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Calling all Experts. Crap 1 account. Tell me what you think


kevmic
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This is on my DW's Ex report. I know there are violations. Just point me in the right direction.

CAP ONE BK

Address:

PO BOX 85015

RICHMOND, VA 23285

8009033637

Account Number: xxxxxxxxxxx

Status:

Account charged off/Past due 180 days. $827 written off. $1,153 past due as of Jul 2005.

Date Opened: 11/2001

Type: Revolving

Credit Limit: NA

Date of Status: 07/2003

Terms: NA

High Balance: $1,153

Reported Since: 11/2001

Monthly Payment: $0

Recent Balance: $1,153

Last Reported Date: 07/2005

Responsibility: Individual

Recent Payment: $0

Creditor's Statement:

Account closed at credit grantor's request.

Account History:

Charge Off as of Jul 2005, Jun 2005, May 2005, Jan 2005, Oct 2003 to Dec 2004, Jun 2003

180 days as of Jan 2003

150 days as of Dec 2002

120 days as of Nov 2002

90 days as of Oct 2002

60 days as of Sep 2002, May 2002

30 days as of Aug 2002, Apr 2002

Balance History:

05/2005 $1,127

01/2005 $1,080

12/2004 $1,068

11/2004 $1,056

10/2004 $1,041

09/2004 $1,029

08/2004 $1,016

07/2004 $1,001

06/2004 $989

05/2004 $974

04/2004 $962

Limit High Balance History:

Between May 2005 and May 2005, your credit limit/high balance was $1,127

Between Jan 2005 and Jan 2005, your credit limit/high balance was $1,080

Between Dec 2004 and Dec 2004, your credit limit/high balance was $1,068

Between Nov 2004 and Nov 2004, your credit limit/high balance was $1,056

Between Oct 2004 and Oct 2004, your credit limit/high balance was $1,041

Between Sep 2004 and Sep 2004, your credit limit/high balance was $1,029

Between Aug 2004 and Aug 2004, your credit limit/high balance was $1,016

Between Jul 2004 and Jul 2004, your credit limit/high balance was $1,001

Between Jun 2004 and Jun 2004, your credit limit/high balance was $989

Between May 2004 and May 2004, your credit limit/high balance was $974

Between Apr 2004 and Apr 2004, your credit limit/high balance was $962

I dont think they can keep charging fees and I guess interest after they have charged it off. As far as I can tell they charged off the account in june of 2003. But they keep adding to the balance.

Help me out. This is one of the accounts keeping us from getting a home.

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I'm no expert but... for starters,

Status:

Account charged off/Past due 180 days. $827 written off. $1,153 past due as of Jul 2005.

This is just silly.... Obviously the past dues amount is wrong.
Account History:

Charge Off as of Jul 2005, Jun 2005, May 2005, Jan 2005, Oct 2003 to Dec 2004, Jun 2003

180 days as of Jan 2003

More silliness.... It can only be charged off once...
I dont think they can keep charging fees and I guess interest after they have charged it off.
Actually they can, the question is this legal and can they collect it? -Probably not. You need to dispute this and start setting them for violation under FACTA- start with the 1-2 Punch method.

CRAP-One is about the hardest to get rid of... Good luck...

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Charge offs are not an easy question to answer. The short version is that IF the OC still owns the account (i.e., NOT sold to another lender) then by IRS rules they can keep it on their books for 2, 3 or 7 years depending on their accounting practices AND continue to charge interest and penalties.

Charge off is just an accounting term that means "charge taken against accrued income".

Just to confuse things a little further, if the OC happens to be a bank governed by the FDIC, then they are required to CO the account within 180 days and set the balance to $0 then issue you a 1099c for the "forgiven" amount". Most CC companies, although they might be associated with a bank, have managed to get themselves out from under FDIC control.

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If you've got the money, you can try. You might get them to accept the original balance. Make sure to get everything in writing BEFORE you send money and shoot for "Paid", or "Paid as agreed" with all the lates deleted. A "Paid for less the full amount" or similiar will hurt your interest rate...

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