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Can debt collectors apply interest on account charged off

Date: Wed, 12/21/2005 - 18:39

Submitted by anonymous
on Wed, 12/21/2005 - 18:39

Posts: 202330 Credits: [Donate]

Total Replies: 6


Here is what I think- if a credit card debt is charged off by a company,then it is incurred as a bad debt,a total loss amount. In other words, the principal is accounted as a write off in the lender's balance sheet.

Now if a sum of amount is writtern off and reported to its investors as loss, how can interest be applied to it? The borrower in such a case is not even liable for the borrowed amount.

By collecting on charged off accounts, aren't lenders having it both ways? Writing it off at the same time collecting on it.
Also, how can interest be applied on principal written off. The whole collection business seems to be a scam!!

Dont get me wrong - I believe I am still liable for the principal.


Hi

Under Section 808(1), a debt collector is restricted from collecting any amount unless it has been stated in the agreement contract with the original creditor or unless it is permitted by law.

If a collector is charging further on the total amount of debt, it has to be permitted by the state law even if the contract is silent. Conversely, he cannot collect any additional amount if it is not mentioned in the contract and the state law is silent.

The agreement has to be in writing. If the contract is not in writing from the original creditor, the collector must prove that the consumer is aware of the charges before he makes collection.

Regards
Roxette


lrhall41

Submitted by roxette on Thu, 12/22/2005 - 09:57

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We bought a computer in 2000. We paid on it for a year or so. Due to financial hardships it went to charge off in late 2001. Since then it has been charged off 2 additional times(?!) Once in collections as a bad debt, we paid an additional $1000.00. Given the fact that it has changed "collector's" hands so many times over the years - we requested a complete account history. NO ONE can provide us with it. Yet, in 2005 a new "collector" took control of it and decided 4 years after the original charge off, that they were going to start charging interest again. SAY WHAT!!! We have not touched the account since 2004 because of the overwhelming increase it has sustained due to this fact. I was told once it's charged off, the interest stops on the account. It's "frozen" at the amount it was charged off at. Is this not correct?


lrhall41

Submitted by on Thu, 05/17/2007 - 11:00

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interest may accrue after the charge off date and even after the statute of limitations date. Almost all judgements are on accounts that have been charged off and if the contract supports it, both pre-judgement and post judgement interest may be awarded. As for deciding to add interest after 4 years...this is a dangerous thing to do. If the interest is calculated incorrectly, this can be a violation of the fdcpa for mistating the balance. Depending on your state, the account is likely barred by the statute of limitations, which can be raised as a defence against the claim.


lrhall41

Submitted by on Tue, 07/07/2009 - 15:08

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I had a medical bill that was sent to a lawyer for collection. I agreed to pay $50.00/mo. They are also charging interest on this account when there was no contract. Why do I have to pay more than the original charge??


lrhall41

Submitted by on Mon, 07/13/2009 - 06:32

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I have a question. i am married and i was the prinicpal on the car loan we had. it was charged off in 2005, due to financial hardships. they sent it to a collection company and now they increased the amount by 1000. can they do this?? should i pay towards it?? it has been on my credit for 4 years.

Tammy Wilson
[email]tabathawilly@msn.com[/email]


lrhall41

Submitted by on Fri, 07/24/2009 - 07:19

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