Debtconsolidationcare.com - the USA consumer forum

Can an account be charged off more than once?

Date: Sun, 05/27/2007 - 08:36

Submitted by anonymous
on Sun, 05/27/2007 - 08:36

Posts: 202330 Credits: [Donate]

Total Replies: 3


I was wondering, for SOL purposes... can an account be charged off more than once? I have an account since 2000 that was charged off in 2001,2003,2004. I've last paid on it in 2004 and officially refuse to acknowledge the debt until they can explain to me why it was charged off in 2001 at $3100. and now even after $1000.00 in payments - it's back up to $3600. The newest CA has started charging interest, after it had not incurred any between the original charge off and 2004. I've requested validation and got a verification. Now, they are threatening Legal action unless we contact them within 30 days. The contact they will receive is the Validation letter. Over the course of the last 7 yrs it's changed so many hands, that we deserve a complete account history for the life of the loan.

Any suggestions?


What state are you in? Exactly when was the last payment made on this account?

To answer your question about an account being charged off more than once . . . if you defaulted on an account and it was charged off, then you began making payments and defaulted again, it could be charged off again. Each time you begin making payments on a defaulted account, you reset the SOL.


lrhall41

Submitted by Here to Help on Sun, 05/27/2007 - 09:23

( Posts: 106 | Credits: )


I'm in PA. I just wanted to know because on my credit reports, they decided to change the charge off date to a new date that wasn't even a charge off. Both the original creditor and the CA were reporting on the same thing and on top of all that... When we bought our house, they said it was being reported as a medical. It's a computer not anything medical. But we have not made any payments on the account since 2004 and refuse to do so until they can provide us with a validation of the account. It's changed hands more times than the offering tray at church. In that process things have been changed, altered or lost in the process. They are threatening legal but all I've ever asked for was validation. My record shows $3100 charge off, $1000 payments = $2100 but now they say we owe $3600.


lrhall41

Submitted by on Wed, 05/30/2007 - 14:09

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The SOL for PA is 4 years. With the last payment being made in 2004, that would explain the push from the CA now - SOL is about to run out, therefore, their ability to take this to court (or simply just threaten to take this to court) is about to run out. You have a couple choices here: 1. You can continue to insist on validation, by law they do have to provide this to you if requested, and you have every right to demand this. 2. If you are certain that you know this account is yours and you know the correct balance, you can spell it out to them like that - "I know this is my account. My records reflect a balance of $XXX. With my current expenses and other bills, my budget will allow me to make X number of payments to you in the amount of $XXX monthly, semi-monthly, weekly, etc which will pay the balance in full." Send your first proposed payment with the letter and if they accept and cash the check, they have basically accepted your proposal. You continue to make the payments you outlined and if they take you to court, you can show the judge your records and the payments they have been accepting. This ruins their case and makes you look really good. You can also try to negotiate that they remove any derogatory entries from your credit reports upon acceptance of the final payment.


lrhall41

Submitted by Here to Help on Wed, 05/30/2007 - 15:12

( Posts: 106 | Credits: )