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Citibank settlement almost paid but...

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PostPosted: Sun Sep 09, 2007 12:43 pm Subject: Citibank settlement almost paid but...

I had two citibank cards that i had stopped paying for two years. when i decided to pay back all my debts last year and I gave them a call (back in Novemeber) the accounts were still with them.

They immediately offered me a settlement to be paid in 12 installments. They were not easy to work with because at first i couldn't agree to initial monthly payments they offered. then they offered me something a bit better so i took it. between the 2 accounts,they took off about $1300 which will be reported to the IRS.

Also, they refused to send me a letter about our agreement. they said they don't send out letters so i have no proof of this and since i did not want this to go to a collection agency i took it.

So this is my question-I have 2 more payments left with them. after that, they said it takes 30-90 days to update my credit report and I will be receiving the 1099-c from both Citibank and the IRS within three years.

I am getting a bit nervous now, does anyone have any experience with settling with citibank? Are they good about reporting the information on credit reports and such? i am just worried since i have no letter of agreement, they might forward the balance to another CA and not keep the agreement. Is there anyway i can protect myself? any advice would be great,thanks.

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PostPosted: Sun Sep 09, 2007 1:03 pm Subject:

I would get proof of this agreement first that you said you had with them, cause you can pay them off, but without proof they can ask for more and how can you proof that you do not owe more, do you see what I mean. Send them a debt validation letter and send it certified mail with a return reciept, if it is not to late, and that way they have to send you proof within 30 days I beleive. Start with this first before you worry about your credit file.

If I am wrong with this info. someone will be along soon to correct it, but I think I am right. You have come to the right place for help.

thanks,
Luke

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PostPosted: Sun Sep 09, 2007 1:12 pm Subject:

i have two more payments with them so it doesnt make sense to me to demand a letter at this point or send a debt validation but I already knew i owed this money since it was recent.

the only thing i can think of that will somewhat protect me is the 1099c form but that can take up to 3 years to get and hopefully they will go through with it.

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PostPosted: Sun Sep 09, 2007 1:19 pm Subject:

You may know what you owe but do you have the origanal debt letter, bill or invoice, something with the amount you owed, that way you can take all the recipets you have as proof that you paid when you make the last of the 2 payments to go. And, I would still send a letter asking them for proof of what you paid. You can get a "Ammoration Payment Schedule" that prints out all of the payments that you have made within the 10 months or you can ask for one when you send in the last payment and send that request certifed mail with a return reciept request. You have to do something. About the 1099c tax form, sorry I am not familar with that. I would also reccommened that you click on the "free consultation" button that is to the right of this post, they know all about that stuff.

thanks,
Luke

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PostPosted: Sun Sep 09, 2007 1:59 pm Subject:

I googled the 1099c, it is a forgiveness form that the creditor must file with the irs by law. You will be required to pay the taxes on the forgiven amount. Once you pay those taxes there is no going back for the creditor. That is my understanding on it anyway, google it and see what you think. I don't think you need to be worried about it, just be aware that you will be recieving it and expect to pay it, it is almost considered income or profit, it is my understanding that anything over $600 has to be filed.
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PostPosted: Sun Sep 09, 2007 2:04 pm Subject:

Would that be the end of your relationship with Citibank, if so, maybe that would be the best thing to do in the end is to file your 1099c, pay what you have to (with the IRS they maybe able to set up a payment plan with you for about 3 months), and then be done with it. But still, I think you still need some sort of form that says what you have paid so for and in the end.


good luck,
Luke

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PostPosted: Sun Sep 09, 2007 2:17 pm Subject:

If they won't send you anything in writing, I would write them! You don't need a validation letter- you have been paying, acknowledged the debt is yours, and have only two payments left.

I have sent some of mine a letter stating that this is the next to the last payment according to our agreement of settled amount xxx. Then I sent the last payment with another payment saying this is the last payment per our settlement agreement on such and such date for xx amount. As you have stated previously, I will be expecting an updae on my credit report.

