I have improved...still need you!!!

Anonymous · ‎09-28-2007

Hello again all:

I truly want to start out by saying a very big thank you for motivating and guiding me to the right path to Good Credit.

Anyway, I am back with a vengeance and need help with a couple interesting issues:

I wrote a letter that is DV and/or PDF - the letter was written on August 7, 2007 and I have received no response from the creditor....the first Q is don't they have 30 days to respond or they forfeit their rights?? and if that is the case, can I now dispute with EQ, Tr and EX to have them removed by providing all three bureaus with a copy of the letter??? by the way the letter ask for a lesser amount to be paid than what is owed - should the CB see that???

Anonymous · ‎09-28-2007

hmmm, by making it a combination DV and PFD, you might have shot yourself in the foot a little, but the experts will know for sure. did you CMRRR?

Anonymous · ‎09-28-2007

yes

Anonymous · ‎09-28-2007

any chance you could paste your letter here so we can see if it can be treated as a DV?

Anonymous · ‎09-28-2007

Okay - Here it is:

August 7, 2007

BCA Financial Services
5805 NW 11th Street, Ste 220
Miami, FL33126

Re: Collection Account for Original Creditor XXXXXXXXX,MD

Account #: 23534783

Amount: $292.00

To Whom It May Concern:

This letter is to inform you that the validity of this debt is disputed. I am not sure of the account number, as I have never heard from you regarding this account. The account number I have is the one listed on my Experian, TransUnion and Equifax credit reports – which omits the last few digits.

In the spirit of compromise, I am willing to pay $200 to settle this account, if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.

If you agree to the terms and accept this agreement, certified funds for the settlement amount of two hundred dollars ($200.00) will be sent to BCA Financial in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

BCA Financial agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, BCA Financial will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.

If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of BCA Financial. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.

Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.

Please address all correspondence regarding this account to:

XXXXXXXXXXXXX

Respectfully Submitted,

XXXXXXXXXXXXXXXXX

Anonymous · ‎09-28-2007

this is not a DV, it is a PFD, so it gives you no basis on which to dispute at this point. your best bet is to send another request i suppose, then if they don't respond, try again but up the amount a little bit. there is no time limit in which they must respond and if the debt is within SOL you run the risk of getting sued, so be careful.

Anonymous · ‎09-28-2007

I have the receipt and see that someone signed for the letter on 8/13/07 - my question still remains...can I now dispute with CRs??

jschaffer · ‎09-28-2007

You can dispute anytime you want to, but they have not violated any 30 day rule.

You sent them a PFD letter. You did not send a DV letter. There is no time limit for them to respond to you in this case. All you can do is keep trying to bargain with them, or dispute, which would totally take you down an entirely different path.

Anonymous · ‎09-28-2007

But what I am saying is that they havent responded at all - So just wait? or write again?