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Valued Member
aDrillsgtswife09
Posts: 76
Registered: ‎01-26-2009
0

Sent a PFD to NCO and got a DV back...

[ Edited ]

So sent a PFD to NCO Financial and today got a DV from edited to remove personal information.

Any thoughts on what to do now? Send another PFD. I did use a PFD form that did say in the biggining that I "dispute this debt"...so this is prolly the result.

 

All those in favor of a super credit score say" ME!"
Valued Contributor
chasmith
Posts: 1,062
Registered: ‎05-26-2010
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Re: Sent a PFD to NCO and got a DV back...

[ Edited ]

I usually say "I deny I owe this alleged debt", not "I dispute this debt".  What you're doing is simply making sure an offer to pay cannot be used to restart the SOL, in any other way as an admission that you owe the c laimed debt.

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
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Valued Member
aDrillsgtswife09
Posts: 76
Registered: ‎01-26-2009
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Re: Sent a PFD to NCO and got a DV back...

ooooo. gotcha. the debt is for 212.00 utility bill. Maybe send another PFD??

All those in favor of a super credit score say" ME!"
Moderator Emeritus
MarineVietVet
Posts: 14,577
Registered: ‎07-14-2009
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Re: Sent a PFD to NCO and got a DV back...

[ Edited ]

 


aDrillsgtswife09 wrote:

So sent a PFD to NCO Financial and today got a DV from edited

Any thoughts on what to do now? Send another PFD. I did use a PFD form that did say in the biggining that I "dispute this debt"...so this is prolly the result.

 


 

Had you ever sent NCO a DV before the PFD? (Goodness look at all those acronyms!!)

 

But I'm also confused a bit. In the PFD you told them you disputed this debt but also offered them money to delete? I'm not sure if you can have it both ways.

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Moderator Emeritus
MarineVietVet
Posts: 14,577
Registered: ‎07-14-2009
0

Re: Sent a PFD to NCO and got a DV back...

 


chasmith wrote:

I usually say "I deny I owe this alleged debt", not "I dispute this debt".  What you're doing is simply making sure an offer to pay cannot be used to restart the SOL, in any other way as an admission that you owe the c laimed debt.


 

The same thing goes for this. How can you deny you owe a debt and then offer a PFD?

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

 

 

 

Valued Contributor
chasmith
Posts: 1,062
Registered: ‎05-26-2010
0

Re: Sent a PFD to NCO and got a DV back...

Easy,

 

"I deny I owe this debt, but in order to dispose of the issue I am willing to pay $X for a general release and removal of all credit reporting".   You don't want to restart the Statute of Limitations (for example), or have your PFD letter used in court to say "see, the defendant admitted they owe the debt", so you deny (instead of affirming).   Lawyers write this all the time "I deny the plaintiff's allegation and leave them to their proof". 

BK7 Filed 8/11/2009 Discharged 11/23/2009. Purchased new home 4/11/2012
Starting Score:11/16/2009 EQ 566 11/16/2009 TU 538
Interim Score: 12/27/2012 EQ 683 09/17/2012 EX (lender) 670 1/01/2013 TU 701
Current Score: 11/06/2013 EQ 708 11/06/2013 EX 702 11/16/2013 702 11/06/2013 TU 729
Goal Score: EQ 740 EX 740 TU 740
Take the FICO Fitness Challenge
Moderator Emeritus
MarineVietVet
Posts: 14,577
Registered: ‎07-14-2009
0

Re: Sent a PFD to NCO and got a DV back...

 


chasmith wrote:

Easy,

 

"I deny I owe this debt, but in order to dispose of the issue I am willing to pay $X for a general release and removal of all credit reporting".   You don't want to restart the Statute of Limitations (for example), or have your PFD letter used in court to say "see, the defendant admitted they owe the debt", so you deny (instead of affirming).   Lawyers write this all the time "I deny the plaintiff's allegation and leave them to their proof". 


 

I completely understand the legalese involved in all this but for me it's something I would never do and I'll try to clarify what I mean. If I know I owe a debt I will not then deny I owe that same debt just to satisfy a lawyer somewhere. To me that's lying and that's not in my nature. If someone else thinks differently then I'm not one to say they are wrong.

