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ADVICE PLEEEEASE!!


What2do?
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Hi all,

So I took a shot and disputed a few accounts on my credit that I settled with. I claimed they were not my account, in the hopes it would get deleted. That's was what I was advised to do and kept my fingers crossed hoping it would work. So the only account that I had in collections (that has been paid), got completely deleted! WOOHOO! But, the other 3 didn't. They aren't in collections. In the status they use to say 'Paid Settled for less than amount owed'... Now, it says in the comment box... Consumer disputes this account after being settled, charge-off account instead of paid. OMG... what did I do?! Help! Should I dispute it again?! If so, what do I say when I dispute it?! FYI... at the begging of the dispute my score was 601, towards the middle of the investigation it dropped to 586 at the completion of the investigation it is now 628 =) I assuming because of the collection deletion. What is your advice?! It would be so appreciated! Thank you!

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Do you have a letter from the creditor or debt owner that agrees that the debt was settled (I understand it is partial)?

That would be my first point of attack to the CRA. I would say, "You are reporting this as a "charge-off" when actually it is a "paid"." Though technically the difference between what you paid and what was owed was charged off.

Having an agreement in writing between you and the lender settling the debt is key, otherwise you don't have a leg to stand on and you are back to the validation process.

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Do you have a letter from the creditor or debt owner that agrees that the debt was settled (I understand it is partial)?

That would be my first point of attack to the CRA. I would say, "You are reporting this as a "charge-off" when actually it is a "paid"." Though technically the difference between what you paid and what was owed was charged off.

Having an agreement in writing between you and the lender settling the debt is key, otherwise you don't have a leg to stand on and you are back to the validation process.

Thank you! And yes, I do have the letter settling the debt. So, would I dispute it online, if so... what should I say?! Would I also send a copy to the CRA?! If I disputed it to begin with, claiming the debt was not mine, Can I dispute it again?! Will it look suspicious to the CRA?!

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I never handle my disputes online. I want a nice paper trail I can document. I pretend every tradeline I have ever dealt with is going before a judge. Can I "prove" each step I've made? To do that I need a CMRRR letter.

I would send a polite letter to the CRA saying that you were surprised to see this tradeline on your account as "charge off" as you have paid this account to the OC. Please find a copy of the attached agreement with the creditor that this account has been paid and discharged.

Do not mention that it was not paid in full, do not mention your previous dispute. Do not mention anything other then the status of this tradeline is in error.

I would ask that you verify the status of this tradeline with the OC to confirm the status.

Thanks,

ME

The CRA will ping the OC and say what's up with this account? Now one of three things will occur:

The OC will say it is "paid" or "paid for less than owed". The CRA will update the status and you will be back to where you started and nothing is lost.

The OC will have moved the account off their books since it is old and in their eyes "settled". They will not respond to the ping and the item will fall off your report.

eOSCAR will do its thing and come back confirmed, and the tradeline and the status will remain unchanged.

Let's assume the third.

Now you send a new CMRRR to the CRA saying well that can't be right, I have this letter (attached again, so now you've sent it twice) saying we're good and this account is settled. Please send me your MoV.

The CRA will send you a letter in a couple weeks saying "we contacted the creditor directly and they confirmed this tradeline is in a borked status".

Now you go to the creditor (never ever ever before the above steps have been taken). Saying hey, this agreement we had says that the account is settled (maybe not in full, but settled). You had it reporting "paid" on my report (a copy of your blacked out report would be awesome here). Why did you change it to "charge off"? [see 623 method]

You will get a nice letter back saying "we affirm our agreement and we never changed it to charge-off on our side, this must be a mistake...we can't control what the CRA does blah blah blah"

Now you go back to the CRA and say your MoV letter said you contacted the creditor directly and they said this account was borked. Now I have a letter from them (after also contacting them directly) saying this was a mistake. How is that possible?

If no response...you send an ITS letter:

I think you are jerking me around. So I have filled out this complaint (the first step in a small claims court trial) which I have attached here. I am giving you 14 days from receipt of this CMRRR letter to un-bork this situation or I'm going to file it and see a judge to straighten it out and pursue any damages.

Generally this becomes resolved waaaaay before this last step, but if no action is taken then you file. You then serve summons, they likely don't show up, it is rescheduled, they don't show up, it is possibly rescheduled a third time, they don't show up...judge awards you a win.

You then have a court order telling the CRA the judge thinks this TL is screwed up, however he doesn't know how bad because the CRA never showed; therefore completely remove it (judges like being stood up about as much as prom dates).

Let's look at your documents...

You have your original dispute.

