Rhoff73
Ohio,#2General Comment
Mon, October 03, 2011
As a collector they have the right to collect the full amount of the debt. They make money by the spread between what they bought the debt for and what it is settled for by the debtor. A word of advice, they can obtain a court order for the balance. Bottom line is you borrowed the money, just because they wrote it off, does not mean you get off free from payment, per the previous poster they may have just wrote it off and sold it. I would suggest you deal with the debt, they probably bought it for 10 cents on the dollar offer 30 cents on the dollar and be done with it.
Sue Em All
Houston,#3Consumer Comment
Tue, September 20, 2011
I am not an attorney and this is not legal advice - only from my past experiences.
If capital one did charge off your account, one of three things happened....1) they wrote it off as bad debt and took a tax write off 2) they wrote it off, but not as a tax write off, and then sold it or 3) they wrote it off and then sent you a 1099-C.
1) If this happened then they cannot sell your debt . they cannot claim a loss and then try to gain by selling it....illegal as all get out....called "double dipping"....they can get in trouble by IRS and sued you you directly, also sue the debt collector.
2) If this happened and they did indeed sell it, that is there right. However your not indebted to WWR ONLY the bank. Hence they are trying to collect a bad debt and not even theirs. Legally, I believe, they can only collect the amount they paid for the debt...this is what I have been told but not sure....any thing over this amount is graft. You have no responsibility to pay them back.
3) If this happened then the bank is notifying you that they are considering the charged off amount income to you and are claiming this as a loss to them. You will have to pay the tax on the income - this is there way of saying screw you...and let the IRS collect from you, this happened to me. They cannot sell the debt if you receive a 1099-C, if they do then you sue both the bank and the collectors.
hope this helps.