Been disputing my 1099c from Cap one for tax year 2000 on all 3 reports since April. Verified on all 3, then ex chose to show 0 balance with no indication of the 1099c (shows charged off in 1-02, past due 120 days on all 3), today I checked TU and it shows settled for less than full balance. EQ is still reporting the same as it did originally. Is it time to get tougher here? Anyone?
The filing of a 1099C is not a FCRA or FDCPA violation, so I have no idea why you would sue. By filing the 1099C the lender is saying they forgave the debt. Where are yor damages? As far as the CRA entry showing "settled for less than full value", forgiving a debt certainly qualifies. Zero is probably less than you owed them. Your fight is with the IRS, not the credit card company. Hey, sometimes they DIDN'T screw up.
Sorry, I didn't make myself more clear...I am still getting collection letters on this account, and Cap 1 basically told me to ignore the 1099c and pay them 850 dollars!
I have gotten letters from NAFS on June 17 and before that from NCO, and OSI in the last 6 months alone trying to collect on this account tht was suposedly forgiven in the year 2000.
Re: Re: Flyingifr...is it time for an ITS? Unless Cap1 sent youa CORRECTED 1099C showing zero dollars forgiven they are using the IRS to collect from myou (the taxes on the forgiven debt) PLUS trying to collect it themself. There is a lawsuit here but you need to see what happens with the IRS. What year is the 1099C for?
Re: Re: Flyingifr...is it time for an ITS? the tax year 2000. I received it in April of this year. I received a letter from them stating due to a systems error, it was not provided to me or the IRS until this year.
Re: Re: Re: Flyingifr...is it time for an ITS? Then the creditor has forgiven the debt and the CA has nothing to collect. I would send this info to the CA and tell them if you ever hear from them again you will immediately and without notice file a suit for FCRA violation.
Re: Re: Re: Flyingifr...is it time for an ITS? thank you, and can you possibly tell me HOW this should be reporting on my CR's? They are showing charge-off in 4-2002 with a balance of $1800 on EQ.
Re: Re: Re: Re: Flyingifr...is it time for an ITS? Assuming the date and amount is correct, the TL as it is is probably correct. It WAS charged off. That doesn't mean you can't dispute it with the CRA. If the OC doesn't verify it to the CRA in 30 days it is suppoed to come off your CRA file.
Re: Re: Re: Re: Flyingifr...is it time for an ITS? Thats just it, how can an account be charged off in 2002 when a 1099c was issued for 2000!
Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? Good point. Assuming you have the letter saying they issued the 1099C late, sue them for re-aging the account.
Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? I've got the letter!! It came WITH the 1099c!!
Re: Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? That's called a CONFESSION!!!! First, dispute it with the CRA. They CRA will, of course, verify it. Dispute it again, The Cra will, of course, verify it again. THEN sue 'em. You would have given them two chances to correct the CRA TL and they refused. makes the case for "Willful" much stronger. Wllful has the higher damages threshhold.
Re: Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? Thank you so much!! I've been fighting with EX since april, and now they won't even let me dispute it anymore!! Guess it's time for a new tactic!!
Re: Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? I've disputed this thing one more time with the 3 CRA's and the balance keeps going up!! flyingifr, I hope you nail these slugs to the wall!
Re: Re: Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? Doing my best. Summons has been served, answer served, reply served, awaiting our Court date.
Re: Re: Re: Re: Re: Re: Re: Flyingifr...is it time for an ITS? one more bump, I'd really like to file a complaint with the IRS as well, I don't think they take kindly to being duped. If anybody has a place to complain please let me know. TIA.
