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Please explain "charged off"

Submitted by Mary on Mon, 01/30/2006 - 16:12
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I have a few accounts that are "charged off" and I regret to say that I don't have a clue what this really means. These were joint accounts with my ex boyfriend that I never even used...sucks to be me :( Can somebody please explain what that means and how it affects the order in which I pay items off (what I mean is, are these charged off accounts a more pressing matter than my medical bills which I can afford to pay right now?)

Thanks once again...you guys and gals are really clearing things up for me and helping me out of the fog!

~Mary


Hi Mary!
The definition of a charge off---
A debt that is deemed uncollectable and written off. Also known as a bad debt.

Usually this happens after a creditor hasn't received a payment from you in three months. But there are different time tables--depends on the creditor. I should know, I have several that I am currently paying on. So you are not alone!!

Just so you know, the term 'charge off' doesn't mean that you don't have to pay the debt. You still do. It just means the company deemed it as 'uncollectable' and passed it on to a collection agency. You are still responsible in paying this though.


Submitted by imkimssister on Mon, 01/30/2006 - 16:21

imkimssister

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charge off means that the company wrote it off as bad/uncollectable debt and took it at a loss. You are still obligated to pay it though, and will probably recieve correspondence from a CA about it soon. I would pay all your current stuff first though, so you don't get behind on that. Because the charge-off is already on there hurting your score, it would be best to stay current on what you can. Then when you have the chance, go back and pay the charge offs.

How old are your medical bills by the way?


Submitted by TMD on Mon, 01/30/2006 - 16:21

TMD

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Sorry, I should have clarified that last post...

Several of my medical bills are out of the SOL, but they are small enough (some are under $100) that I will soon be able to afford to pay them in one payment. I am putting these as my priority since it will be one less thing for me to worry about. Thanks again guys and gals!

~Mary


Submitted by Mary on Mon, 01/30/2006 - 16:51

Mary

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can someone clarify for me?
if an OC has charged off on your account, and the debt is now in the hands of a DC (or CA) - and the DC is a law office that has filed a summons against you - the DC "owns" the debt now, not the OC? so how can the DC claim to be "representing" the OC, even going so far as to name the OC as the plaintiff in the summons? isn't that misrepresentation/fraud? if i wanted to present an offer to settle, it would be with the DC, not the OC, right?
thanks for any advice, support, guidance, examples!


Submitted by on Tue, 07/28/2009 - 09:15

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1) You are correct that the "plaintiff" would be the current/legal owner of the debt, and the attorney would be representing the plaintiff. However, a creditor is never under any obligation to sell it's accounts just because they charged off. They can keep it in-house and work it in their recovery department, or send it to an attorney for suit. So it is possible that the OC is actually the plaintiff in your case.

2) When a debt is sold, the OC does not have to remove their tradeline from your credit file; they can still report it as a chargeoff. However, in order to report correctly per the FCRA, the OC should report a zero-balance and a comment that the debt was "transferred."


Submitted by DebtCruncher on Tue, 07/28/2009 - 17:15

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The way that I understand it, if an account is "charged off" that means that the OC took a loss, and received a credit from the IRS.. Thats the definition of bad debt.. And I keep reading that its "illegal" to collect from a debt thats been charged off for this reason.


Submitted by on Mon, 11/09/2009 - 09:24

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Quote:

and received a credit from the IRS


Lenders don't get credits from the IRS for charged off accounts. Bad debts are just an operating expense, and reduces their overall taxable income. That's all. If a charged off account can be collected on (or sold) after it's charged off, then it becomes a recovery and reported as income in the year it was collected.

Quote:
And I keep reading that its "illegal" to collect from a debt thats been charged off for this reason.


You can read that all you want, but it's not true. There is no law that prevents anybody from collecting on charged off debts.


