Charged off credit card collections?
Date: Mon, 06/18/2007 - 19:41
1. She has a charged off account ($3700 high balance) with FCNB that was opened in 2000, closed in 2002 and shows a date paid in 2004. WHAT exactly is DATE PAID? I can't find an explanation of what that means...
Also, It shows balance of $0 and past due of $0. This supposedly was being taken care of when they enrolled in Ameridebt...which of course is now gone and we don't know if it actually was taken care of or not. ANYWAY......
MCM apparently has purchased the debt and is now calling and trying to collect. What are her rights or what should she do about this collection agency since the SOL runs out soon.... and is SOL figured from the time the account was closed or from this DATE PAID shown? Should she ask for verification due to the Ameridebt debacle?
2. Her ex husband declared bankruptcy a month or so after their divorce 3 years ago. Is she still responsible for the entire debts that she was on as a joint account? We don't know if he declared these on HIS bankruptcy petition and of course, he won't disclose anything to her.
Many thanks to all in advance as I try and get things straight for her!
If current bal and p/d bal = 0, and it shows a paid date, then t
If current bal and p/d bal = 0, and it shows a paid date, then the account was probably sold off. You say MCM bought the debt, which makes sense. The paid date in this case would be when FCNB sold it to MCM. FCNB is reporting a zero-balance because they don't own it anymore.
Her rights are that she can demand a validation of the account from MCM, explaining how they come up with her balance, and also for them to prove that they are the legal owners of the debt. There is a sample letter in the do-it-yourself section.
SOL is calculated from the date when the account first became delinquent. In the case a payment was made after the occurence date, the SOL timer usually resets whenever a payment is made.
I am not entirely sure how bankruptcy's affect a joint account where the co-maker has not filed. I think that in a Chap 13 plan, the creditor cannot go after the remaining spouse. In a 7, the creditor can only go after the remaining spouse when the case has been disharged. You can always look up the ex's BK filing through Freedom-Of-Information Act in the court where he filed. Find his case #, ask for a copy of the petition, and it will show everyone he included.
Thanks for the reply and the link, Cruncher! I will go down to
Thanks for the reply and the link, Cruncher! I will go down to the courthouse and look at her ex's bankruptcy filing and see what all he has claimed and then will research to see if they can go after her for the remaining debt. I'll drop you a line to let you know about what I find out.
MCM stated to me on the phone a couple of days ago that they are going to refer this debt to an attorney. Is this correct or a scare tactic since they are not the original debt owner?
Here is one other quick question. Was reading the sample letter
Here is one other quick question. Was reading the sample letter to contest a debt ( thru the link you provided ). My wife has told me this morning that she has received 2 previous letters from MCM concerning the debt, so that means that she has been contacted and cannot state that she is not aware of the debt ( and she agrees that they owed it, but that it was sent to Ameridebt to be settled ). How to you think that this letter can be modified to fit that situation, since I don't think that using the letter verbatim would fit at this point.
Thanks!