How to Dispute a Charge-off on Credit Reports


A charge-off on a credit report is detrimental to credit scores, especially if it is recent. But how accurate is the information being reported about that charge-off?

What is a Credit Charge-Off

Banks, lenders and credit card companies will write off an account balance after a certain amount of time of nonpayment. That account balance is now a bad debt and referred to as a “charge-off.”

The time-frame of an account balance going to a bad debt is usually 180 days of non-payment. The creditor can no longer keep the debt on their books as an asset and therefore write it off as a bad debt.

But this does not mean you no longer owe the debt. The account may be transferred or sold to a collection agency and a negative credit mark will be entered on your credit reports by the creditor and the collection agency. Charge-offs are difficult to remove but there are ways to dispute a charge-off which may result in it being removed from your credit report. You can request a creditor to substantiate each and every fact they are reporting about the charge-off. Demand that they prove a particular fact about the listing or delete it.

Unpaid charge-offs can also lead to a legal action. The original creditor or collection agency can pursue legal action as long as the debt is within the statute of limitations. After the statute of limitations has run, a debtor can no longer be sued and the debt basically becomes uncollectible.

“The best way to handle a charge-off is with a legitimate dispute of an error in reporting.”

Base charge-off disputes on a factual inaccuracy

Account Balance. Has the account been transferred or sold to a collection agency? If so, the account balance should be at zero. Many times the account balance will report on the charge-off account as well as the collection agency account. This can hurt your credit-utilization, making it look like you owe both the creditor that sold the account and the collection agency. An original creditor who has sold or transferred the account to a collection agency cannot continue to report a balance owed. If they report monthly it must report as a zero balance. If there is an amount owed once the account has been sold to a collection agency, then this is a factual error that can be disputed because it is inaccurate or incorrect credit reporting.

Dispute the balance and ask for a deletion. Sample Letter: I am writing to dispute [name of account and account number] on credit report number [xxxxxx]. The balance listed on the account is incorrect. Please delete the account.

The letter does not have to be long. Make no mention of the fact the account has been transferred or sold to a collection agency and that the balance should be zero. In other words, do not help the credit reporting agencies “correct” information.

Always ask for a deletion of the entire account because corrected negative information does not help improve your credit score. But keep in mind the credit bureaus are not required to delete incorrect information; they can simply correct the information to reflect accurate reporting.

Open Date of Account. Is the opening date of the account correct? If not, dispute the date. It may be a minor issue; nevertheless, it is a factual error you can base a dispute upon. A simple letter stating the opening date is incorrect. Request a deletion of the entire listing. Do not give them the correct opening date as it is their responsibility to investigate, not yours.

Highest Balance. This category on a credit report can often be incorrect. Dispute the “highest balance” you never know, you may get the entire listing deleted if the original creditor cannot provide the correct high balance especially if the account is older and they no longer have the records.

Late Payments. Are there late payments after the account has been charged-off? If so, how can that be? There should be no delinquencies after the “closed” date. Additionally, does the credit report show an amount charged off along with a past due amount? If so, this is incorrect reporting if the charge-off account has been sold or transferred to a debt collector. Request a deletion. It may only be corrected to reflect a past due amount of $0 but at least try to get a deletion because accurate negative information is still negative on your credit reports.

Dispute account status. Charge-off accounts that have been sold should not be listed as currently open by the original creditor. Request a deletion of the account even though it may only be corrected, as stated above, it does not hurt to request deletions.

Dispute Re-Aged Accounts. Creditors and collection agencies that re-age accounts are seriously affecting your credit score. It is imperative that you dispute re-aging of accounts. Re-aging causes a negative account to appear more recent. The more recent the charge-off appears to be, the more detrimental to your credit scores. Re-aging also causes an item to stay on your credit report longer which is not only illegal but also a credit score killer!

There is an exception to disputing charge-offs. Let’s say the charge-off account has been paid and two years have passed. It may be wise to just leave it be. Removing it may lower your credit score because of the date of last activity. You want to avoid the date of last activity on the account appearing as current. Remember some older negative entries matter less when calculating credit scores. Once a charge-off gets 48 months or older, it has much less impact on your credit scores. Unless you are purchasing a home and the mortgage lender requires you to pay the debt; or, in the cross-hairs of being sued for unpaid debt, leaving it alone may be the best strategy.

