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Established Member
bd1980
Posts: 16
Registered: ‎06-14-2012
0

Just tried PFD attempt, no good. What next?

Long story short, I found out that I have an old account that I didn't even know existed from a utility company.  It's only for a $157.00.  Paying it obviously not an issue, I just want it from my credit.  The advice that I read here on the forums (very thankful by the way) is to not pay it then try to fight for the PFD, but to hold out.  I tried speaking with "Ben" about agreeing to a PFD and I would happily pay it but he told me that some companies may do that but they do not.  I told him, well thanks for being so helpful but I guess I would have to speak to my attorney and take it from there. 

So, what is my next step now of dealing with this company?  Any help would be GREATLY appreciated!

The company is

 

I.C. Systems Inc.

444 Highway 96 E

Saint Paul, MN 551272557

(651) 481-6333

 

Thanks!

Senior Contributor
Walt_K
Posts: 3,065
Registered: ‎11-02-2009
0

Re: Just tried PFD attempt, no good. What next?

How old is it?

 

Nothing requires them to accept a PFD.  You can keep asking and see if you get someone else.  I'd send them an offer in writing rather than negotiating it on the phone, because you're going to have to put it in writing in any event. 


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RobertEG
Posts: 18,131
Registered: ‎03-19-2007
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Re: Just tried PFD attempt, no good. What next?

Implying legal action is probably not a step that will foster an atmosphere of good will on their part, which is what a PFD offer requests.

As of yet, I see no issue of any violation on their part that would support legal action.

If you have legitimate grounds to dispute the accuracy of either the debt or their reporting, then the dispute or DV processes are the procedures provided under the FCRA and FDCPA.

 

Also remember that they may be speaking with their own attorneys.  They may have their own options of pursuing a legal judgment on the debt if it is still within SOL.

 

I advise to either dispute or request debt verification (probably now untimely) under the procedures provided by statute if you have unresolved issues.

Whether to hold out for a PFD acceptance is up to you.  If so, I would leave controversy out of your negotiations.

 

 

Established Member
bd1980
Posts: 16
Registered: ‎06-14-2012
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Re: Just tried PFD attempt, no good. What next?

Well, thanks for the replies.  Another case of me where I should've kept my mouth shut.  It states in the report that they recieved it May 2012 but didn't report it till June 2012.  They have never contacted me.  They claim that they tried my old address but who's to know.  Looks like I will just pay them and send in a GW letter and more than likely have them reject it.  It really aggrevates me that this is going to mess up my credit so bad for the next 7 years and me being able to get a mortgage for 157 bucks.  Oh well, live and learn I guess. I'm tired of dealing with this.  I'll just continue to make timely payments on the loan I have and use the card I have to try to boost my score, but I feel that there is only so high I will be able to go with this stupid collection on my record that I didn't even start (my ex did).

Thanks anyway.

Senior Contributor
Walt_K
Posts: 3,065
Registered: ‎11-02-2009
0

Re: Just tried PFD attempt, no good. What next?


bd1980 wrote:

Well, thanks for the replies.  Another case of me where I should've kept my mouth shut.  It states in the report that they recieved it May 2012 but didn't report it till June 2012.  They have never contacted me.  They claim that they tried my old address but who's to know.  Looks like I will just pay them and send in a GW letter and more than likely have them reject it.  It really aggrevates me that this is going to mess up my credit so bad for the next 7 years and me being able to get a mortgage for 157 bucks.  Oh well, live and learn I guess. I'm tired of dealing with this.  I'll just continue to make timely payments on the loan I have and use the card I have to try to boost my score, but I feel that there is only so high I will be able to go with this stupid collection on my record that I didn't even start (my ex did).

Thanks anyway.


I don't want to speak for Robert, but I don't think he was telling you that you can't pursue a PFD arrangement.  He was pointing out that saying you will be speaking with your attorneys is probably not the right way to approach it because it implies that you are going to take some sort of legal action.  This is problematic for at least two reasons (1) based on what you've said thus far, it doesn't appear you have any legal grounds, and (2) perhaps more to the point, you're asking someone to work with you but impliedly threating them.  No one is saying give up on the PFD.  Just leave out the idea that you are going to pursue legal recourse unless of course there is actually some sort of improper reporting or other violation of FCRA/FDCPA.

The other thing Robert is cautioning is that you consider when the SOL runs for this debt.  If you are within the SOL, they could sue you. 

 

The CA may have received it May 2012, but when did the account actually go delinquent? 

 

In any event, I don't think you're likely to get sued over $157 especially if you are offering to pay the debt in full in exchange for deletion.  But you should look into when it went delinquent so you can determine if you are within SOL and so you can determine when this will naturally fall off your report if they won't delete.  I wouldn't give up on the PFD just yet.  Who is the CA by the way?  You can search for the CA on here and see if others have reported any success with that particular CA and PFD requests.


Starting Score: ~500 (12/01/2008)
Current Score: EQ 681 (04/05/13); TU 98 728 (01/06/12), TU 08? 760 (provided by Barclay 1/2/14), TU 04 728 (lender pull 01/12/12); EX 742 (lender pull 01/12/12)
Goal Score: 720


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Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
0

Re: Just tried PFD attempt, no good. What next?

Looks like the CA is I.C. Systems Inc.    Yes, definitely try to send a PFD by mail.  Be nice because as RobertEG said a PFD is a type of GW.  To dispute something, you have to have some grounds.  You just can't dispute because it's there.  Other option of course is to pay it, then attempt a GW for it.  Hope it works out for you.  Good Luck.


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Valued Contributor
AndySoCal
Posts: 1,944
Registered: ‎04-07-2009
0

Re: Just tried PFD attempt, no good. What next?

Have talked with the utility company ? If no call them about the debt and ask them if you wre to pay in full would they pull your account from the collection agency/ 

 

 

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Established Contributor
compassion101
Posts: 631
Registered: ‎06-06-2012
0

Re: Just tried PFD attempt, no good. What next?

I strongly second the notion to keep your communications with the CA to written correspondence

Mega Contributor
RobertEG
Posts: 18,131
Registered: ‎03-19-2007
0

Re: Just tried PFD attempt, no good. What next?

There is apparently a misconception that a creditor can "pull an account for the debt collector," and thus compel deletion of their prior reporting.

A creditor certainly can, at any time, terminate the collection authority given to their debt collector.  That requires the debt collector to close their collection and update the balance authorized to collect to $0.  However, it does not require the debt collector to delete any prior reporting of their collection.  The OC has no control over credit reporting done by another.

Having their collection authority terminated is also most likely not going to put them in a receptive mood of good-will.

 

Advice to never speak to a debt collector is, in my opinion, not necessarily good advice.

Oral negotiations are often more fruitful, and certainly take less time, than back and forth formal communications.  They also permit personal interaction.

PFD offers are contract negotiations.  Just dont make any admissions as to the debt, and oral negotiations could be useful.

Moderator
Shogun
Posts: 12,952
Registered: ‎04-15-2011
0

Re: Just tried PFD attempt, no good. What next?

I agree with Robert on this.  I do like dealing with mail due to the paper but some people have gotten good results on the phone.  I will state what he has said again.  Never admit to them you owe it.  I don't care what they say or how they say it, never, ever admit to it.


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