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GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?

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shols44
Frequent Contributor

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?


@llecs wrote:

@mja wrote:

@llecs wrote:

GWs are for paid or current baddies only.

 

PFDs are for unpaid/defaulted baddies only.

 

DV letters are for unpaid CAs only. If they verify and you agree, then that's when you send a PFD.

 

Are any of the unpaid baddies included in the BK?


I may have missed this, so what if I DV and they don't respond what do I do then? Re-dispute? I could not find a forum on what happens next.


You can't DV. And based on what you posted there's nothing to dispute. I'd make the argument to dispute if inaccurate, but it's my understanding that discharged CAs via the BK can still report. They're paid via the BK. Why not try a GW?


I disputed all CA on my reports after my BK discharged. All my orignal creditors were listed and part of mt schedules. At discharge I argued that CAs did not have any collecting authority and had no debts to collect. I argued that since Collection accts on my report were a form of attempting to collect a debt they should be deleted. 

 

All three CRAs agreed with me and presto, 0 collections. Paragon way tried to re-insert but I smack their knee-caps off 2 hrs after it showed up it was gone. 


Starting Score: 501
Current Score: 754 EQ,TU 745,EX 750
Goal Score: 800

Message 11 of 20
llecs
Moderator Emeritus

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?


@shols44 wrote:

@llecs wrote:

@mja wrote:

@llecs wrote:

GWs are for paid or current baddies only.

 

PFDs are for unpaid/defaulted baddies only.

 

DV letters are for unpaid CAs only. If they verify and you agree, then that's when you send a PFD.

 

Are any of the unpaid baddies included in the BK?


I may have missed this, so what if I DV and they don't respond what do I do then? Re-dispute? I could not find a forum on what happens next.


You can't DV. And based on what you posted there's nothing to dispute. I'd make the argument to dispute if inaccurate, but it's my understanding that discharged CAs via the BK can still report. They're paid via the BK. Why not try a GW?


I disputed all CA on my reports after my BK discharged. All my orignal creditors were listed and part of mt schedules. At discharge I argued that CAs did not have any collecting authority and had no debts to collect. I argued that since Collection accts on my report were a form of attempting to collect a debt they should be deleted. 

 

All three CRAs agreed with me and presto, 0 collections. Paragon way tried to re-insert but I smack their knee-caps off 2 hrs after it showed up it was gone. 


I think the difference between you and OP is that the OC owned the debt vs. the CA. In OP's case, the CA owned the debt vs. the OC. 

Message 12 of 20
mja
Valued Member

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?


@llecs wrote:

@shols44 wrote:

@llecs wrote:

@mja wrote:

@llecs wrote:

GWs are for paid or current baddies only.

 

PFDs are for unpaid/defaulted baddies only.

 

DV letters are for unpaid CAs only. If they verify and you agree, then that's when you send a PFD.

 

Are any of the unpaid baddies included in the BK?


I may have missed this, so what if I DV and they don't respond what do I do then? Re-dispute? I could not find a forum on what happens next.


You can't DV. And based on what you posted there's nothing to dispute. I'd make the argument to dispute if inaccurate, but it's my understanding that discharged CAs via the BK can still report. They're paid via the BK. Why not try a GW?


I disputed all CA on my reports after my BK discharged. All my original creditors were listed and part of mt schedules. At discharge I argued that CAs did not have any collecting authority and had no debts to collect. I argued that since Collection accts on my report were a form of attempting to collect a debt they should be deleted. 

 

All three CRAs agreed with me and presto, 0 collections. Paragon way tried to re-insert but I smack their knee-caps off 2 hrs after it showed up it was gone. 


I think the difference between you and OP is that the OC owned the debt vs. the CA. In OP's case, the CA owned the debt vs. the OC. 


You are correct in my case the CA owns the debt but they were discharged as OC debt and CA debt.  So is the suggestion for me to just try GW? Why can't I DV (I think the answer may be obvious but I'm not sure)? I just want to be able to move on.  Also, how do I dispute if TL is more than 7 years from DoFD?

Message 13 of 20
shols44
Frequent Contributor

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?

If it is more than 7 years dispute as obsolete. 


Starting Score: 501
Current Score: 754 EQ,TU 745,EX 750
Goal Score: 800

Message 14 of 20
llecs
Moderator Emeritus

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?

If it's more than 7 yrs from DOFD, then you can certainly dispute as mentioned.

 

DVs are set via the FDCPA. Under Sect. 809, you have 30 days from their initial collection letter by which to send a DV. Past the 30 days, then legally it's ineffective. Also under a DV a CA has an unlimited amount of time to respond, but they can still report (if the DV was sent after 30 days). They don't have to delete. A DV would also put the CA in more of a defensive position (as would a dispute). If you were to send a DV, have it fail, then GW success might be harder to come by. 

 

 

 

 

Message 15 of 20
mja
Valued Member

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?

Thanks for your help! I will give it a try.

Message 16 of 20
mja
Valued Member

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?

Since I am not obligated to pay any of the discharged debts, what would be a good amount to offer for PFD if I need to go that route? (10%, 20%, 50%, etc)?

Message 17 of 20
Scupra
Super Contributor

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?


@mja wrote:

Since I am not obligated to pay any of the discharged debts, what would be a good amount to offer for PFD if I need to go that route? (10%, 20%, 50%, etc)?


This confuses me..

Filed BK7: 7/2012 (start score EQ 560 / TU 529) Discharge 10/2012
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793 EX FICO 04/2022
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Message 18 of 20
mja
Valued Member

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?


@Scupra wrote:

@mja wrote:

Since I am not obligated to pay any of the discharged debts, what would be a good amount to offer for PFD if I need to go that route? (10%, 20%, 50%, etc)?


This confuses me..


I am trying to see how I can have certain TL deleted from my credit report.  Although the TL's show as $0 balance and IIB they still report that it was a collection, as such it is viewed as derogatory and when I have applied for credit, these items "recent collection" were cited as the reason for credit denial and not the BK.  So my question was should I GW, DV or PFD.  It was suggested that I GW and if that does not work then try PFD.  Because the debts have been discharged, I am not obligated to pay (nor do I have the money to PIF) and the creditors can not collect therefore I wanted to know what percentage of the original debt might make the OC or CA accepted a PFD.  I hope that makes it clear.  I appreciate any suggestions.

Message 19 of 20
shols44
Frequent Contributor

Re: GW, DV or PFD After Chapter 7 BK Discharge?? Does this Make Sense?

I sent out a litanny of GW letters a few months after my discharge. I got one to delete-CitiFinancial. All the rest pretty much ignored. Chase pretty much replied "Hahaha-FOAD, we will never delete". Capone called from Eo to say, "sorry we know you were super until **bleep** went south but we will report for 7 years".

 

I will keep trying though.  


Starting Score: 501
Current Score: 754 EQ,TU 745,EX 750
Goal Score: 800

Message 20 of 20
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