Exercise Caution when disputing an older Charge-off

When disputing a charge-off you run the risk of lowering your credit score if the dispute returns verified as accurate. This can hurt your credit score because the credit bureaus will update the last date of activity on the account. Once the date of last activity is updated the negative account appears recent. Often times older charge-offs are not updated monthly by the original creditor which is good for your credit score.

Recent activity, whether that activity is a payment, a missed payment or monthly reporting by an original creditor, all counts as recent activity. Updating a negative charged-off account does nothing but causes the negative account to look more recent. Recent negative information on your credit reports is more detrimental then older negative information. Just consider all possibilities when disputing a charge-off — it may be better to let it age off.

Settle the Charge-Off

At some point the creditor may be willing to settle the charge-off and even accept less than what is owed. Settlement can be a good option if you just want to move on. It gives you a chance to stop the calls, letters and most importantly stop the threat of legal action. You can better concentrate on rebuilding your good credit. The only issue with settlement is that the account remains on your credit report. You should ask the creditor if they can delete the account once it is settled.

Payment in exchange for deletion is common with collection accounts but may be more difficult to negotiate with creditors. But it’s worth a try. The reason it’s more difficult is that the credit bureaus encourage creditors to preserve accurate consumer credit histories for use by others and not to delete accurate negative information.

But you can always request any creditor to voluntarily delete a negative account. That’s because the creditor is not required to provide a reason to the credit bureaus as to why they deleted information they previously reported…the creditor can just request a deletion PERIOD.

If the creditor will not agree to a deletion then request the account be simply noted as “Paid.” Some creditors will mark the account “Paid/Settled” and this can add to your troubles. When you settle an account it indicates that the creditor agreed to accept less than the amount owed on the account. A settled account indicates a higher level of risk because it means the account went past due.

Charge-offs are not forever

The good news about charge-offs is that they do not last forever. After 7.5 years from the date the account first became 30 days late on the original account it will be removed from your credit reports. In some instances it may be best to leave a charge-off alone because the longer the account has been charged off and has had no activity, the less it impacts your score. Anything that is less than 12 months has the most impact on your credit score and the impact reduces after that, unless you keep adding new collections and charge offs to your credit reports.

As you can see there are several options in disputing a charge-off. Consider allowing a professional repair your credit. Lexington Law assisted clients in removing over 7,000,000 negative items from combined clients credit reports last year. Those negative credit items included: Bankruptcies, Foreclosures, Tax Liens, Repossessions, Judgments, Collections, Late Revolving Credit Payments, and Inquiries.



  1. Ella

    September 8, 2016 at 8:23 pm

    Hi Lisa! I’ve been reading your blog whilst trying to get my life together! I’m hoping you can help me personally! Here’s my situation. I have 2 accounts in collections…one from Comcast cable.

    I found that these accounts were in collections when I signed up for credit karma. Anyway, I could make the payments in full but when I called the collection agency they both advised that they had a ‘zero deletion policy’. I was going to pay them both and have it marked as ‘paid in full’ but I read that it will actually hurt my score! They said a goodwill letter was also pointless (my own wording). The original Comcast account is from 2013 but it says it’s been open at collections since December 2015 (Comcast didnt report). Collections asked me for documents to support a dispute but I do not have any from 2013! I’m not sure if I should pay it and dispute it with the credit bureaus. I am in the process of trying to buy a car because I need a safe vehicle for my babies.

    The other account is only for $69 and while I could pay it, they will not do a pay for deletion. I’m thinking about hiring CreditSaints and cut my budget elsewhere. Please help me!

    • Ella

      September 10, 2016 at 11:44 pm

      Update: The medical bill has been paid and they are going to delete it!!!!! Still debating on how to deal with Comcast! Help!!

      • Lisa Phillips

        September 12, 2016 at 6:07 pm

        Congrats! That’s great news. Keep in mind my earlier reply that lenders using FICO 8 scoring model ignore collection accounts under $100.

