Does this PFD sound ok? /// has anyone ever had good luck with Berks Credit & Collections?

[tangerinze]

To Whom This May Concern:

This letter is to inform you that the validity the above debt, a ______________________ Account, is disputed. I am unsure if this is the account number, as I have never been contacted by your collection agency regarding this account. The account number I have is the one listed on my Equifax credit report, and the last numbers were unlisted.

Your company has been in violation of section 809(a) of the Fair Debt Collection Practices Act. Common knowledge affirms that listing a debt on someone’s credit history is considered to be the “initial contact” with whom you are trying to collect from- this debt was listed on my credit reports in November 2012, and I have yet to receive a dunning notice from Berks Credit and Collections regarding this debt. As I am sure you are aware, they are due within 5 days of initial contact.

In the spirit of compromise I am willing to pay this account IN FULL if you agree to the immediate deletion of this account from my credit histories with the three major CRAs (Equifax, Experian and TransUnion). The purpose of this letter is merely to have this item removed from my credit files. It is not to be interpreted as an acknowledgment of liability for this debt in any form.

Berks Credit and Collections 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 debt with anyone, excluding myself. If contacted by any third party, including credit-reporting agencies, Berks Credit and Collections will not acknowledge that any offer was made, accepted or executed and will, in fact, deny knowledge of any such account.

If you agree to the terms and accept this agreement, certified funds for the amount in full of _________ will be sent to Berks Credit and Collections. As certified funds will be used for payment of this account, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above payment offer and have it signed by an authorized representative of Berks Credit and Collections. Your response must be postmarked no later than 15 days from the date on this letter or this offer will be withdrawn.

Please forward your agreement to the address listed above. 

Sincerely, 

[guiness56]

A PFD is a type of GW.  This letter is too demanding, giving them deadlines that cannot realisticly be kept, telling them who they can and cannot speak with, and telling them they are violating the FDCPA.

I personally would not send this.

A PFD that is a bit nicer and just says what you want, willing to pay for a debt for its deletion.

[Shogun]

I absolutely agree with guiness.  A PFD needs to be made friendly and non-threatening.

[tangerinze]

But they have been in violation. I never knew about this debt until applying for a mortgage. And when I politely offered a PFD over the phone, the lady was a real witch. Debt Collectors are not easy people, so I don't know how a "polite" message would get to them without accepting that this is my debt, and it's not. Really its not, the hospital is currently looking into it, but over $150 I'd rather pay it and have it deleted than wait for the hospital who messed up in the first place and hasn't contacted me in weeks. 

§ 809.  Validation of debts   [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

[llecs]

I'm with the prev. comments. A PFD is a GW for an unpaid debt. Don't combine legalities while asking for a favor. That's what a PFD is...you are asking for a favor from the one reporting to delete in exchange for a payment.

For example, let's say you sit down in a crowded movie theater. A family of 6 comes in and the only way they can fit into this crowded theater is if you and spouse (let's say) move over one seat to the left so that family can squeeze in. If the husband of that family politely asks if you wouldn't mind moving over one seat, then you'd be much more receptive to the request versus that husband demanding you move over one seat all the while telling you that you are selfish for not moving over in the first place. 

Your letter is like that demanding husband. A PFD needs to be polite. Forget about the CA's past or what they said or didn't say to you. Being friendly in that PFD is the only way you'll get them to accept it. 

Now if you have legal issues with them, like a failure to send a dunning as required by the FDCPA, then DON'T offer a PFD. Sue them. Once you sue them they have to prove to you that they mailed you a dunning. Assuming you never moved in that time to where they couldn't find you, and if they cannot prove they mailed the dunning, then you could likely win the case. Who knows? Maybe you could win some $$$.

BTW, looks like you took elements of your PFD from some of the examples in here (and elsewhere). IMO, skip the timed requirements. Most CAs only report 1x/month and a 10-day requirement for deletion may be impossible for some to fulfill. Also, skip the 15-day requirement to respond to the request. Many CAs have a hierarchy of folks that have to sign off on that approval and 15 days is unreasonable. IMO, give them 30 days but don't tell them they have 30 days. Just resend a PFD in 30 days. 

Also remove the ..."or this offer will be withdrawn" bit. If they don't agree are you going to forever stop the PFD tries. I'm about retaining composure and going back to them after saying you withdrew your offer is in bad form. If you offered a 2nd PFD, then you look desparate.

[tangerinze]

better? when I was reading more into them, they said be honest. So, this is my honest story with whats going on. 

Dear Sir or Madam,

The purpose of this writing is inform you that the above debt, an account you have with _______ is disputed. I am not responsible for this debt and ___ is currently looking into how it ended up on my account. I have never been contacted by Berks Credit and Collections regarding this debt, it was only discovered while applying for a mortgage. This letter is absolutely not to be misconstrued as acceptance of the responsibility for this debt, simply- I am unable to get a mortgage with this collection on my credit history; so, in the spirit of compromise I am willing to pay this account in full, for its entire removal from my credit history/ reports with the three major CRAs (Experian, TransUnion, and Equifax) within 30 days of my payment.

This negative mark was listed on my credit in November 2012, during a period of time that I was experiencing a lot of life turmoil.  I was in the process of moving to a new position in my company, and my fiancé was nearing the end of her pregnancy- experiencing complications. That is why my diligence may have lacked in getting this debt sorted out sooner. I do believe that is a very unfair collection practice to list a debt on someone’s credit without sending them a dunning notice within 5 days so that they may dispute it, before it mars their credit reports.

