cancel
Showing results for 
Search instead for 
Did you mean: 

Need help with how to handle some baddies

tag
sisyphuswins
Contributor

Need help with how to handle some baddies

Hi and thanks in advance for any advice

 

1.    Capital One

       Charge off

        1st 30 day past due 12/08   Charged off 8/09

         $500 original credit amount; high balance $1286; $2000 past due 5/14

         SOL is 4 years

1b:    This account is being listed twice by Equifax, both under "Closed Accounts" and "Negative Accounts--Closed"

 

2.      Midland Funding (OC Citibank)

         1st 30 day past due 3/09

          Original amount $1863; balance $3099

          SOL 4 years

 

3.      Best Buy Rewards Card-----was Capital One until Aug 2013, when Citibank took over

          One missed payment in 7/13; perfect payment record otherwise since 06/2010

          Account is listed as open since 6/2010 under Citibank and never late

          However, both EQ and TU have the Capital one account as a negative with one late payment, closed/transferred/sold

 

4.      Discover   paid judgement

          Filed 5/2011; paid 10/2011; verified 6/2012

          Due to stay on until 4/2016

          Can I ask for a delete, since it's paid?

    4a.    It's also listiing as a separate account that's been closed and paid----should I get that deleted?

 

More to follow.......

Starting Score (6/30/14): Credit Karma 619; Quizzle 656
Current Score (4/3/2015): TU 741; EQ 718; EX 671; FICO 8 Bankcard 730
Goal Score: 800 (aim high!!)

Message 1 of 7
6 REPLIES 6
xaiduz114
Regular Contributor

Re: Need help with how to handle some baddies


@sisyphuswins wrote:

Hi and thanks in advance for any advice

 

1.    Capital One

       Charge off

        1st 30 day past due 12/08   Charged off 8/09

         $500 original credit amount; high balance $1286; $2000 past due 5/14

         SOL is 4 years

1b:    This account is being listed twice by Equifax, both under "Closed Accounts" and "Negative Accounts--Closed"

This is very old, and outside the SOL. I would send a DV first, then if it's not deleted, try a PFD for 40% or so, but with it being outside the SOL and so old, I wouldn't suggest anything higher than 50%. But make sure you have the funds before you send the letter, because should they accept a payment for deletion, you'll need to pay asap. If you do this, get it in writing that they will delete upon receipt and clearance of payment, and that the account is settled and closed, BEFORE you agree to paying it. Or you could wait, this will probably fall off within a year and a half.

 

2.      Midland Funding (OC Citibank)

         1st 30 day past due 3/09

          Original amount $1863; balance $3099

          SOL 4 years

Again, outside SOL and it's gaining age. Send a DV, and then possibly a PFD if needed.

 

3.      Best Buy Rewards Card-----was Capital One until Aug 2013, when Citibank took over

          One missed payment in 7/13; perfect payment record otherwise since 06/2010

          Account is listed as open since 6/2010 under Citibank and never late

          However, both EQ and TU have the Capital one account as a negative with one late payment, closed/transferred/sold

Try to GW the lates on those reports.

 

4.      Discover   paid judgement

          Filed 5/2011; paid 10/2011; verified 6/2012

          Due to stay on until 4/2016

          Can I ask for a delete, since it's paid?

    4a.    It's also listiing as a separate account that's been closed and paid----should I get that deleted? You can GW a deletion. IT's not a guarantee they will delete it for you, but it's a good will letter, asking for  a favor. You may get through to someone who has a heart, lol. I'd try the GW avenue on this, however, I do not know much about judgements specifically.

 

More to follow.......


Hope this helps somewhat. I'm no legal advisor, but these are what I would think of doing. Good luck, I hope you get your credit cleared up!