        • Ella

          September 13, 2016 at 12:25 am

          Hi again! Thank you for replying, I appreciate it! was going to reply via Facebook but I was scared! Just a follow up…the Comcast charge is $220..Ive recently been denied for a car loan due to a recent collection on my account. I currently have a 657 FICO score down from a 697. I asked comcast (credit management LP) to verify the debt but they told me I needed to send in all of my Comcast documents..last bill, receipt, etc. in order to dispute it. I think I have to pay them and start my dispute with the credit bureaus because I’m getting nowhere with the collection agency. Now here’s a silly question but do I send goodwill letters to comcast, the collection agency, or the credit bureaus? The date Credit Management LP first reported this was November 2015.

          • Lisa Phillips

            September 20, 2016 at 5:48 pm

            You would offer a pay for delete agreement to the company that is reporting the negative account. And, the goodwill letter should be sent to the company that is reporting the negative account. This might take some effort. It can be worth researching an executive’s name to send your offer directly to them. Even if the answer is no, send again until you get the desired results.

            It helps if you let them know in the letter you are trying to purchase a vehicle and that a goodwill deletion of the paid account would help you in that effort. Unfortunately there are no rules or laws that require a deletion if the information being reported is accurate. But a deletion can be done.

            Because debt collectors have a policy in their agreements with the credit bureaus not to delete a collection account based on payment of the debt, some don’t budge on the front line. It just requires the authority of someone higher up in their management chain. A company executive or CEO can always allow an exception to that policy and delete an account.

    • Lisa Phillips

      September 12, 2016 at 5:59 pm

      This may sound counterproductive to your efforts to improve your score; but, I think some collection accounts should be left alone. I say this because paying a collection account will undoubtedly update the “date of last activity.” The “activity” being the payment. Most lenders use FICO 8 scoring model where “paid” and “unpaid” collection accounts hold the same negative weight when it comes to calculating your score for accounts that exceed $100.

      But a new ding to your score may occur when the collection agencies update the “date of last activity.” It can end up looking like a new collection account and you don’t want that.

      Additionally, the collection account that is reporting an amount under $100 is not being calculated into your FICO score. I wouldn’t waste too much time or effort trying to get a paid for delete with Comcast. Their collection agencies do not like to cooperate because they know they are under no legal requirement to delete legitimate debts. Even though other collection agencies may do it, in the end, it’s a courtesy, not a requirement.

      If you really just want the debts removed from your credit reports, you can try paying them. Then dispute with the credit bureaus or try a goodwill letter type of letter. I would say persistence in a goodwill removal is about your best bet but that would mean you would have to pay them first.

      For purposes of purchasing a vehicle, most lenders are not going to require that the collection accounts be paid. Plus, you may still get a decent interest rate depending on the shape of your other accounts. If you have a positive credit history with a few dings, having a few older unpaid collections should be okay.

  2. Jaylin

    December 20, 2015 at 12:56 pm

    I recently disputed a charge-off from honda finance with Transunion. The amount under dispute was 10,999. The results of the dispute were the actual amount owed is 8,999. Unfortunately, I did not know disputing this would affect my credit score. My score had risen from 650 to 760 over the past 8 months from a conscious effort to pay off debt and keep all accounts current, this was the only thing on my credit holding me back. This dispute dropped the score 40 points to 720 which is so frustrating especially since I am preparing to refinance my current home loan. Can you recommend what I should do at this point? Should I dispute the account further? Should I push back on Transunion for dropping my score since the investigation proves the information reported was inaccurate? Should I try to negotiate a pay-off?

    • Lisa Phillips

      December 28, 2015 at 5:20 pm

      When an account is disputed it is suppressed from being included in the FICO score calculation even though it still shows on your credit reports. Once the dispute is resolved, TU may continue to report something like “account in dispute” notation.

      I cannot say for sure but having that dispute notation removed may help recover your credit score. I definitely would not initiate another dispute process. But I would call Transunion’s Special Handling Dept. at 800.916.8800 to request any “dispute” notations be removed as the account is no longer in dispute.

      Also, once a dispute gets older after a few months, your score should recover. That’s because once a dispute is resolved the date of last activity is updated and unfortunately this makes negative information look more recent. Again, it usually takes a few months for your score to recover.

