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Disputing a Charge Off?

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    Disputing a Charge Off?

    I had a bank loan that I stopped paying around June of 07.
    They are reporting on Experian as such:
    "
    Status:
    Account charged off
    /Past due 90 days. $12,591 written off.
    $2,093 past due as of Oct 2007.

    Date Opened:
    03/2004
    Reported Since:
    04/2004
    Date of Status:
    10/2007
    Last Reported:
    10/2007 Type:
    Installment
    Terms:
    61 Months
    Monthly Payment:
    $0
    Responsibility:
    Individual

    Credit Limit/Original Amount:
    $25,000
    High Balance:
    NA
    Recent Balance:
    $12,591
    Recent Payment:
    $0

    Account History:
    Charge Off as of Oct 2007
    90 days as of Sep 2007
    60 days as of Aug 2007
    30 days as of Jul 2007 "
    ---------------------------

    Now here's the thing:
    Maybe they did charge it off, but I don't recall ever receiving any notice that they were charging it off. I received some letters saying it was late but no letters stating it would be charged off, as far as I can recall.

    So can I make them prove that it was charged off, and when?
    And I thought that even if something was charged off, it wasn't supposed to be listed that way after a Ch. 7 discharge. No?
    Last edited by PaKettle; 06-04-2008, 07:11 PM.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

    #2
    If the chargeoff occurred before you filed Chapter 7, it occurred prefiling and will not be removed from your record and no matter how you dispute it, it will hard if not impossible to remove. You may get lucky and they will just state it was discharged in Chapter 7 if you dispute it but I doubt it. I don't think anyone has ever received a letter saying that a debt was going to be "charged off" and listed as such on your credit report. When a debt is a certain number of days late, the creditor has certain rights. Some of those may be listed in the small print brochure you received when you signed the loan or received the approved credit card. It states in there what the creditor can do if you breach your contract and do not pay. They do protect themselves.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

    Comment


      #3
      Originally posted by Flamingo View Post
      If the chargeoff occurred before you filed Chapter 7, it occurred prefiling and will not be removed from your record and no matter how you dispute it, it will hard if not impossible to remove. You may get lucky and they will just state it was discharged in Chapter 7 if you dispute it but I doubt it. I don't think anyone has ever received a letter saying that a debt was going to be "charged off" and listed as such on your credit report. When a debt is a certain number of days late, the creditor has certain rights. Some of those may be listed in the small print brochure you received when you signed the loan or received the approved credit card. It states in there what the creditor can do if you breach your contract and do not pay. They do protect themselves.
      But tell me if I have this right:
      If I dispute it saying that it was not charged off BEFORE I filed bankruptcy, don't they have to prove otherwise? Can I get paperwork from them stating WHEN it was charged off, exactly? Otherwise how can I know that my credit report contains fair and accurate info?
      <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
      FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

      Comment

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