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Charge off on credit report

Date: Tue, 04/24/2007 - 10:24

Submitted by anonymous
on Tue, 04/24/2007 - 10:24

Posts: 202330 Credits: [Donate]

Total Replies: 8


I'm very confused here. I've only had ONE Chase credit card, which was originally Bank One, and now on my credit report it shows 2 different Chase accounts. One charged off in Sept. of 2004 then another one sold to CACH, (who i'm trying to deal with now) for a much higher amount. Makes me suspicous where did this 2nd and much higher card come from? Any suggestions or should i just call Chase and ask them? I'm totally confused.
Thanks for any help.
P.S. Can i ask Chase to validate an already charged off credit card??


It might be the same account. They're supposed to remove the one creditor if that creditor actually sells the debt to someone, but occasionally, they don't. I had that problem myself a few months ago and had to dispute the entry with the CRA, who then removed it.

It's also possible that it's just a plain old error, someone else's account that got on your report erroneously somehow. Regardless, you should contact the CRA and tell them that there's a discrepancy that needs to be corrected. They will then contact Chase to get the correct information to be reflected on your credit report.


lrhall41

Submitted by Debt Padawan on Tue, 04/24/2007 - 11:13

( Posts: 89 | Credits: )


But would it show up with 2 different account numbers? Also, it shows as account closed at consumer's request. Why would they close an account at "MY" request if it were past due? This has me baffled, to say the least. Another thing, if CACH is collecting on this account (have filed suit against me) would it also show up under Chase for the exact same amount?


lrhall41

Submitted by on Tue, 04/24/2007 - 11:35

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It might show up with two different account numbers. If the OC actually did sell the debt, the new owner of the debt most likely gave the debt its own account number.

As to the "consumer's request" thing, yes, it is pretty odd. I've noticed that the "whoever's request" thing seems to be applied in a pretty lackadaisical manner. However, I personally tend not to be concerned about it too much. The effect it has on your credit is minimal, if indeed it even exists at all.

Please note that there is a difference between "collecting on account" and "buying an account". In the former case, a third party has been contracted to collect a debt, but the debt is still owned by the OC. In the latter case, the debt is actually *sold*, and whoever has purchased the debt *becomes* the OC. It's a very different matter, and important to be aware of for purposes of protecting yourself under the provisions of the fdcpa.

Finally, as to the amount, there are many reasons it might be different. Most likely, they're still trying to heap fees and penalties and so forth on you. It's also possible that it's just a plain old mistake. You'll need to send a debt validation request to CACH to ask them to explain and confirm the amount they're quoting. CACH is prohibited from any further collection activity until they have provided the validation. Most collectors won't validate; if CACH does, you can review the documentation that they send to see whether it's accurate.


lrhall41

Submitted by Debt Padawan on Tue, 04/24/2007 - 11:42

( Posts: 89 | Credits: )


TO make sure i'm understanding this correctly, Chase would have two different account numbers for the same account? And one of them as charged off the other as closed/past due 180 days? Then on top of these 2 Chase another for CACH as collection agency? I feel so naive about all of this but I am learning even though it is at a slow pace!
Thanks again for all your help!


lrhall41

Submitted by on Tue, 04/24/2007 - 12:20

( Posts: | Credits: )


And weirdest thing is both of these Chase credit cards with different account numbers were opened same date, 9/97. All this seems very odd to me. From the beginning of this dealing with CACH I told them my debt was around $4,500, which is pretty close to the Chase account that is charged off. Now the other one is in the EXACT same amt CACH claims I owe, $9,400. :?:


lrhall41

Submitted by on Tue, 04/24/2007 - 12:28

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No, no. :) Chase would have only one number for the account, but CACH would most likely assign their own number to the account, especially if they actually bought it from Chase rather than just being contracted to collect it.

The first thing you need to do is to send a debt validation letter to CACH. Ask them to give you full verification of the debt in accordance with the mandates of the fdcpa. The information they send you will tell you who currently owns the debt; i.e., whether CACH is just collecting or whether they actually bought the debt. It's usually the former. It's fairly uncommon for a creditor to actually sell a debt.

Don't feel naive or stupid or anything else like that. This is complicated and confusing when you're first learning about it, but as you study it more, it gets a lot clearer.


lrhall41

Submitted by Debt Padawan on Tue, 04/24/2007 - 12:31

( Posts: 89 | Credits: )


I have already asked CACH several times for validation of this debt, all i've ever gotten was some weak letter back from them. But what has me totally confused is that Chase shows 2 different accounts with 2 different account numbers and 2 different amounts owed. I have NEVER had 2 different Chase credit cards. As far as CACH, i totally messed up with them. They sent me a citation and after many conversations with them and a lot less knowledge than i have now, they scared me and i ignored the citaton. Stupid i know but i didnt' understand totally what that meant. So now i have a court date set up for May 29, 2007 which i plan on attending for the judgement. And hopefully the judge will hear my side of how CACH threatened me and NEVER allowed me to work anything out with them. Anyway, that's a WHOLE other story!
Again, Thanks!
Should I call Chase about these 2 different accounts and find out more?


lrhall41

Submitted by on Tue, 04/24/2007 - 12:51

( Posts: | Credits: )


I am not a lawyer, and this is not legal advice.

I don't know whether you'll need to hire your own lawyer at this point, since I don't have enough experience with this area of debt collection. Whether you do or not, though, absolutely do show up for the hearing, otherwise, you lose by default, and they can turn you every which way but loose, whereas if you show up, you can still work out some kind of payment arrangement even if the judge does rule against you.

If you go without a lawyer (which I am not recommending for or against, I emphasize again; not experienced enough to advise), be sure to ask the plaintiff to prove their claim. It sounds like they can't, which is surprisingly common in these matters, and if they can't, the judge is likely to rule in your favor. Be sure also to tell the judge that you've been asking for documentation of the debt (and be sure to have records with you that demonstrate that you've been asking) and that you haven't received any -- and since they haven't proven anything about the debt, you haven't been able to discuss payment arrangements with them. If they're asking you for thousands and thousands of dollars, it's perfectly reasonable for you to ask them to demonstrate that they're entitled to the money.

It is also possible that CACH is in violation of the fdcpa in taking legal action against you without giving you any verification of the debt, in which case you may be able to countersue. I'm not sure about that though, and, once again, I am not a lawyer. :-)

Please keep us informed, and let us know if you have any more questions. Good luck.


lrhall41

Submitted by Debt Padawan on Tue, 04/24/2007 - 13:11

( Posts: 89 | Credits: )