      On another topic, if you are refinancing the mortgage company may require any “dispute” notations be removed anyway. You may as well start the process now (that is if any dispute notations are reflected), instead of waiting until you are in the process of refinancing.

  3. Stuart Boben

    November 5, 2015 at 9:28 am

    We have been fighting with Key Bank Collections on a student loan for almost four years now and every month we have paid them they have written a charge off on my wife’s credit report. Is there anything we can do about this because we have adamantly paid them and agreed amount every month.

    • Lisa Phillips

      November 9, 2015 at 7:51 pm

      Unfortunately there is no legal requirement for creditors to cease updating charge-offs monthly. It is an awful practice that some creditors choose to do but it is legal and they are within the rules of the Fair Credit Reporting Act.

      The only requirement of the FCRA is that information must be accurate. If you can find something inaccurate about the charge-off, that inaccuracy can be disputed. Here is a list of inaccurate information to look for.

      The only option I can suggest to get a charge-off from updating monthly is to:

      • Pay the debt in full and request the account be updated to Paid/Closed along with a removal of any late payments after the charge-off date.
      • Pay the debt in full and request the account be deleted from your credit reports in exchange for that payment.

      If you choose to do nothing about the charge-offs make sure you have positive information that outweighs the negative information by padding your credit reports.

  4. Alisha

    November 2, 2015 at 1:29 pm

    So, I am planning on disputing a Frontier account. I originally signed up with Verizon Fios in 2009. In 2010 we moved and cancelled our service since they didn’t service our area. 5 years later (last month) I received a charge off of $82. They said they closed my account in 2015. I don’t know how that’s possible since I closed it in 2010 and haven’t had service from them in over 5 years. They can not verify the original reason why I owe them money except for late fees. They never updated my forwarding address, so I never received a bill. What is the best course of action to get this charge off removed?

    • Lisa Phillips

      November 3, 2015 at 9:54 pm

      The best course of action I can suggest is to contact Verizon’s collection department and explain to someone in charge just what you said here. Since you cannot pay a bill you were unaware of and never received. They may be willing to remove it without a credit dispute. If you get them to agree ask for confirmation in writing as your proof.

      If that does not work it’s time to put a dispute in writing directly to Verizon. I don’t suggest disputing with the credit bureaus because Verizon would probably just verify it as accurate. But if you dispute directly with Verizon they have 30 days to respond just like the credit bureaus or they will have to remove the negative account. In your dispute letter to Verizon request they provide statements for the time they claim you had an account and to show where the bill was sent.

      If they do not agree to delete the charge-off your next step would be a complaint to the Consumer Financial Protection Bureau and the Better Business Bureau. Verizon has a history billing customers at incorrect addresses and refusing to correct the problem. A complaint with the CFPB may be just what is needed to get them to take action to remove it from your credit reports. Be prepared to provide the date and proof of your new address and it would help if you have proof that Verizon does not even provide service in the area where you have resided for the last 5 years.

  5. Asha

    October 29, 2015 at 8:54 am

    I have recently pulled my credit reports to assess how bad off they really are. From what I can tell, outside of medical collections and a satisfied judgement, the biggest thing hurting my credit scores are 3 charge offs that report balances monthly despite being 5 years since charge off. They don’t appear to be with collection agencies and I would like to try removing them instead of waiting 2 more years for them to fall off my reports since they are killing my utilization. What is the first step? Disputing with the CRA? I have other charge offs but they don’t report any recent activity since 2010 or 2011. Should I even address these?

    • Lisa Phillips

      October 31, 2015 at 2:09 am

      Unfortunately there is no legal requirement for creditors to cease updating charge-offs monthly. Even though the debt has been charged-off it is still owed by the borrower. A charge-off allows creditors to get a tax benefit but technically you are still in default.

      It really is a despicable practice some creditors use to try to get you to settle the debt. Other creditors will simply charge off a debt and the last update will be the date of the charge-off. But creditors who choose to continue updating are within the rules of the Fair Credit Reporting Act.