I have taken many steps towards building my credit, and the affect this negative mark has on my credit score is quite atrocious. I hope that you may sympathize with my situation in asking for a pardon from this negative mark. I would be very grateful if this debt could be removed from my credit history upon the account being paid in full.

I must ask that if you agree to my offer, I would like a letter back which states your agreement, signed by an authorized representative of Berks Credit and Collections. When I receive the letter I will gladly pay this account in full ($150) immediately.

I hope that you deeply consider my request, thank you so much for your time.

Sincerely,
___________________________________________________________
should the part about the letter even be in there? i feel like if they reply then they will obvisouly send me a letter. 

[llecs]

---

@Jonesarrr wrote:

better? when I was reading more into them, they said be honest. So, this is my honest story with whats going on. 

Dear Sir or Madam,

The purpose of this writing is inform you that the above debt, an account you have with _______ is disputed. I am not responsible for this debt and ___ is currently looking into how it ended up on my account. I have never been contacted by Berks Credit and Collections regarding this debt, it was only discovered while applying for a mortgage. This letter is absolutely not to be misconstrued as acceptance of the responsibility for this debt, simply- I am unable to get a mortgage with this collection on my credit history; so, in the spirit of compromise I am willing to pay this account in full, for its entire removal from my credit history/ reports with the three major CRAs (Experian, TransUnion, and Equifax) within 30 days of my payment.

This negative mark was listed on my credit in November 2012, during a period of time that I was experiencing a lot of life turmoil.  I was in the process of moving to a new position in my company, and my fiancé was nearing the end of her pregnancy- experiencing complications. That is why my diligence may have lacked in getting this debt sorted out sooner. I do believe that is a very unfair collection practice to list a debt on someone’s credit without sending them a dunning notice within 5 days so that they may dispute it, before it mars their credit reports.

I have taken many steps towards building my credit, and the affect this negative mark has on my credit score is quite atrocious. I hope that you may sympathize with my situation in asking for a pardon from this negative mark. I would be very grateful if this debt could be removed from my credit history upon the account being paid in full.

I must ask that if you agree to my offer, I would like a letter back which states your agreement, signed by an authorized representative of Berks Credit and Collections. When I receive the letter I will gladly pay this account in full ($150) immediately.

I hope that you deeply consider my request, thank you so much for your time.

Sincerely,
___________________________________________________________
should the part about the letter even be in there? i feel like if they reply then they will obvisouly send me a letter. 

---

Using your letter as a base (and not knowing how to program HTML to use the strikethrough feature), I would make the following changes:

1) DELETE in 1st paragraph: "I am not responsible for this debt and ___ is currently looking into how it ended up on my account." I'd remove it because in their own mind they think you are responsible for it. Also, who pays a debt they aren't responsible for? You cannot convince them otherwise on the responsibility of the debt. I would keep the "dispute" mention though.

2) DELETE in 1st paragraph: "This letter is absolutely not to be misconstrued as acceptance of the responsibility for this debt, simply- I am unable to get a mortgage with this collection on my credit history; so" Don't tell them this is a condition for a mortgage; you wouldn't want to reveal that card. However, start the sentence with the rest, "In the spirit of compromise...".

3) DELETE in 2nd paragraph: " I do believe that is a very unfair collection practice to list a debt on someone’s credit without sending them a dunning notice within 5 days so that they may dispute it, before it mars their credit reports.". Separate legalities. If they reject the PFD then you can go after the legalities at that time.

4) DELETE in 3rd paragraph: "I have taken many steps towards building my credit, and the affect this negative mark has on my credit score is quite atrocious.". Be cool hand Luke in your requests (GW and PFD). It's good to own up. It also resonates with the reader because likely he/she went (or is going) through the same as you and can relate. But you don't want to reveal too much. Let him/her form his/her own conclusions as to why a reporting CA is bad. And conversely, maybe they have no clue that a reporting CA is bad.

You're fine on the rest.

[Startome]

It's interesting reading this, because I do the same thing. When my legalities are violated, I realllly get peeved. And I like to make sure the violator knows that. Since working at a bank though I've learned that putting people in the place they deserve is often not effective. To rather make them feel like they're being gracious or doing you a favor can much more often get you what you want/need. Honestly, it's all politics, and politics suck. But we must play them to get what we need, and what you need is a Mortgage. I think the deletions recommended by llecs are good, and your parts about how it is disputed and compromise are very necessary, but subtle enough =)

[tangerinze]

one more thing. I shouldn't tell them that it's being looked into? it really is being looked into, i just want to pay it because in comparison to a house. $150 doesn't make much a difference to have it removed.--- both my insurance company and the health center are looking into how I ended up charged last october $150 for a procedure that happened 3 years ago and should have been fully covered by my insruance 

[RobertEG]

The letter begins with a dispute of the debt.  It thus implies a request for debt verification.  If sending as a PFD negotiation offer, it is contradictory to place a cease collection bar on them, and then ask for response to a debt settlement offer.

If a PFD is the intent, leave out reference to dispute of the debt other than to say that you doht acknowledge it.

Otherwise, it is confusing as to whether it is additionally a DV.