You have your paid receipt from the OC.

You have your MoV request and response from the CRA.

You have your WTH? letter to the OC.

You have the oops letter from the OC.

You have the new clairified dispute with the oops letter and orginal creditor receipt that you sent to the CRA.

You have your ITS letter.

Poor you has been given the run around and you've done everything humanly possible to try to keep this out of court and resolve the situation without taking up the valueable time of the judge (or at least that's how you should frame it).

There are people on this board who would tell you that you have violations you could sue for as well, but generally I tell the court I am not looking for money or to make this complicated. I just want it resolved. You'd be surprised how quickly the judge agrees.

In answer to your other question, there is no reason you cannnot dispute ownership of a TL, then just move down the fields and dispute anything else.

Edited by GrumpyGus
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  • 2 weeks later...
I never handle my disputes online. I want a nice paper trail I can document. I pretend every tradeline I have ever dealt with is going before a judge. Can I "prove" each step I've made? To do that I need a CMRRR letter.

I would send a polite letter to the CRA saying that you were surprised to see this tradeline on your account as "charge off" as you have paid this account to the OC. Please find a copy of the attached agreement with the creditor that this account has been paid and discharged.

Do not mention that it was not paid in full, do not mention your previous dispute. Do not mention anything other then the status of this tradeline is in error.

I would ask that you verify the status of this tradeline with the OC to confirm the status.

Thanks,

ME

The CRA will ping the OC and say what's up with this account? Now one of three things will occur:

The OC will say it is "paid" or "paid for less than owed". The CRA will update the status and you will be back to where you started and nothing is lost.

The OC will have moved the account off their books since it is old and in their eyes "settled". They will not respond to the ping and the item will fall off your report.

eOSCAR will do its thing and come back confirmed, and the tradeline and the status will remain unchanged.

Let's assume the third.

Now you send a new CMRRR to the CRA saying well that can't be right, I have this letter (attached again, so now you've sent it twice) saying we're good and this account is settled. Please send me your MoV.

The CRA will send you a letter in a couple weeks saying "we contacted the creditor directly and they confirmed this tradeline is in a borked status".

Now you go to the creditor (never ever ever before the above steps have been taken). Saying hey, this agreement we had says that the account is settled (maybe not in full, but settled). You had it reporting "paid" on my report (a copy of your blacked out report would be awesome here). Why did you change it to "charge off"? [see 623 method]

You will get a nice letter back saying "we affirm our agreement and we never changed it to charge-off on our side, this must be a mistake...we can't control what the CRA does blah blah blah"

Now you go back to the CRA and say your MoV letter said you contacted the creditor directly and they said this account was borked. Now I have a letter from them (after also contacting them directly) saying this was a mistake. How is that possible?

If no response...you send an ITS letter:

I think you are jerking me around. So I have filled out this complaint (the first step in a small claims court trial) which I have attached here. I am giving you 14 days from receipt of this CMRRR letter to un-bork this situation or I'm going to file it and see a judge to straighten it out and pursue any damages.

Generally this becomes resolved waaaaay before this last step, but if no action is taken then you file. You then serve summons, they likely don't show up, it is rescheduled, they don't show up, it is possibly rescheduled a third time, they don't show up...judge awards you a win.

You then have a court order telling the CRA the judge thinks this TL is screwed up, however he doesn't know how bad because the CRA never showed; therefore completely remove it (judges like being stood up about as much as prom dates).

Let's look at your documents...

You have your original dispute.

You have your paid receipt from the OC.

You have your MoV request and response from the CRA.

You have your WTH? letter to the OC.

You have the oops letter from the OC.

You have the new clairified dispute with the oops letter and orginal creditor receipt that you sent to the CRA.

You have your ITS letter.

Poor you has been given the run around and you've done everything humanly possible to try to keep this out of court and resolve the situation without taking up the valueable time of the judge (or at least that's how you should frame it).

There are people on this board who would tell you that you have violations you could sue for as well, but generally I tell the court I am not looking for money or to make this complicated. I just want it resolved. You'd be surprised how quickly the judge agrees.

In answer to your other question, there is no reason you cannnot dispute ownership of a TL, then just move down the fields and dispute anything else.

Wow... Thank you so much 'GrumpyGus' your information is very informative! I'm greatly appreciated! =)

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Now wait a second. Are you now going to dispute the account with documentation that you paid the account, but have just disputed it as "not mine"

Also, keep in mind "charge off" is just an accounting term. All defaulted is required by the IRS no later than 180 days delinquent the debt be "charged off"

You settled/paid off a charged off debt, for less than the charged off amount.

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