      The only requirement of the FCRA is that information must be accurate. If you can find something inaccurate about the charge-off, that inaccuracy can be disputed. Here is a list of inaccurate information to look for. Keep in mind if you choose to dispute you may unintentionally “poke the bear.” This essentially means you wake up a creditor who was not thinking about you. When you open a dispute investigation with the credit bureaus you will be brought to the creditor’s attention and the accounts could be sent to a collection agency.

      If a creditor transfers or sells a debt to a collection agency both the creditor and the collection agency can report the charge-off. The only difference is the creditor would have to report the account with a zero balance which would help the utilization issue you are experiencing. But it would also mean you have a RECENT collection reporting which will ding your scores.

      The only other options to get a charge-off from updating monthly is to:

      • Pay the debt in full or agree upon a lower settlement amount and request the account be updated to Paid/Closed along with a removal of any late payments after the charge-off date.
      • Pay the debt in full or agree upon a lower settlement and request the account be deleted from your credit reports in exchange for that payment.

      If you choose to do nothing about the charge-offs make sure you have positive information that outweighs the negative information by padding your credit reports.

  6. Rosie

    September 5, 2015 at 6:00 pm

    Hi Lisa, I have question that I have been trying to get help on. I lost my job back in 2012 and went through an eviction process from my apartment due to me being unable to pay. The balanced owed at the time of eviction was $926.00. I ended up moving back in with my mom for months looking for work. The apartment complex sold the account to a college agency. Months later I’m assuming after court fees were assessed another bill was sent with a total balance of $1694.00, this bill included the original balance due of $926.00. I was still out of work and my parents being on a fixed income were unable to help me at the time. So the account was sold again to the same collection agency that bought the account first time. Now my dilemma is that the collection agency is reporting the account as two separate accounts 1 for $926 and the other one for $1694 for a total amount of $2620.00, which is not true. The final bill of $1694.00 sold to the collection agency already includes the previous bill balance of $926.00 and yes I do have proof not only from the original creditor but also from the collection agency that sent me a collection bill with proof of balance for each bill sent separately for the balance due. I have requested the account to be verified in hopes that the credit bureau will see that the accounts are one in the same but of course the collection agency was able to verify them because they bought the account at separately showing two account numbers. Not sure how to word my letter of disputes in order for the credit bureaus to recognize the the final account already includes the past due balance and fees. Shouldn’t it be just one account being reported with the final bill and charges. This is also making my credit report worse as it seems that I have two separate accounts in collections with a larger balance due. Mind you I have since found employment and more than capable of paying off this debt but I don’t want to agree with anything until the correct account and balance has been properly adjusted and reported. Right now if I agree to anything the collection agency will be collected on and account twice. Any help and advice would be greatly appreciated!

    • Lisa Phillips

      September 10, 2015 at 6:08 pm

      I really don’t see why you cannot write to the collection agency and explain to them just what you said to me. Include in your letter the amount you are willing to pay in order to settle the matter in exchange for a deletion from your credit reports. Now they do not have to agree to a deletion but it does not hurt to ask. You can read more about getting collection accounts deleted here.

      The other option is to get some help. Clearly you have duplicate accounts reporting both with incorrect information. This is definitely something the Consumer Financial Protection Bureau can assist you with. You have already tried to resolve the issue with the credit bureaus and the debt collector verified the account as accurate. You have your proof which the CFPB can use to help you resolve the matter. You can make a complaint at along with uploading the proof to back up your complaint. Tell them exactly what you want in order to resolve the matter such as: I want to pay this amount as settlement in full and I want both accounts deleted from my credit reports as they contain inaccurate information. This option may better serve you because the debt collector will have to answer DIRECTLY to the CFPB. They don’t like dealing with the CFPB. I would go with this option first. Good luck and keep me updated.

  7. Vero

    August 23, 2015 at 10:37 pm

    Does a California auto loan lender have to notify me/ you when they charge off a loan and change the terms?
    I have a car loan I got in 8/08 should have been paid off in 8/13 but I missed lots of payments and they said they would work with me. At some point they charge off the loan. They have not repo it since I’ve been making payments via direct deposit for at least 2 years. I saw it on my credit report that it’s a charge off but I was never notified. I’m assuming they changed the loan terms because as of 10/14 I still owed about $10k.

