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Questions on a Charge Off

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MercyMe
Frequent Contributor

Re: Questions on a Charge Off

Mindnumb ...  it should read PAID CHARGE OFF, and be certain it does! Current experience has taught me (as well as has Tuscani) that unless the STATUS bar reads PAID somewhere in the wording, the account may not be considered paid.  If the OC or CA reporting the account does not also report the STATUS CODES the status might well remain unpaid, bad debt, charge off, or whatever the case may be.  I learned this just this morning from an Equifax representative who suggested I re-re-re-dispute an old Sun Trust Bank home improvement loan  that was charged off in 2002, but that was paid in 2003.   Though the comments on the account show PAID CHARGE OFF, Balance 0, and closed, the status had never been updated so the account appeared to be unpaid and in collections.  
 
I had disputed this 50 times, if once, and every single time the information Sun Trust was reporting came back verified because they were not providing the status codes to the CRA, nor reading beyond their own comments, which read:  paid charge off, while overlooking the status, which still reads Bad Debt, sent to collections, charged off.
 
Today I finally got an Equifax representative to look long and hard at the 81 month payment history, which validated the erroneous reporting by Sun Trust.  Sun Trust is, or so they say, attempting to correct the problem again.  And I do mean, again.  This time let's hope, huh? Equifax, in and of itself cannot remove the past few years worth of erroneous activity.  Sun Trust has to, they tell me.  But you, and everyone else out there who is about to pay off a charge off, or a collection, make certain the status bar reads PAID COLLECTION or PAID CHARGE OFF.  Don't rely on the comments on the account or the account summary.  This account has given me years of grief and absolute frustration, not to negate what it's done to my credit rating, such as that 60 point drop just this month, and regardless of the fact that it's been closed for 5 years.  Be sure, please.
 
me


Message Edited by MercyMe on 05-14-2007 01:10 PM
Message 11 of 14
Anonymous
Not applicable

Re: Questions on a Charge Off

I would think you'd have a valid FDCPA complaint in there somewhere.  If they're reporting incorrectly and acknowledged it, it would seem to me a vaild grounds for a complaint.  I don't know, but it would sure seem it to me....
Message 12 of 14
Anonymous
Not applicable

Re: Questions on a Charge Off

MercyMe,

 

Any lates reported after PIF are a violation of FCRA by the CRA, the OC, or both.

 

There's caselaw for lawsuits against OCs (Richardson vs. Fleet, Nelson vs. Chase Manhattan), but the FACTA legislation codified this in FCRA § 623 (15 U.S.C. § 1681s-2)
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1681s-2

 

CRAs are in violation when they refuse to correct after being provided proof. Caselaw is Cushman vs. Trans Union among others.

 

Were your disputes with the CRAs via CMRRR? If not, then dispute with the CRAs via CMRRR first. Tell 'em any lates reported after the account was PIF must be deleted as they are not accurate.

Message 13 of 14
Tuscani
Moderator Emeritus

Re: Questions on a Charge Off



MercyMe wrote:
So, Tuscani -- you're from MN?  Anywhere near Walker?  ND born and raised here -- family in Wakler, MN; but anyway,  I have a few more questions, if you would be so kind.... and I will name the sources this time. 
 
I was wrong.  My credit score didn't jump 54 points because Sun Trust Bank corrected some long time errors they've been making with the CRAs, in particular, Equifax.  It went up 54 points because the two medical collections came off.  HOORAY!!!  Which leaves me yet stymied about Sun Trust Bank which reported a current charge-off in May 2007, though the account has been closed and paid since 11/2002. 
 
Over the past couple of years current activity has oftentimes been reported to Equifax, by Sun Trust Bank, showing activity in the 81 month history, which has offset that which is in the account summary which.  In this erroneous compilation of bogus history there were 3 charge offs listed over the course of 18 months. 


Walker is quite a ways from me.. I live in the Southeast metro. Congrats on the recent deletes!
Message 14 of 14
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