What Is the Definition of a Charge Off?

July 27th, 2010

Q. What is the Definition of a Charge Off?

A. When credit card companies, stores, banks or other financial institutions that offer credit are filing their taxes and can prove that a consumer has not paid the amount they owe on their credit card debt, the company will typically ‘charge-off’ the account on their books as un-collectable.  They are legally declaring it as a loss and can write it off their own taxes.  This will lower the amount of tax they are assessed to pay the government on April 15th.

A charge off is not a good thing for you to have on as part of your credit history.  Some consumers assume that since the debt has been declared a ‘charge-off’ that it is the same as a write off.  Not for you. You are still responsible for paying the debt owed, plus late fees, penalties and interest.  Additionally, the credit card will be canceled.

A lot of people who use credit cards think that once the debt is charged off they no longer owe it, that it magically disappears into thin air.  Nothing could be further from the truth.  Not only do you still owe the debt, but it remains on your credit report charge off as a black mark for 7 years.

Charge offs are very difficult to remove from your credit report, and the only way to do so is to challenge the debt.  Some credit card companies will allow a negotiated or ‘settlement’ payment, which is a lesser amount to pay it off.    It will also go to a collection agency if they have not been successful in obtaining the pay off from you.

But even if you pay the lesser amount, the charge off will still remain on your credit report.  If the amount you owe has been sold to another collection agency, it may be repackaged as a debt with additional fees, penalties and interest, which only increases the total amount you owe.  It doesn’t seem fair, but it is not illegal.

If you don’t have the money to pay off the debt, it’s an unfortunate situation you have no control of.  Many good people have lost their jobs, ran into financial problems due to illness or as the result of a messy divorce.  There are programs the federal government has put into place that can help you repair your credit, as well as other agencies who are experts in the restoration of your credit.

For example, I used Lexington Law to remove over $12,000 in questionable charged off debts from my credit report.

It is in your own best interest to avoid a charge off on your credit card at all costs.  Your financial future depends on how you handle your credit, which can result in denial of future purchases such as a mortgage, car loan or line of credit.

If you are a college student or a young consumer, be very careful when applying for credit cards.  Although legislation has recently been enacted to protect the consumer against predatory lenders, it is still your responsibility to be financially savvy and make smart decisions when it comes to your credit decisions.   Read the fine print and research what kind of credit applications are right for you and your lifestyle.

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Can I Dispute a Charged Off Account?

July 15th, 2010

Q. Can I Dispute a Charged Off Account?

A. When a consumer has a debt that is overdue over 180 days, or six months, the lender must declare that debt as a charge-off.  This means the company or financial institution is taking a loss, and filing that loss on its federal income tax. The company did not get paid and so has lost the income it previously depended upon when they created their yearly budget.

Typically, what happens next is that the debt is sold to a debt collector, most often an agency, as part of a package of “repackaged” debts owed this company.  Your debt is now lumped in with a bunch of other consumers who defaulted on loans, credit card, and mortgages.   It is easy to get lost in the crowd and very hard to remove yourself from the pack.

The only notice you might receive is that of a negative update on your credit report.  If you are diligent in checking your credit report every week, you will see it.  Most consumers are not, and only check it if they have been denied credit.  This will undoubtedly affect your credit rating. 

You are not able to dispute the sale of your debt to the new collector, but you have the legal right to question the charge off, if in fact, you have paid the debt in full.  If you have gone over the above referenced 180 days, however, there is nothing you can do.

The folks at Lexington Law are able to help you with all your credit inquiries and may be able to help you with a charge off that you feel is unwarranted or was erroneously placed on your credit report.   Although you are legally protected and can question the charge off yourself,  the attorneys at Lexington Law are aware of the red tape and can maneuver the ins and outs of the system. 

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Can a charge off be removed from a credit report with full payment?

June 30th, 2010

 Q. Will paying a charge off remove it from my credit report?

Paying an old charge-off will not remove it from your credit reports. It will be listed as an updated “Paid Charge-Off,” which, although it is slightly better, is still a black mark on your credit.

A charge off, whether it is paid or not, remains on a consumer’s credit reports for seven years. The time limit is based upon the date of the original delinquency (i.e. when first payment is missed and never again became current), and not the date of the last activity.

Some debtors may be able to negotiate with the creditor to have the item removed from the consumer’s credit reports in exchange for partial or full payment. This can only be done directly with the creditor, and not with an outside collection agency or credit bureau.

This is a tricky strategy. I had an affordable law firm remove my paid charge offs – rather than do it myself.

It all depends upon the amount of the debt and settlement offered, the age of the item, and the creditor’s policies. Make sure that if you do attempt to handle things yourself that you do everything in writing (keeping copies), and be sure that the individual you are dealing with has the authority to grant your request.

If you feel you are getting the runaround, contact the professionals at Lexington Law at 800-594-5277.  They will be able to cut through the red tape and the frustrations of handling it yourself.

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May 20th, 2012

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