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Registered: ‎11-16-2012
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Should I have OC sign PFD and a NDA?

I will be sending a PFD and a NDA. That way I have two avenues of getting the collection off my report.

1. If it doesn't get pulled cause of OC not reporting, I have a letter stating that it was paid for delete.

2. NDA, if CA ask for any information they will not get it. So they won't be able to validate it, and would need to delete it either way.

Issue now is that, on my report the CA is Trojan and they are reporting it, but when I contact them, they say my OC has the debt and I owe them.
Who do I send the PFD and NDA too? I assume my OC since the CA reporting won't take payment.







12/28/13 (Garden Start Date)



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Re: Should I have OC sign PFD and a NDA?


ac921ol wrote:
I will be sending a PFD and a NDA. That way I have two avenues of getting the collection off my report.

1. If it doesn't get pulled cause of OC not reporting, I have a letter stating that it was paid for delete.

2. NDA, if CA ask for any information they will not get it. So they won't be able to validate it, and would need to delete it either way.

Issue now is that, on my report the CA is Trojan and they are reporting it, but when I contact them, they say my OC has the debt and I owe them.
Who do I send the PFD and NDA too? I assume my OC since the CA reporting won't take payment.


I take it NDA = non-disclosure agreement, right? On point number 1, not all OCs report. They don't have to. If you have a PFD letter from the OC and you had paid it, then that's one thing. But don't lie if you never paid on a debt after receiving acceptance of a PFD from the OC.The CA has a record of it anyway because they have an agreement with the OC that the OC must notify the CA if payments are made. The CA can also easily contact the OC to see if you are telling the truth anyway. If I gathered what you are saying and it means lying to the CA, that'll make it 10x harder to get removed too.

 

On #2, if you send a NDA to the OC, the OC doesn't have to agree to that. They don't have to sign your agreement and have free will to submit info to the CA regardless of the NDA. Also, once passed to collections, the OC probably handed them copies of their files anyway which means the CA already has the means to validate a debt. And under the PFD examples in here, the CA doesn't have to validate anything; that's reserved for the DV process.

 

If I had that, and the OC and CA both acknowledged that the OC owns the debt, and the CA only reports, then I'd know for sure that the CA is assigned to collect. I would DV the CA if not done already. If they verified and I agreed, then I would send a PFD to whomever reports the debt, or the CA in this example. I'd try that a couple-few times. If repeated PFDs failed, then I would contact the OC and ask them if I could pay them in exchange for pulling the debt back from the CA. If they agreed, then the CA would delete and you'd satisfy the debt.

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Registered: ‎05-10-2012
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Re: Should I have OC sign PFD and a NDA?


llecs wrote:

ac921ol wrote:
I will be sending a PFD and a NDA. That way I have two avenues of getting the collection off my report.

1. If it doesn't get pulled cause of OC not reporting, I have a letter stating that it was paid for delete.

2. NDA, if CA ask for any information they will not get it. So they won't be able to validate it, and would need to delete it either way.

Issue now is that, on my report the CA is Trojan and they are reporting it, but when I contact them, they say my OC has the debt and I owe them.
Who do I send the PFD and NDA too? I assume my OC since the CA reporting won't take payment.


I take it NDA = non-disclosure agreement, right? On point number 1, not all OCs report. They don't have to. If you have a PFD letter from the OC and you had paid it, then that's one thing. But don't lie if you never paid on a debt after receiving acceptance of a PFD from the OC.The CA has a record of it anyway because they have an agreement with the OC that the OC must notify the CA if payments are made. The CA can also easily contact the OC to see if you are telling the truth anyway. If I gathered what you are saying and it means lying to the CA, that'll make it 10x harder to get removed too.

 

On #2, if you send a NDA to the OC, the OC doesn't have to agree to that. They don't have to sign your agreement and have free will to submit info to the CA regardless of the NDA. Also, once passed to collections, the OC probably handed them copies of their files anyway which means the CA already has the means to validate a debt. And under the PFD examples in here, the CA doesn't have to validate anything; that's reserved for the DV process.

 

If I had that, and the OC and CA both acknowledged that the OC owns the debt, and the CA only reports, then I'd know for sure that the CA is assigned to collect. I would DV the CA if not done already. If they verified and I agreed, then I would send a PFD to whomever reports the debt, or the CA in this example. I'd try that a couple-few times. If repeated PFDs failed, then I would contact the OC and ask them if I could pay them in exchange for pulling the debt back from the CA. If they agreed, then the CA would delete and you'd satisfy the debt.


