PFD before DV

[Anonymous]

Being totally new to this and not knowing the process, I sent out a PFD letter before I sent out a DV letter... should I send a DV letter also?

Also, I've heard that the credit/collection company I'm dealing with will refuse to respond to my letters (this came straight from the collection's manager's mouth), what do I do if that's the case?

Thanks in advance!

[Anonymous]

Just an update- in the Certified PFD letter I sent, I gave them 10 days to respond or I would demand a full debt validation.  The 10 days are up today, so I sent a Certified DV letter and will give them 30 days to respond.  Am I going about this correctly?

[llecs]

Ideally, always send a CA a DV, and wait for their response, before mailing a PFD.

When did they send the dunning letter (if known)? If they sent a dunning inside the past 30 days, then send a DV. If not, then I personally would just wait to see what they say about the PFD. Most creditors will not response to a PFD, but I'd give them a month or so.

IMO, 10 days is unreasonable. I always amended my PFDs to exclude that timed requirement. Per the DV, unless you live in Texas, a CA has forever to respond to a DV, and that's assuming the DV was mailed inside your 30-day requirement set forth by the FDCPA.

[annielorie]

Are they reporting? If they are they have to cease all collection activities until they validate the debt. If no response send them letter #2 with copy of CMRRR and first letter.Then after the alloted time has passed and they dont respond send letter to CRA  for deletion. By law the CA cannot report anything until they validate the debt to yu. 

[RobertEG]

You absolutely did the right thing by sending the PFD prior to sending a DV.

If you DV first, you yourself preclude any response to a PFD due to the cease collection bar imposed by your DV (assuming it is timely).

That is why it is not, in my opinion, a general rule that you should always DV first.  If CR deletion is the primary issue for you, particularly if it must be secured soon, sending a DV puts the brakes on any such negotiations until such time as the debt collector chooses to provide debt verification, and is thus permiited to continue collection activities.

If they wont negotiate a PFD, then the DV will at least keep the debt collector inactive for a time.  And, in the event that they cant or wont verify, they may just ditch the collection and pass the problem on.

[annielorie]

+1

[Anonymous]

UPDATE: The credit company verified the debt- got the letter yesterday.  Now what?  They have refused my PFD offer, so do I pay them now to get them to stop reporting?  I really didn't want to have that on the credit report, however, if they won't accept a PFD for the full amount then I feel I have no other options.  Any advice??

[llecs]

If they verified and you agree, then send a PFD. It might take many PFDs before you get a "yes". I sent well over 100 to Verizon Wireless before they said yes. It's a numbers game. Send a round of PFDs, and wait a month. If they say no then repeat the process.

If you pay it without a PFD, they will still report and your FICO will be no better for it. I'd keep PFDing. And in between each round research this CA. Some CAs never accept PFDs, but some will accept GW requests after paying it. You wouldn't want to launch into paying it without a written guarantee of deletion, just in case they don't delete, but search around to see others' experience with this CA.

[RobertEG]

It appears they have already reported, so I am not sure what you mean by "stop reporting."

Has your state SOL expired on the debt?  If not, then not paying has the potential to end up in legal action.

[Anonymous]

"It appears they have already reported, so I am not sure what you mean by "stop reporting."

Has your state SOL expired on the debt?  If not, then not paying has the potential to end up in legal action."

The SOL has expired.  It is a 6 year old debt that is in collections through Capital One, who continues to report on it every month.  By either paying them off completely without an agreement to delete or agreeing to a PFD they would have to stop reporting it as a new debt.  Ideally I would want them to agree to a PFD to get it off the credit report (however I've read and been told that Cap. 1 does not do PFD's), but if that's not possible, at the very least it would be paid off and they would have to stop reporting on it monthly.  I really don't want to have to wait another year and a half for it to fall off the report, I'd like to just get it taken care of.

I think I will continue to send them PFD offers and see what happens...??