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Capitol One - Charge off? HELP!

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    Capitol One - Charge off? HELP!

    Hi Everyone-

    I know that you are all experts here on this subject! I am having alot of trouble with Capitol One. We filed on October 5 2005, discharged in January 06. We were current on our payments up to September, before we filed. The issue that I am having is with my Capitol One (I have heard that they are a pain!). When I first checked my report after discharge, they were reporting a charge off in November 2005 and had no information regarding my bankruptcy. Well, of course I disputed that as incorrect. Now I have gotten my results back and they did update everything regarding the Bankruptcy, but I still have the charge off, they just moved it back to October. Can they do this? we sent in August payment, did not in September, filed in October 5th. they wouldn't charge off my account as of 30 days right?

    I'm confused, and was wondering if you had a letter that might help my situation?

    I appreciate any advice you can give me!

    Wendi

    #2
    they can report you as being 30 days late which is exactly what Providian did to us. I had had the card for 10 years and had never been late. I paid January's bill(2005) but did not pay February's because we had already seen a lawyer in February and filed. He told us to quit paying the cards. Providian called us non-stop until I had our case number which was in late February. He filed for us in March. Technically we were 30 days late because we did not officially file until March(didnt get our case number until then). You can dispute it directly with Capital One which is what I would do. Good luck..

    Comment


      #3
      You didn't make a payment for over four months...they probably charged it off during that time.............
      NOTE: I am not a lawyer...any advice I give is for entertainment purposes only. Legal questions should be directed to competent counsel. I am just a troll. Or a Toad.

      Comment


        #4
        I know Creditors cannot, by law, even report you late until a full 30 days have passed that you are late. I had a GF that worked in collections for a rent to own place. They were reporting people as little as 15 days late and the Feds jumped on them big time about that. 30 days was the minimum before a late can be reported.

        We are at the point we're missing our 5th payment. Our CC statements are just now saying we're 60 days late.

        Cap One must have some kahoonahs to go after people in such a short time frame.

        Dispute it with the CRA's and see if their investigation will yield different results.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment

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