Be sure you make copies of everything, send money orders, and send all correspondence certified, return receipt..Good Luck-keep us posted..KAren Very Happy

Also, be aware that they will either put Settled for Less than Owed, or something to that nature on your account.

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PostPosted: Sun Sep 09, 2007 2:20 pm Subject:

Also, cant you wirte on your last check on the back where they sign to cash it something like this under the line " by signing this you agree that this said debt is paid in full"? I heard of people doing that and it worked.
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PostPosted: Sun Sep 09, 2007 4:08 pm Subject:

these are good ideas, thanks.

I believe the 1099c will offially close it up but it can take up to 3 years for them to issue this. I've spoken to several people on my account and they've given me the same information and they've seem helpful and nice except that it seems sending letters are not part of there procedure.

as long as they update my account like they are supposed to, i can use my updated credit report as proof. i am just wondering how Citibank works and if they stick to their word and not pull anything.

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PostPosted: Sun Sep 09, 2007 4:09 pm Subject:

oops sorry that was my post as guest, i forgot to login.
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PostPosted: Sun Sep 09, 2007 4:09 pm Subject:

I would still reccomend that you click on the "free consultation" button that is just to the right of this post, they are very smart about these things there, just give them a chance please.

all the best,
Luke

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PostPosted: Sun Sep 09, 2007 7:04 pm Subject:

I am not yet clear about the relation between debt payment and IRS. I did settle with two collections this year. They sent me release letter but nothing else. Am I supposed to request for 1099-c. It is obviously not income, but expense if I have to file it to my tax...still have to pay tax on it???
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PostPosted: Sun Sep 09, 2007 7:12 pm Subject:

Forgiven debt is other income, and you are taxed on it.
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PostPosted: Mon Sep 10, 2007 3:54 am Subject:

It is my understanding that anything over $600 has to be reported, it is the law, so as long as it stays under $600 you should be ok, that would be $600 per bill. If you google the form, it breaks it down in the directions.
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PostPosted: Mon Sep 10, 2007 3:55 am Subject:

The companies actually report this as a lose, so you have to report it as a gain.
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PostPosted: Mon Sep 10, 2007 7:07 am Subject:

Quote:

I am not yet clear about the relation between debt payment and IRS. I did settle with two collections this year. They sent me release letter but nothing else. Am I supposed to request for 1099-c. It is obviously not income, but expense if I have to file it to my tax...still have to pay tax on it???

Quote:

Forgiven debt is other income, and you are taxed on it.


According to tax code you are liable for tax on any and all income. Debt forgiveness is a form of income and is filed via form 1099-c. You can circumvent paying this tax if a company never files form 1099-c but most large credit card companies file them and there is no way to keep them from being filed. If the debt was old and sold a few times then it might get lost in the shuffle though. Technically you owe the tax if the form was filed or they paid the tax if the form was not filed but what really happens is they write off the loss and do not file the form so the IRS does not get their cut. If this happens then you would owe the tax so this would be considered tax evasion if it was not paid but so is not paying tax on cash transactions.

Most credit card companies file it on the final balance which includes all interest, penalties and fees. The result is you end up paying tax on forgiven debt that you never received compensation for. This is legal even though I think it should be illegal. The credit card company gets a tax break they should not get and the IRS makes more money from the individual than they should. Personally I would not chase down the 1099-c if it was never filed and they send you some other document as proof of the debt being settled. This means the company did not write off the debt and they paid the tax. I would consider it part of the settlement unless you want it as proof of closure.

I like Bossy's idea about submitting the payment with the details attached. I also like Luke's idea about placing an agreement on the final check. I think you should do both with return receipt requested and keep all copies. I think it is to late to send a DV letter. I would make the last two payments especially if they are not very high and see where the cards fall knowing that they may come back on you for more money.

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