    • Lisa Phillips

      August 24, 2015 at 12:57 pm

      No, they do not have to notify you. Even though you entered into a payment agreement, there may have been late payments and other fees continuing to accumulate. When you pay less than the full amount due on an account or fail to pay at all the creditor, at some point, can charge-off the account without notification. Unfortunately, even though you are making payments, the creditor still reserves the right to charge-off an account.

  8. Rita

    July 8, 2015 at 10:02 am

    I was off on maternity leave and missed a total of 4 payments, during that time, I lept in contact and gave them the happenings. I resumed minimum monthly payments once I was back to work and paid every month for the next 7 months, but only the minimum payment as that was what I could afford. They have now blocked access ot pay online and I must send a check or call their customer service center to make payment and they informed me the account is now a charge off. Can they do this if I haev been paying something every month? They are now threatning that the accoutn coudl be sold, and I shoudl call every month to see if they sold it or not. I was told the reason they made it a charge off was because I did not pay enough every monh. Meanwhjile this bank I have a different store card through which ahd the same scenerio, and is not a charge off and is actually now in improved accoiutn status…?

    • Lisa Phillips

      July 9, 2015 at 11:31 am

      Well technically the creditor can charge-off the account after 120 to 180 days of non-payment even if you kept them up-to-date. Resuming payments does not necessarily take your account out of charge-off status. The creditor can choose to charge-off based upon the initial 4 missed payments. Making just the minimum payment for 7 months did not address the “missed payments” plus whatever “late fee” you may have incurred.

      It’s really up to the creditor whether they choose to charge-off your account. You might want to call them and request they put you in a hardship repayment program or if you have some extra cash now, see what you can do to get the account out of charge-off status. When you contact them try to talk to someone in management. They can often offer alternatives reps answering the phones cannot. You want to avoid a charge-off like the plague.

  9. Michelle

    December 20, 2011 at 3:07 am

    I was laid off in 2008 and got behind on my credit card bills. When I started working again they told me I had to have it paid off the balance in 1-3 payment or they would do a charge off. Of course I didn’t have that kind of money so they got charged off. Most of them were charged off in april 2009. Some were a little later. I just looked at my credit score and it is a mile long. The companys sold my debt so many times. The ones that were sold are new, they have a 2011 date through the third party. They all say that they are closed but all most all of them have a balance due and a past due balance. Can I do anything or sould I just let the time run out. I’m still not in a postion to pay the debt off.

  10. Tanesha Gregory

    August 1, 2011 at 3:24 pm

    Well, my concerns are layered. I leased a vehicle with a major car company. I paid on time each month. I turned my car in with a zero balance (in terms of monthly payments). The month after I returned my vehicle I got a final account statement via mail indicating that I had a balance of $1,300 for mileage. Fine, I write them a letter saying I couldn’t pay the full amount at once, but I did want to make payment arrangements. I also included a payment with my letter. Small payments were made each month and by the fourth month the account was paid off. Please keep in mind the the original creditor AND their collection agency were contacting me at the same time. The small payments were rendered to the original company and the final payment was rendered to the Collection agency. Recently, I reviewed my credit report and noticed they listed my account as a charge off. The high credit amount was wrong (I’m not really sure what that is) but if my lease was paid off and the mileage is calculated seperately isn’t the 1300 the high amount? The first date of delinquency is listed as the date of my initial account settlement letter. Do I have a fighting chance? Isn’t a charge off when a consumer is making no payments over a period of 180 days. I had the entire matter settled within 120 days. Please advise. Thanks!

  11. rosana senise

    July 23, 2011 at 7:23 pm

    In January 2008, my house was foreclosed on and the house was sold in an auction and the first bank was paid off. I had a 2nd mortgage where I have a charge off of $75,000.00 on my credit report. How can I have this removed from my credit report? Is my only option bankruptcy? Or is there another option I can work on?