+1

 

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Re: Should I have OC sign PFD and a NDA?

The gist here is a couple of things:

 

1 don't lie. Its stupid, makes things worse, and really takes more energy than being on the up-n-up in the long run.

 

2 no one HAS to sign anything with which they do not agree. OC would most like not sign a NDA before, during or even after payment. Why? Because the info isn't damaging to them and they have nothing to very little to gain to agreeing to such terms which in the end cause them MORE work/effort/aggrevation. If you owed them say 10 million dollars, then maybe they would but if you owe like 2k is it REALLY worth it to them to even send it to a lawyer JUST to read it to make sure its on the level? No because that lawyer probably will cost them 1k just to point out the flaws in the contract and then another 2k to write up a new one. (in the end a net loss of 1k JUST to sign a contract).

 

Summary - don't try to work the system - it makes it worse, it makes it more difficult. Yes rebuilding credit is a "game" but honestly there are only a few simple rules and best results come from persistantly playing within the guidlines and not tyring to find a loophole.



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Registered: ‎11-16-2012
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Re: Should I have OC sign PFD and a NDA?

[ Edited ]

Guess there is a misunderstanding.

 

My plan was to pay the OC but before paying in full, I wanted a PFD letter signed, and then Id ask the CA to verify, the reason for the NDA is when the CA verifies, the OC would not be able to discuss the topic anymore.

 

also I'm a little lost here.

If I had that, and the OC and CA both acknowledged that the OC owns the debt, and the CA only reports, then I'd know for sure that the CA is assigned to collect. (when I tried to pay the CA, they would not accept my payment, so not sure what the term 'collect' means)  I would DV the CA if not done already. (I have not done this, not sure how to or where to get a template for the DV (Debt Verify, or Debt Validation)) If they verified and I agreed, then I would send a PFD to whomever reports the debt, or the CA in this example. (Collection agency is reporting it on my CR, but they dont own the debt they say pay the OC) I'd try thaat a couple-few times. If repeated PFDs failed, then I would contact the OC and ask them if I could pay them in exchange for pulling the debt back from the CA. If they agreed, then the CA would delete and you'd satisfy the debt. (Would it be easier to just talk to the OC and tell them I want to awadasdpay in full in exchange for them pulling the debt back from the CA is there a reason I should not go talk to the OC first, and I should send the DV and PFD to the CA first)



12/28/13 (Garden Start Date)



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Re: Should I have OC sign PFD and a NDA?

I just don't see the OC signing the NDA.  Plus the fact that if this all goes south, you can pretty much forget the GW process. 

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Re: Should I have OC sign PFD and a NDA?


ac921ol wrote:

Guess there is a misunderstanding.

 

My plan was to pay the OC but before paying in full, I wanted a PFD letter signed, and then Id ask the CA to verify, the reason for the NDA is when the CA verifies, the OC would not be able to discuss the topic anymore.


no misunderstanding....

 

A NDA is a written contract.

 

If they broke said contract, then whomever was on the other end would be able to come after them for monetary damages due to their breaking the contract.

If you think somoene is just going to blindly sign a NDA you've got another thing coming. IF it would be something they would even consider you better bet that they would be having their lawyer/legal department look at it. But then again it would probably cost MORE money just to sign it then they are actually getting out of the deal and thus not worth it to them to sign anything.

 

I stand by my comment of don't try to work the system and make all these knots and rabbit holes in hopes that you will have found a loophole.

 

Also if your going to pay the OC, it would be a little too late for a PFD. You would have PFD BEFORE you pay, otherwise all you can really do is send a GW...but since they are not reporting they would just throw your letter away.

 

 

Best course of action - Send a PFD to the CA since they are reporting. If they say they can not accept payment then send payment to the OC and ask them to have collection retracted. If it reamins on after, GW the CA.

 

Don't look for loopholes, we've all looked for them before - and unless someone didn't cross their T or do their i; your not going to find something in the contractual aspect unless your talking about ENOUGH money that would make them consider it - and if it WAS enough money, they would have probably already sued you in court by now...

 



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Registered: ‎11-16-2012
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Re: Should I have OC sign PFD and a NDA?

also I'm a little lost here.

