cancel
Showing results for 
Search instead for 
Did you mean: 

How long to keep requesting for PFD

Frequent Contributor

How long to keep requesting for PFD

Hi all,

 

    How long should I keep trying for PDF from SARMA before paying the full amount and do a GW?   I am past the SOL in my state and the amount is only 195.00 but of course would like to pay less if I can.

Message 1 of 15
14 REPLIES
Community Leader
Super Contributor

Re: How long to keep requesting for PFD


cjane1 wrote:

Hi all,

 

    How long should I keep trying for PDF from SARMA before paying the full amount and do a GW?   I am past the SOL in my state and the amount is only 195.00 but of course would like to pay less if I can.


Until they give in, or you give in, or it reaches exclusion date.

Most Recent FICO 8 Scores EX616/TU587/EQ607 01/09/2018 Starting scores 553/485/543 08/25//2017
~~~Credit lines~~~~
SDFCU VISA Secured $250
Discover Secured $200
Message 2 of 15
Valued Contributor

Re: How long to keep requesting for PFD


NormanFH wrote:

cjane1 wrote:

Hi all,

 

    How long should I keep trying for PDF from SARMA before paying the full amount and do a GW?   I am past the SOL in my state and the amount is only 195.00 but of course would like to pay less if I can.


Until they give in, or you give in, or it reaches exclusion date.


Good point Norman, I never thought of it this way. 


Current Scores 3/2016 Equifax 676 Transunion 697 Experian 648 Goal Scores: 720's accross the board. Gardening Goal: 3/2017
Message 3 of 15
Community Leader
Legendary Contributor

Re: How long to keep requesting for PFD

A secondary factor is while the debt remains unpaid, its period of delinquency is continuing to increase.

If they are not continuing to report escalating levels of delinquency, such as a higher monthly derog of 90/120/150/180+ late, then FICO is not viewing the debt as continuing to escalate in "lateness."

 

However, if the creditor is continuing to make monthly updates that show the debt remains unpaid, FICO effectively treats such updates as a contunued extension of the effective delinquency, and the derogs are not decaying in their scoring effect.

Is the creditor continuing to make monthly updates that show continued delinquency?  If so, paying will terminate such updates, and permit the derogs to begin to age.....

Message 4 of 15
New Contributor

Re: How long to keep requesting for PFD

Is the CA ignoring you?  If they are unresponsive, you may be better off.  If so, send your next letter certified / return receipt.  Include in your letter language disputing the debt.

 

If- after sending the certified letter they are still unresponsive, (wait 30 days) then you can send a dispute letter to each of the credit reporting bureaus.  Your letter to the credit bureaus should state that you have disputed the debt with the CA and the CA is unresponsive.  Include copies of the return receipts. 

 

Such a small collection amount, most likley is not worth the time for the CA to spend responding to you.

Message 5 of 15
Frequent Contributor

Re: How long to keep requesting for PFD

I haven't sent anything to them yet, I was thinking of emailing or faxing offering 50% then do a GW. It hasn't updated since 8/2015 and it doesn't come off my report until 11/2018. I am wanting to purchase a home next year so I can't wait that long.  

Message 6 of 15
New Contributor

Re: How long to keep requesting for PFD

Send a validation request letter to the CA via certified USPS snail mail, get a return receipt.  Request in your letter for the CA to give you written validation through the mail. 

 

Do not e-mail or fax. 

 

When you email or fax, you are shortening the effort the CA needs to make in order to validate.  If they choose not to validate or respond in any way (because validating is difficult and time consuming), then (after 30 days) you send copies of your return receipt mailing and copies of your validation request documentation to the bureaus with an explanation letter saying the CA is unresponsive.  The bureaus will most likely then remove the collection from reporting.

 

I have had these results in as little as 45 days.

 

The CA has to make a cost analysis, how much per hour do they have to pay someone to research the validity, type a response, create a file for the hard copies you sent, mail out their response and still anticipate you will need someone’s time after you receive the validation.   Most CA’s do not employ a staff to validate collections.  They employ collectors.  Collectors make way too much money collecting to waste time validating.

 

If you e-mail, fax, or trying to talk over the phone, you will find people trying to collect.  You need to redirect them to validating. When they do not validate in 30 days, you inform the bureaus you are being ignored and therefore want the collection removed (again by certified mail). 

 

This gets the debt off your report.  If you feel the debt is legit, then you should find a way of making it right either with the OC or the CA.  But if you are in a hurry to get it off your reports.  This is the fastest way I know.

Message 7 of 15
Community Leader
Super Contributor

Re: How long to keep requesting for PFD


CaptianJohn wrote:

Send a validation request letter to the CA via certified USPS snail mail, get a return receipt.  Request in your letter for the CA to give you written validation through the mail. 

 

Do not e-mail or fax. 

 

When you email or fax, you are shortening the effort the CA needs to make in order to validate.  If they choose not to validate or respond in any way (because validating is difficult and time consuming), then (after 30 days) you send copies of your return receipt mailing and copies of your validation request documentation to the bureaus with an explanation letter saying the CA is unresponsive.  The bureaus will most likely then remove the collection from reporting.

 

I have had these results in as little as 45 days.

 

The CA has to make a cost analysis, how much per hour do they have to pay someone to research the validity, type a response, create a file for the hard copies you sent, mail out their response and still anticipate you will need someone’s time after you receive the validation.   Most CA’s do not employ a staff to validate collections.  They employ collectors.  Collectors make way too much money collecting to waste time validating.

 

If you e-mail, fax, or trying to talk over the phone, you will find people trying to collect.  You need to redirect them to validating. When they do not validate in 30 days, you inform the bureaus you are being ignored and therefore want the collection removed (again by certified mail). 

 

This gets the debt off your report.  If you feel the debt is legit, then you should find a way of making it right either with the OC or the CA.  But if you are in a hurry to get it off your reports.  This is the fastest way I know.


There is no legal requirement that the CA's provide validation within any time period. Under FDCPA however, YOUR validation request must be considered "timely" - meaning sent within 30 days of receiving the initial dunning notice from the CA - in order to have any force of law behind it. And then it really only forces them to stop collection activity.

Most Recent FICO 8 Scores EX616/TU587/EQ607 01/09/2018 Starting scores 553/485/543 08/25//2017
~~~Credit lines~~~~
SDFCU VISA Secured $250
Discover Secured $200
Message 8 of 15
New Contributor