Starting Score: EQ 478 | EX N/A | TU 540 - 5/2014
Current Score: EQ 475 | EX 582 | TU 589
Goal Score: 700 by 5/2015 - My Credit Rebuilding Journey!
Collections (MED): DCS Financial (4) | Columbia Collectors (1) |
Dynamic Collectors, Inc (2) | Professional Credit Services (2) |
CMRE Financial Services (1) | Total: 10
Charge-offs: IQCU (1)
Cards I'm aiming to get:
Unitus Community CU SecuredBofA Secured
Message 2 of 7
sisyphuswins
Contributor

Re: Need help with how to handle some baddies

Thanks so much.  For the record, it's combined accounts between the two of us (just so nobody thinks it's all me).  He's also got a bunch of medical collections that we'll use the hipaa process for.   

 

Just a dumb question.   Should the DV go to the OC or the CA?

Starting Score (6/30/14): Credit Karma 619; Quizzle 656
Current Score (4/3/2015): TU 741; EQ 718; EX 671; FICO 8 Bankcard 730
Goal Score: 800 (aim high!!)

Message 3 of 7
spike69
Frequent Contributor

Re: Need help with how to handle some baddies

Just to be sure SOL implications are clear- this is how to help decide how to pay them. SOL states they cannot take legal action agianst your for the debt after that time. The debt is still owed (but will be more likely to be settled). For credit reporting they will remain on your CR for 7 years plus up to 180 days from the first deliquency.

Message 4 of 7
sisyphuswins
Contributor

Re: Need help with how to handle some baddies

The way I understand it is they can't sue you once it's out of SOL, so they will be more inclined to negotiate.   But it doesn't mean that the debt just goes away.   Right?

Starting Score (6/30/14): Credit Karma 619; Quizzle 656
Current Score (4/3/2015): TU 741; EQ 718; EX 671; FICO 8 Bankcard 730
Goal Score: 800 (aim high!!)

Message 5 of 7
xaiduz114
Regular Contributor

Re: Need help with how to handle some baddies


@sisyphuswins wrote:

The way I understand it is they can't sue you once it's out of SOL, so they will be more inclined to negotiate. You have the Statute of Limitations as a defense in court if they try to sue you, I don't believe it actually means they can't TRY. Also, it gives you more leverage in negotiations, so you can sometimes settle pennies on the dollar depending on the age of it.  But it doesn't mean that the debt just goes away.   Right? No, because it is still a debt that you owe. A collection may fall off your report, but CAs will still be able to continue collection activities while they own the debt, and it has not been settled.


 

Starting Score: EQ 478 | EX N/A | TU 540 - 5/2014
Current Score: EQ 475 | EX 582 | TU 589
Goal Score: 700 by 5/2015 - My Credit Rebuilding Journey!
Collections (MED): DCS Financial (4) | Columbia Collectors (1) |
Dynamic Collectors, Inc (2) | Professional Credit Services (2) |
CMRE Financial Services (1) | Total: 10
Charge-offs: IQCU (1)
Cards I'm aiming to get:
Unitus Community CU SecuredBofA Secured
Message 6 of 7
sisyphuswins
Contributor

Update Re: Need help with how to handle some baddies

Following up on this one:

 

4.      Discover   paid judgement

          Filed 5/2011; paid 10/2011; verified 6/2012

          Due to stay on until 4/2016

          Can I ask for a delete, since it's paid?

    4a.    It's also listiing as a separate account that's been closed and paid----should I get that deleted? You can GW a deletion. IT's not a guarantee they will delete it for you, but it's a good will letter, asking for  a favor. You may get through to someone who has a heart, lol. I'd try the GW avenue on this, however, I do not know much about judgements specifically.

 

Just contacted a lawyer on the judgment issue.  

 

Sent a GW letter to Discover and just got a response back informing me that they can't locate my account, so they can't help me.   I gave them all but the last 4 digits of the card number--I really don't know the whole number anymore.    Any suggestions on what I can do from here?  I have a real person to write to which is a start Smiley Happy.

Starting Score (6/30/14): Credit Karma 619; Quizzle 656
Current Score (4/3/2015): TU 741; EQ 718; EX 671; FICO 8 Bankcard 730
Goal Score: 800 (aim high!!)

Message 7 of 7
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.