Possession Rights After Charge-Off: A charge-off is primarily an accounting action. It doesn't change the lender's rights to the collateral, in this case, the vehicle. The lender or their assignees may still have the right to repossess the car if the loan agreement allows for it and if state laws permit.
Is a charge-off better than a repossession? While you might get to keep your vehicle if your auto loan is charged off, both charge-offs and repossessions negatively affect your credit history and could impact your ability to qualify for a loan in the future.
Hello,That is a good question. Arguably once the debt is charged off, the holder of the debt has communicated that they are not going to pursue the vehicle or the parts, and consequently you are free to utilize them as you see fit, you just cannot treat it as 'yours'.
So, while yes, a charge-off will lower your credit score, it usually happens only after four to six months of missed payments and consequential credit score reductions. By then, your score might already be in bad shape. Your credit could be damaged for seven years.
You cannot be arrested or go to jail simply for having unpaid debt. In rare cases, if a debt collector sues you to collect on a debt and you don't respond or appear in court, that could lead to arrest.
WHAT IF THE LENDER DOESN'T REPOSSESS YOUR CAR? This means that: You are stuck with it – if the lender doesn't come to pick up the car. You can't sell it – because the lender still has the lien, and selling it would be committing a theft.
Can Charge-Offs Be Removed? Yes, it is possible to get charge-offs removed. This can potentially be achieved by paying the creditor a settlement to delete the charge-off, or by finding an inaccuracy in the details of the debt and raising it with the credit bureau that reported it.
You should pay off charged-off accounts because you are still legally responsible for them. You will still be responsible for paying off charged-off accounts until you have paid them, settled them with the lender, or discharged them through bankruptcy.
Can a Charged Off Loan be Reinstated? Once a loan is charged off, don't count on the loan showing up on the company's books again. Even if you offer to pay it, chances are it's been transferred or sold and the original company no longer has an interest in it.
Negotiating With the Lender
Another option is to give up the vehicle to the lender voluntarily rather than going through the repossession process. The lender may find this option appealing because it avoids the costs of repossession, and it may agree to reduce or eliminate the deficiency balance on the loan.
You will need to ask the lender for the title or a release of its lien on the title to get the clear title in your name. Under CA law, the statute of limitation for most consumer debts arising from written contracts in California expires after four years.
The customer's loan balance is reduced by the ACV, essentially giving them credit for the vehicle return. The remaining balance is written off as a repossession loss. A charge off implies that the vehicle has not been recovered. The customer's entire loan balance is written off as a bad debt.
You may give the vehicle back to the lender. This is called a voluntary repossession. Not only can it save you the repossession fee, the lender may also agree to waive the deficiency balance and not report it as a repossession on your credit report. (Get these promises in writing!)
All charge-offs fall off the credit report after seven years. If you want it removed before that, you can ask for a goodwill adjustment or try negotiating a pay-for-deletion agreement. While neither option is guaranteed, it doesn't hurt to try.
2) What is the 609 loophole? The “609 loophole” is a misconception. Section 609 of the Fair Credit Reporting Act (FCRA) allows consumers to request their credit file information. It does not guarantee the removal of negative items but requires credit bureaus to verify the accuracy of disputed information.
It may be sold to a debt buyer or transferred to a collection agency. You are still legally obligated to pay the debt.
With 35% of your total credit score being calculated on payment history, charge-offs have a significant impact due to showing consecutive missed payments. The more positive payment history you have established, the more damage a late payment can do, sometimes it can lower a score between 50-150 points.
Vehicle Repossession and Sale
The car lies as the collateral in these cases. Vehicle repossession may happen either before or after the car loan charge off depending on several factors.
If your lender can't locate your vehicle to do a "self-help" repossession, they can still sue you for the vehicle. This will involve a small claims case, where the judge will order you to give the car to the lender. You might even be compelled to Court to provide testimony about the location of the vehicle.
They can sue you for the balance you didn't pay for the down payment, but unless it was in the contract they can repossess, the law in CA doesn't allow it. Under California law, a breach of contract occurs when one party fails to fulfill a legal duty the contract created and causes damages for the defendant.
If the charge-off is correct, you can sometimes negotiate a repayment plan. It's rare to have a legitimate charge-off removed from your credit report, but it's possible to request that during negotiations, says Ulzheimer.
Once you have paid off the entire amount, you can ask the credit bureaus to change the account status to: paid in full, balance zero. The account will still show that it was charged-off for seven years, but your credit score will improve and future lenders will look more favorably at your status.
What you can do is contact your original creditor. You can ask them—very politely—what it would take to have the charge-off removed. At the very least, they'll likely ask you to pay back a portion of what you owe. In this situation, some creditors may offer a “Pay for Delete” agreement.