 

But that's just me. Old school I guess. And only one man's opinion. :smileyhappy:

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

 

 

Valued Member
aDrillsgtswife09
Posts: 76
Registered: ‎01-26-2009
0

Re: Sent a PFD to NCO and got a DV back...

[ Edited ]

no I had not DV them prior. I used a PFD example I found on the myfico forum. I know this one says ER Solutions and I DID NOT send this one to NCO...lol. I just used this same example and replaced ER Solutions with NCO Financial. Here it is:

"To Whom It May Concern:

This letter is to inform you that the validity of this debt is disputed. Account number of so called debt is listed above.

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

If you agree to the terms and accept this agreement, certified funds for the settlement amount of five hundred forty nine dollars ($549.00) will be sent to ER Solutions in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

ER Solutions 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 settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, ER Solutions will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.

If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of ER Solutions. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.

Please address all correspondence regarding this account to:

xxxxxxx

xxxxxx

xxxxx

 

 

This collection is for a old electricity account.($212.00) They replied with a copy of the electricity bill. The letter said:

" We are in receipt of your inquiry to edited dated October 23,2010 regarding above account. In response to your request for validation enclosed is materials we received from the creditor. In addition please be advised that we have contacted the credit bureaus with which we do business and with our request to update our listing of the above referenced account as disputed for the social security number we have listed in our records. NCO Financial cannot effect a change to how any other company or entity may have listed the account on your credit profile.

     Very Truly Yours,

Edited, Legal Compliance Department

As of today and everyother time I have pulled the credit reports its only being listed on TransUnion. Since this has been verified can someone point me in the right direction for another PFD that would be used in this situation? This one and the one  you all see above for ER solutions are the only collections left.

 


All those in favor of a super credit score say" ME!"
Moderator Emeritus
MarineVietVet
Posts: 14,577
Registered: ‎07-14-2009
0

Re: Sent a PFD to NCO and got a DV back...

I just now realized you had used the full name of someone at the CA and so I had to edit that out. Personal information of anyone is not allowed for the safety and security of all. You are welcome to use PM's to exchange that kind of information.

 

I hope you don't think I am singling you out. I believe when I started I did the same thing more than once.  :smileyhappy:

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Mega Contributor
RobertEG
Posts: 18,215
Registered: ‎03-19-2007
0

Re: Sent a PFD to NCO and got a DV back...

There are three basic types of letters you send to a debt collector, with very different purposes.

DV and letters disputing credit reporing are the first two, and a PFD is entirely different.

DV ketters are, legally, disputes, but not of credit reporting.  They are, for debt collection purposes only, a notice "that the debt, or any portion thereof, is disputed...."

FDCPA 809(b).  It is a debt collection practices letter under the FDCPA, and should never be treated by the debt collector as a dispute or prior credit reporting under the FCRA.

Disputes under the FCRA, sections 611(a) or 623(a)(8) are a totally different type of "dispute.'  These involve specfiic disputes of items of information that the party has already reported to your credit file, and thus appear in your credit report.  Rather than disputing the debt as a precursor to requesting debt validation under the FDCPA, you are disputing items of content in your credit report.  YOu could do both a DV letter and a CR dispute under the FCRA.

PFD letters are not disputes of anything.  They are not covered by either the FDCPA or the FCRA.  A PFD is a letter of private contract negotion between you and the debt collector. 

 

To minimize confusion, I would one ot these three introductory statements in letters sent to the CA:

 

"This is a request for debt validation under FDCPA 809(b).  This is not a dispute of credit reporting under FCRA 611(a) or 623(a)(8), and thus requries no reporting of this debt validation request to a credit reporting agency.as a dispute of information in my credit file.".

 

"This is a notice of direct dispute under FCRA 623(a)(8) of information you have reported to a credit reporting agency.  It is not a request fo debt validation under FDCPA 809(b)."

 

"This is an offer for payment of debt asserted by you in exchange for terms set forth below relating to deltion of itmes from my credit file.  This is not a request for debt validation under FDCPA 809(b), or a dispute under FCRA 611(a) or 623(a)(8) of items reported by you to the credit reporing agencies."


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