If I had that, and the OC and CA both acknowledged that the OC owns the debt, and the CA only reports, then I'd know for sure that the CA is assigned to collect. (when I tried to pay the CA, they would not accept my payment, so not sure what the term 'collect' means)  I would DV the CA if not done already. (I have not done this, not sure how to or where to get a template for the DV (Debt Verify, or Debt Validation)) If they verified and I agreed, then I would send a PFD to whomever reports the debt, or the CA in this example. (Collection agency is reporting it on my CR, but they dont own the debt they say pay the OC) I'd try thaat a couple-few times. If repeated PFDs failed, then I would contact the OC and ask them if I could pay them in exchange for pulling the debt back from the CA. If they agreed, then the CA would delete and you'd satisfy the debt. (Would it be easier to just talk to the OC and tell them I want to awadasdpay in full in exchange for them pulling the debt back from the CA is there a reason I should not go talk to the OC first, and I should send the DV and PFD to the CA first)



12/28/13 (Garden Start Date)



Frequent Contributor
Posts: 357
Registered: ‎11-16-2012
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Re: Should I have OC sign PFD and a NDA?

A NDA is a written contract.

 

If they broke said contract, then whomever was on the other end would be able to come after them for monetary damages due to their breaking the contract.

If you think somoene is just going to blindly sign a NDA you've got another thing coming. IF it would be something they would even consider you better bet that they would be having their lawyer/legal department look at it. But then again it would probably cost MORE money just to sign it then they are actually getting out of the deal and thus not worth it to them to sign anything.

 

I stand by my comment of don't try to work the system and make all these knots and rabbit holes in hopes that you will have found a loophole.

 

Also if your going to pay the OC, it would be a little too late for a PFD. You would have PFD BEFORE you pay, otherwise all you can really do is send a GW...but since they are not reporting they would just throw your letter away.

 

 

Best course of action - Send a PFD to the CA since they are reporting. If they say they can not accept payment then send payment to the OC and ask them to have collection retracted. If it reamins on after, GW the CA.

 

Don't look for loopholes, we've all looked for them before - and unless someone didn't cross their T or do their i; your not going to find something in the contractual aspect unless your talking about ENOUGH money that would make them consider it - and if it WAS enough money, they would have probably already sued you in court by now...

 


Im not looking for loopholes, Im looking to figure out the best way to get this off my record, I havent paid the OC or the CA. I want to PFD its already been on my credit for 2 years and 8months

 



12/28/13 (Garden Start Date)



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Registered: ‎08-04-2007
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Re: Should I have OC sign PFD and a NDA?

[ Edited ]

ac921ol wrote:

also I'm a little lost here.

If I had that, and the OC and CA both acknowledged that the OC owns the debt, and the CA only reports, then I'd know for sure that the CA is assigned to collect. (when I tried to pay the CA, they would not accept my payment, so not sure what the term 'collect' means)  I would DV the CA if not done already. (I have not done this, not sure how to or where to get a template for the DV (Debt Verify, or Debt Validation)) If they verified and I agreed, then I would send a PFD to whomever reports the debt, or the CA in this example. (Collection agency is reporting it on my CR, but they dont own the debt they say pay the OC) I'd try thaat a couple-few times. If repeated PFDs failed, then I would contact the OC and ask them if I could pay them in exchange for pulling the debt back from the CA. If they agreed, then the CA would delete and you'd satisfy the debt. (Would it be easier to just talk to the OC and tell them I want to awadasdpay in full in exchange for them pulling the debt back from the CA is there a reason I should not go talk to the OC first, and I should send the DV and PFD to the CA first)


Every OC-CA agreement differs. Some CAs are allowed to accept money and keep it as they own the debt. Some accept the $$$ and pass it to the OC. And some are purely there for annoyance which is what you have here if they aren't accepting $$$. Chances are they won't accept a PFD if they aren't accepting payments, but certainly worth the shot. Maybe they'll forward the request to the OC and the OC will give a thumbs up if the $$$ is important to them.

 

Even if your 30 days are up per the FDCPA, I'd DV anyway. IME, most CAs went away after receiving a DV, especially when they were assigned the debt (as opposed to purchasing it). If they do disappear, be sure to pay the OC ASAP to avoid a new CA from appearing.

 

I'd still send the DV anyway. You can certainly talk to the OC prior to the PFD to the CA. IMO, nothing wrong with that. The purpose of the PFD is to figure out if they are even open to a PFD agreement and to satisfy the debt if they agree. Not every CA or OC will agree to a PFD. The downside with approaching the OC first is that they'll probably tell you to talk to the CA or if they agree to pull it back, they aren't usually open to giving that in writing they would ask the CA to delete. You wouldn't want to be in a position to pay the OC if they said they'd pull it back only to have the CA report $0. There's a higher level of risk there, but is a better alternative if PFD offers fail.

 


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