Submitted by DebtCruncher on Tue, 11/10/2009 - 07:53

DebtCruncher

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My wife has a CC account that was charged off in 2008. She is now being contacted by a law firm to collect. We sent a Debt verification letter and they Replied with just copies of the statements. The last statement balance at charge off was about $2200. less what they are trying to collect. Also, the reply did not have anything showing the agreement from their client to collect the debt. nor the agreement with my wife's signature to promise to pay the debt. Then in their letter reply they show the original creditor as being Bank of America, and she never had a card from BofA. It was PNC Bank.
What should we do at this point.......


Submitted by on Wed, 02/17/2010 - 19:03

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Read above for the definition of a charge off.

Mycousinvinnie: You received only the barest validation. Send them another letter, informing them that they have not validated the account properly. In this letter ask how they came to the amount due when the statement plainly shows a different amount and if this amount is the product of fees and/or interest, then you need to see a signed contract and/or agreement allowing said fees/interest. Also demand to see the contract because she never had an account with BoA so there is no way they can be the original creditor. Also ask for proof of who is currently the owner of the debt and if they (lawfirm) has a legal right to collect upon said debt.

You should also check your credit reports and see who is reporting. If the card was charged off, there will likely be 2 accounts showing, the original and whoever currently owns the debt. Whoever owns the debt now has a responsibility to accurately list the account, and the account being installment/factoring/open/past due is NOT reported accurately! Only the original creditor can report this way and evenn they should have the account listed as a zero balance due to the account being sold.

Plus, if you dispute the item on the credit reports and the company verifies, they have violated because it has been established that ANY reporting is considered continued collection activity.


Submitted by goldenbast on Tue, 04/27/2010 - 07:53

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Quote:

Originally Posted by TMD
charge off means that the company wrote it off as bad/uncollectable debt and took it at a loss. You are still obligated to pay it though, and will probably recieve correspondence from a CA about it soon. I would pay all your current stuff first though, so you don't get behind on that. Because the charge-off is already on there hurting your score, it would be best to stay current on what you can. Then when you have the chance, go back and pay the charge offs.
How old are your medical bills by the way?


The truth is that 80% of the people in the US do not know the truth about laws of credit.Charged off on real words mean you Dept has been wrote off and the insurance the creditor had on you has paid off your account and you no longer owe it.yes there are steps you need to follow to keep any collection agency from trying to collect money you do not owe them since it is not true the they Buy your account from the bank


Submitted by on Sun, 08/29/2010 - 07:21

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The truth is that 80% of the people in the US do not know the truth about laws of credit.Charged off on real words mean you Dept has been wrote off and the insurance the creditor had on you has paid off your account and you no longer owe it.yes there are steps you need to follow to keep any collection agency from trying to collect money you do not owe them since it is not true the they Buy your account from the bank


Submitted by on Sun, 08/29/2010 - 07:24

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Submitted by on Sun, 08/29/2010 - 07:25

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I am sorry but that is wrong. Charged off does NOT mean you no longer owe the debt. You most certainly DO owe it still. Charged off was explained further back in this topic. Just because a creditor charges it off doesn't mean you no longer owe it..that thinking will get you sued faster than your head can spin.

The only way you would no longer owe the debt is if they wrote it off as a tax write off and you got a 1099-c for it, then you have to pay taxes on it as income.


Submitted by goldenbast on Tue, 02/22/2011 - 12:09

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I agree "GoldenBlast"...you've got it right on the nose! My hubby and I settled a debt and we received a 1099c form that we get the wonderful honor of filing with our long form for last year...for the full amount of the debt owed regardless of the amount paid. Gotta love how the figure ways to get you for it six way from Sunday!!! :(
I have a question to pose for the wise and knowledgeable out there though...so here goes. If a debt is charged off from 2004...and has fallen off of your credit report, i.e: it hasn't been reported in several years as a new, current or bad debt...what then would be your advise? :confused:
I appreciate all your help...thank you for your kind assistance! ;)


Submitted by G-Ma Goose on Thu, 02/23/2012 - 14:31

G-Ma Goose

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