CA using past as leverage

[monieleazenby]

From my experience thus far I went directly to the Credit Reporting Agency and disputed what I felt wasn't mine, I was successful because once the CB verified the accounts were indeed not mine they were deleted off my Credit Report. Try contacting the actual Credit Agency whom the accounts belong too.

Hope this helped

Monie

[notfancy]

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@orange-n-blue wrote:
We have a phone confereence with CreditRepair.com at 9am cst. I had just started doing everything myself earlier this week ( sending out certified letters, settled one with Portfolio Recovery...). I'm trying to help him and I don't want make things worse. I was gonna try them for 2 months...3 TOPS to see what could be accomplished. I don't know :-(:-(

I wish I had know about myfico months ago.

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Don't. You don't need them. Save your money for your bills.

[notfancy]

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@orange-n-blue wrote:
I'll post the service date and total due.

Feb 2003 - $462.70
May 2001 - $2812.75
Dec 2003 - $137.00


Everything with a ** I agreed to pay in full for a PFD. The debts w/o the asterisk are not being reported. The CA is demanding full payment......we don't have the money to it all. The ** I feel are legit but the other I don't know. Thank you.

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If you feel that any thing is not legitimate, send a DV letter as shown in Guiness's signature. They'd have to validate the debt or delete it.

[RobertEG]

There is no such requirement that they must validate or delete.

If the DV is timely, it invokes a bar against continued collection on the debt until such time as they have provided the requested validation.

They can choose to simply cease active collection until they decide to validate.

If the DV is untimely, meaning they have sent a prior dunning notice, and more than 30 days has expired since dunning notice, then the DV imposes no requirments on the debt collector.

As for linking with other collections, yes, that is permitted, but if you pay anything, the FDCPA permits you to explicitly state which debts any payments are to be applied to.

See FDCPA 810 with respect to multiple debts with the same debt collector.

[orange-n-blue]

Thank you for the breakdown.  If I pay / settle on the debt that is beyond the SOL will that revive that expired debt?

[orange-n-blue]

I'm going to re-word my original PFD letter and this time instead of sending it (regular mail) to the account rep I'm going to send a certified letter to the "Principal" listed on the BBB website.  I'll post what I'm going to send either tonight or on Sunday.

Everyone on this site has been great!  Thank you!!!

[guiness56]

If you just make a payment, yes, it could restart SOL.  If you settle, no, it cannot. 

[orange-n-blue]

Everyone below is my negotiation letter I plan on sending to the owner of the collection agency.  Please provide your honest feedback.  Thank you in advance!!

Dear XXXXXX,

This letter is in response to credit report entries submitted by Collection Services Inc., and a phone conversation with Ms. XXXX on December 27, 2013.  I mailed Ms. XXXX a letter offering to pay in full accounts referenced in the table below with the agreement that Collection Services Inc., agreed to remove any listing or information that Collection Services Inc., may have placed on my credit reports.  After my phone conversation with Ms. XXXX it became apparent that she wanted to negotiate accounts that are beyond the statue of limitations.  I am neither acknowledging nor disputing the accounts on file you’re with your agency and/or the accounts referenced in the table below.   Some of the accounts below are nearing reporting timeline restraints, and I earnestly would like to settle these matters before that happens.  Financially I am only able to address what is referenced below. 

I respectfully submit the offer to pay the accounts referenced below in full, as stated in your billing statement dated December 26, 2013:

Web Reference	Account Number	Amount	Original Creditor
		$216.51	Medical
		$29.14	Medical
		$37.69	Medical
		$298.58	Medical
		$32.10	Medical
		$228.87	Cable Company

The acceptance of the payment will serve as a complete discharge of all monies due, and the Collection Services Inc (CSI) agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier's check. 

Upon payment Collection Services Inc., agrees to remove any listing or information that the Collection Services Inc., may have placed on the XXXXXXX credit files with the credit reporting agencies (Experian, Equifax, and Transunion) within ten (10) calendar days of payment.  Once the above referenced debts are paid Collection Services Inc., agrees to not submit any future correspondence on the consumer’s credit reports that reference the debts listed in the table.

Multiple accounts have the same account number and to avoid confusion please provide separate statements addressing each account referenced in the table above.  Each cashier’s check will reference each separate account individually.

I hope you’ll also agree to not discuss this offer with any third party (except the original creditor(s)).  If you find my offer acceptable, please send me a letter on company letterhead agreeing to these terms, signed by your authorized representative, and subject to the laws of my state. 

Under the Fair Debt Collection Practices Act, I have the right to dispute this alleged debt.  If I do not receive your postmarked response within the next 15 business days, I shall withdraw my offer.

Please forward your agreement to the address listed above.  Thank you for your time.

[guiness56]

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@orange-n-blue wrote:

Everyone below is my negotiation letter I plan on sending to the owner of the collection agency.  Please provide your honest feedback.  Thank you in advance!!

Dear XXXXXX,

This letter is in response to credit report entries submitted by Collection Services Inc., and a phone conversation with Ms. XXXX on December 27, 2013.  I mailed Ms. XXXX a letter offering to pay in full accounts referenced in the table below with the agreement that Collection Services Inc., agreed to remove any listing or information that Collection Services Inc., may have placed on my credit reports.  After my phone conversation with Ms. XXXX it became apparent that she wanted to negotiate accounts that are beyond the statue of limitations.  I am neither acknowledging nor disputing the accounts on file you’re with your agency and/or the accounts referenced in the table below.   Some of the accounts below are nearing reporting timeline restraints, and I earnestly would like to settle these matters before that happens.  Financially I am only able to address what is referenced below. 

I respectfully submit the offer to pay the accounts referenced below in full, as stated in your billing statement dated December 26, 2013:

Web Reference	Account Number	Amount	Original Creditor
		$216.51	Medical
		$29.14	Medical
		$37.69	Medical
		$298.58	Medical
		$32.10	Medical
		$228.87	Cable Company

The acceptance of the payment will serve as a complete discharge of all monies due, and the Collection Services Inc (CSI) agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier's check. 

Upon payment Collection Services Inc., agrees to remove any listing or information that the Collection Services Inc., may have placed on the XXXXXXX credit files with the credit reporting agencies (Experian, Equifax, and Transunion) within ten (10) calendar days of payment.  Once the above referenced debts are paid Collection Services Inc., agrees to not submit any future correspondence on the consumer’s credit reports that reference the debts listed in the table.  You can't give them time limits.

Multiple accounts have the same account number and to avoid confusion please provide separate statements addressing each account referenced in the table above.  Each cashier’s check will reference each separate account individually.

I hope you’ll also agree to not discuss this offer with any third party (except the original creditor(s)).  If you find my offer acceptable, please send me a letter on company letterhead agreeing to these terms, signed by your authorized representative, and subject to the laws of my state.  You cannot tell them who to talk to

Under the Fair Debt Collection Practices Act, I have the right to dispute this alleged debt.  If I do not receive your postmarked response within the next 15 business days, I shall withdraw my offer.  This is a threat and is not wise to include this in a PFD.

Please forward your agreement to the address listed above.  Thank you for your time.

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Overall this is not a good letter to send.  Over the years it has become apparent that more friendly, GW type letters are best for a PFD.

This is more of a demand letter on your part.  They are doing you a favor so I would tone it down.  They may just throw it in the trash and not respond.

[orange-n-blue]

Okay.  I'll tone it down.....dealing with CA is not any easy task.   THANK YOU very much for your input!!!!