    Thank You.
    Rosana Senise

  12. Kelli

    July 19, 2011 at 10:11 pm

    Where can I ask a question? I am curious about a 2nd mortgage charge off with HSBC. Once my ex allowed our former house to go into foreclosure, the 2nd mortgage company never made a demand for payment and when I called to discuss a payment arrangement, the rep stated they cannot legally pursue me for the debt in Georgia, however, isn’t the negative charge off on my report a way of pursuing the debt? I tried to make a payment arrangement that day, but she asked if the house was already foreclosed, and when I responded that it was, she stated they could not pursue me in Georgia. I guess they chose to write it off. One bureau is reporting a high balance and the others are not reporting a high balance. One bureau shows the account as a charge off but not closed. After I disputed the balance, one bureau removed the past due balance. 2 bureaus show it has a past due balance. Can we only dispute the past due balance IF it was sold to a collection agency? Seems like if it was charged off, there would be no past due balance. Again, the company stated they could not pursue collection in Georgia for some reason. I haven’t been able to verify any state rules/laws about that. Maybe it was the instrument I signed. The loan paper I signed did not say anywhere that I was personally liable, only that the house was being used as collateral. Once the house was foreclosed, I guess they couldn’t pursue me personally. Not sure. I never received a demand notice for payment or any further contact from HSBC except the charge off on my credit report. Any advice you can offer?

    • Lisa Phillips

      July 20, 2011 at 2:54 pm

      Your situation is more complex than the average account charge-off because it involves real estate which is a secured debt. You are correct in that a charged off debt should not have a past due balance and it can be disputed; however, in your situation, any success with disputes may be temporary. I strongly doubt the lender is going to be content with simply charging off a HELOC without pursuing you for the debt at some time in the future.

      The best advice I can offer is to contact a real estate attorney in your area, that way you can find out why the lender stated they could not pursue you in Georgia. Perhaps there is some type of moratorium currently in place which is preventing the lender from pursuing you. In any case, I would definitely contact a real estate attorney and preferably one with a background in the Fair Credit Reporting Act.

      Since you mentioned a willingness to pay, you may be in a good position to get that negative mark deleted from your credit reports in exchange for payment arrangements. Again, contact an attorney to see if they can negotiate a settlement. has a listing of attorneys by state which specialize in consumer laws, including debt collection, foreclosures and mortgages. Good luck to you.

  13. DLS

    July 15, 2011 at 1:48 pm

    Thanks for responding. The issue is an old repo and I never received a letter saying how much I owed after they sold the car. So I have no idea what they recovered. Keep in mind, I was almost done paying the car off when it happen. Long story and long time ago… The issue is they charged it off in 2005 and the original amount of the charge off versus what is owed now is about $1500 more. On 2 of out 3 of my reports, it shows my high balance as $3400 and current as $4900. When in reality, my high balance was $13,000 and I had paid $14,085 at the time of possession. I am just not sure how it should be reported since each credit bureau is reporting the numbers differently but they all show a charge-off. BTW, there is no collection agency reporting on this account. I am cleaning up my credit and this is the one thing I am not sure of how to approach. I refuse to pay anymore money to them because of how shady they were when this happened and I more than paid what I owed and I am still paying by have the negative mark on my reports.

    • Lisa Phillips

      July 16, 2011 at 12:08 am

      While there appears to be factual errors you can dispute I think you should legal advice from a consumer law attorney first because you never received a defiency balance. This really concerns me because most states require lenders to follow very specific repossession laws or the lender may not be able to offset the loan deficiency of the car loan and collect from you. Each state has their own repossession laws but most involve consumers receiving proper notice of the loan deficiency. You can read more at car repossessions and credit disputes but I would definitely seek legal advice before disputing because your rights may have been violated. lists consumer law attorneys by state and some specialize on this very subject. Often you can get a free consultation. Good luck to you

  14. DLS

    July 15, 2011 at 5:20 am

    Hello, Lisa

    Does this advice apply to any account that has been charged off or only for revolving accounts?

    • Lisa Phillips

      July 15, 2011 at 1:39 pm

      The accuracy of any type account can be disputed as the FRCA requires only accurate information be reported by the credit bureaus. So if you discover an error or mistake in the information being reported in any type of charged-off account it can be disputed. Just remember, if the disputed information is verified to be accurate the date of last activity on the account may be updated which would make the negative account look more recent. Recent negative activity is more detrimental to your credit scores than older negative information on your credit reports.

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