Re: How long to keep requesting for PFD

Hi NormanFH,

 

Your advice here is legendary and I appreciate all the wisdom you espouse.  I should have been more clear, I was not suggesting anyone wait 30 days due to legal obligation.  It has just been my experience that the Credit bureaus will not consider a removal until after you have contacted the CA and given them 30 days to respond.  I should also mention, that upon removal by the bureaus, I have had more than one collection return and had to repeat the process. However, I did repeat the process, had them removed a second time and they never returned (been over two years now).

Message 9 of 15
Community Leader
Legendary Contributor

Re: How long to keep requesting for PFD

I concur with Norman regarding a DV at this point.

First, it is likely not timely (i.e., not sent within 30 days of dunning notice), and second, even if timely, there is no period for or requriment to provide validation, and lack of validation would not be a basis for any dispute with the CRAs.

 

As for first contacting the debt collector prior to any dispute with the CRA, there is no requirment that a consumer first contact the debt collector and give them 30 days to respond.

A consumer has the option of either filing a dispute directly with the furnisher of the information, or of filing the dispute with the CRA, and letting them forward the dispute to the furnisher for their investigation and response.

 

If you first send a direct dispute to the debt collector, then any later dispute with the CRA can be dismissed as frivolous or irrelevant without any requried reinvestigation by the CRA or the furnisher.  The furnisher already investigated in response to the prior direct dispute, and is not requried to address the dispute again via a CRA.

The implementing regulations for the direct dispute process specifically states that once a prior direct dispute has been investigated, then any subsequent dispute with a CRA can be dismissed.  See 16 CFR 660.4.

Message 10 of 15