CA Not Responding to PFD Letters

[goldenyears]

I am trying to address everything on my credit that would prevent me from refinancing my home.  I have an outstanding debt being reported by a ca, the original debtor, Chase BP, shows a charge off.  I have sent PFD letters to the ca, the most recent one certified six weeks ago, but they don't respond at all.  I find this odd, since they just dug this post SOL debt up and started sending settlement letters to me prior to my sending the first letter.   

Will being able to show I have made contact and offered to settle this debt help me qualify for a refinance?  I would like to refinance while I know the rates are going to be low, but wonder if I should just wait to refinance until this falls off.  I'm hesitant to call them and have dealt with them exclusively through letters - is that a silly paranoia that I should let go and just give them a call?  I also want to gw Chase BP for repair purposes, but feel it would not be successful with the debt still unpaid to the credit agency.  Both Chase and the CA are due to fall off of my credit report next July, if that is relevant.

[RobertEG]

Acceptance of a PFD is totally optional on the part of any furnisher, as is any obligation to respond.  It is an offer of contract terms that they can decline.

How a potential creditor might view the PFD offer is up to them.  In my opinion, it would not help.

You are acknowleging the obligation for an unpaid, delinquent debt and stating that you wont pay without unrequired concessions being met by the creditor/debt collector.

You can simply just pay if you wish to satisfy the debt.

Additionally, at that point, at least in the view of the potential creditor, even if CR deletion of the reported CO or collection were granted, your informing the potential creditor of your PFD offer necessarily makes them aware of the presence of the prior CO/collection, so CR deletion would not remove their knowledge of that fact.

The purpose of the CR deletion is to shield potential creditors of the fact by simply pulling your CR.  Informing them of the fact yourself makes CR deletion kinda moot as to removing their knowledge of that fact.

[goldenyears]

Thanks for your reply REG!  I was intending to hold the PFD offer information/excuse until a potential lender asked about the debt - assuming it is still on my report when I apply.

The odd thing about this; the CA has stopped contacting me with collection attempts since my first letter.  It's been about nine months since my initial attempt to PFD, I feel like I chased them away.  I guess I can just give them a call so I can get some kind of response or discussion.  

Really, my only resistance to paying in full is that 2/3 of the debt is fees. It was a looong time before I financially recovered enough to start paying off past debts, and each request came with a higher balance due.  I'll do what I have to do to get it off, it's just disappointing not to be able to negotiate, though I understand they have no obligation to do so.

[RobertEG]

If you challenge any fees that they assert are part of the debt, then I suggest you take a look at FDCPA 808(1), which states that it is a violation of the FDCPA for a debt collector to attempt to collect any amount that is not expressly authorized in the original account agreement with the creditor, or otherwise permitted by law.

If your original account agreement did not authorize an amount, including fees or interest, and no provision of your state law authorizes such fees, you can pursue a violation of FDCPA 808(1).  However, to make such an assertion will most likely require you to provide some initial documentation of lack of collectibility on those two grounds.

Dig out your original account agreement as a starting point.....

[goldenyears]

Great information!  I always learn something new here.  Thanks, Robert.  I'll be sure to check out the details.