Debtconsolidationcare.com - the USA consumer forum

What kind of debt is.....

Date: Mon, 02/04/2008 - 13:19

Submitted by skydivr7673
on Mon, 02/04/2008 - 13:19

Posts: 2036 Credits: [Donate]

Total Replies: 16


...an overdrawn bank account?

Would this be considered an open account, since no credit contract is used on a bank account?


Would that even appear on the "big 3" credit reports? I know they would report it to ChexSystems, but I don't recall ever hearing of an overdrawn bank account showing up on a regular credit report. I mean, obviously it has though.

Maybe someone a little more knowledgeable can weigh in on this, though. I'm really curious now.

Also, if it can be reported on credit report when it is overdrawn, I wonder why it isn't reported as "good" credit history when you have not have any problems with it? Same with utility bills. Why can they report a delinquent utility bill on your credit report (adversely affecting it) and not be required to report utility bills on your credit report when everything is hunky-dory (positively affecting it)?

Seems like double jepardy to me.

Just one of the many questions I have about the unfairness of this thing called "life".


lrhall41

Submitted by FloridaRon on Mon, 02/04/2008 - 15:55

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LOL! UncleWulf!
No, no one ever told me life is fair. It's just the optimist in me would like to think it is sometimes.
Sorry SkyDivr, I kind of dovetailed off your question without really answering it.
I went to Equifax's website (the first CB I thought of) and did a search for "delinquent bank accounts." Here's what the search returned, of course after some scrolling through pages on my part. I chose "delinquent" as opposed to "overdrawn" as a bank probabably wouldn't report it until after it became seiously delinquent, not at the first sign of it being overdrawn.

Bearing all this in mind, I'm guessing it would be reported under "Other Account" as a "Closed Account", as either "Currently Past Due" or "Negative Account History", depending on whether or not the delinquent account had finally been paid.
If someone else can chime in and confirm or deny the correctness of my assessment, please do.


lrhall41

Submitted by FloridaRon on Mon, 02/04/2008 - 17:56

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I'm not sure if mine was reported before but I know it is now that it's with collections. On a similar note, my credit report shows that NCO Financial is holding my Bank of America account. However according to B of A, that changed in October and it's now with PennCro, which is not on my report (this is as of 1/15/2008. Any idea what I should do regarding this? how long does it take to update something like that?


lrhall41

Submitted by mppsu2003 on Tue, 02/05/2008 - 05:12

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Basically bankes and untilities won't report (banks I think report on credit cards, not sure about that). What usually gets reported is an account at CA gets a hold of, THEY are the ones who report, because it is a common collection tactic to use the CRAs to help collect upon debts,, that is why the FTC has an opinion that any activity on a credit report constitutes collection activity.

However the account 'should' be listed as either a closed account or a collection account. Don't even get me started on how CAs love to report on things wrong (because it has a bigger impact on your credit) for instance I had a medical account being listed as a Revolving account so it made the medical account look like a credit card account.


lrhall41

Submitted by goldenbast on Tue, 02/05/2008 - 06:13

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OK, I guess I needed to explain this better. I am trying to find out the type of debt that an old, closed, overdrawn bank account would be for the purpose of statute of limitations. The bank account was overdrawn supposedly, and closed with an outstanding balance due. My state lists three kinds of debts for SOL statute--

Judgments
Contract debts
Open debts

Contracts are 10 years, open debts are 3 years.I am trying to get the correct information to someone about this and I dont want to tell them the wrong thing. We arent worried about the credit report and whether or not they report on that--this is because a CA is claiming they are going to sue someone over this debt. Date of last payment according to what the CA states on their letters is over 3 years ago but less than 10 years back so I need to know what type of debt this would be considered. Lots of great info in here and thanks to all for it, but this is the part I still need to find out. I hope this didnt sound ugly from me or anything, that isnt what I am trying to do.

Any thoughts?


lrhall41

Submitted by skydivr7673 on Tue, 02/05/2008 - 06:51

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That is an open account unless there is a contract involved. I can't remember if banks have you sign a contract or not. Plus, don't listen to when the CA says the last payment was. You friend should DV the CA...then they can't even sue until they provide the documentation, plus then you could see when the actual date of last payment was.


lrhall41

Submitted by goldenbast on Tue, 02/05/2008 - 07:11

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Yeah, I'm thking open account also. There were no fixed terms or regular payments as it was a bank account.

Man, like pulling teeth to get an answer? Huh, SkyDivr7673?

LOL!


lrhall41

Submitted by FloridaRon on Tue, 02/05/2008 - 09:12

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hey, ron, its all good man

You guys and gals are the best and i cant complain about any of the info you provide for me in here!

As for DV, yes, I was thinking the same thing but at that point if they had any info to show that the SOL was not expired they would use it, I am thinking. As for the debtor, his take is that no payment was made after that time. So, a DV is still a good thing to do but this account was disputed with the OC way back when this all happened and it has been disputed ever since. So a DV will probably not be very effective right now. The debt is an error on the part of the OC. So my advice is to send a complete C&D and tell them that per LA state law the debt's SOL has expired.


lrhall41

Submitted by skydivr7673 on Tue, 02/05/2008 - 09:25

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I have a hospital bill that went to collections and they're taking me to court>>>>Is this an open account?


lrhall41

Submitted by on Wed, 11/19/2008 - 19:02

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