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So I'm helping someone with credit

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Anonymous
Not applicable

So I'm helping someone with credit

Ok. She has collections from multiple places. I sent them an email about her debt to get an email from them to communicate with. Right away they forwarded me a letter with an offer to settle debt for 80%. I was like no, it can be lower. So I sent them a debt verification letter which is this one.

 

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account;

Show me that you are licensed to collect in my state; and

Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the email noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

 

After we sent this letter we got a responce two days laters saying this.

 

 

National Credit Adjusters has investigated the allegation that you have submitted.  We apologize for any inconvenience you may have experienced. 

 

We are in receipt of your written dispute of the above account and have moved the account to a “Cease and Desist / Dispute” status.  All collection efforts have been ceased.  

 

We hope the information provided is helpful. 

 

This communication is from a debt collector attempting to collect a debt.  Any information obtained will be used for that purpose.

 

As far I understand, they have 30 days to provide proof that they own the debt and she has to pay it. If they don't, it's considerend abandoned by them and has to be removed from the credit score. Now if they verify the debt, I can write them a letter saying I'm willing to settle for 15% and it has be to reported to all credit scores as "paid as agreed", which won't take point off her score and will actually increase her score. Is this corret?

 

Message 1 of 11
10 REPLIES 10
myjourney
Super Contributor

Re: So I'm helping someone with credit


@Anonymous wrote:

Ok. She has collections from multiple places. I sent them an email about her debt to get an email from them to communicate with. Right away they forwarded me a letter with an offer to settle debt for 80%. I was like no, it can be lower. So I sent them a debt verification letter which is this one.

 

To Whom It May Concern:

I am sending this letter to you in response to a notice I received from. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account;

Show me that you are licensed to collect in my state; and

Provide me with your license numbers and Registered Agent.

If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the email noted in this letter.

This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

 

After we sent this letter we got a responce two days laters saying this.

 

 

National Credit Adjusters has investigated the allegation that you have submitted.  We apologize for any inconvenience you may have experienced. 

 

We are in receipt of your written dispute of the above account and have moved the account to a “Cease and Desist / Dispute” status.  All collection efforts have been ceased.  

 

We hope the information provided is helpful. 

 

This communication is from a debt collector attempting to collect a debt.  Any information obtained will be used for that purpose.

 

As far I understand, they have 30 days to provide proof that they own the debt and she has to pay it. If they don't, it's considerend abandoned by them and has to be removed from the credit score. Now if they verify the debt, I can write them a letter saying I'm willing to settle for 15% and it has be to reported to all credit scores as "paid as agreed", which won't take point off her score and will actually increase her score. Is this corret?

 


Yes they have 30 days to respond now....

If they verify the debt then offer a PFD 

Note: If you feel comfortable offering 15% that's your right however make sure its for a PFD> They may not accept at 15% and you may have to increase your offer but whatever offer you agree to make sure you have the money then to pay ASAP.

 

Something to note as well .....I noticed you stated pays as agreed .....YMMV but probably not going to happen so stick with getting it removed via PFD

Before you app think...
Have you done your research of the CC?
Does it fit your spending?
Do you have a plan for the bonus w/o going into debt?
Can you afford the AF?
Do you know the cards benefits? Is it worth the HP?
Message 2 of 11
Anonymous
Not applicable

Re: So I'm helping someone with credit


@myjourney wrote:

 

Yes they have 30 days to respond now....

If they verify the debt then offer a PFD 

Note: If you feel comfortable offering 15% that's your right however make sure its for a PFD> They may not accept at 15% and you may have to increase your offer but whatever offer you agree to make sure you have the money then to pay ASAP.

 

Something to note as well .....I noticed you stated pays as agreed .....YMMV but probably not going to happen so stick with getting it removed via PFD


What is a PFD?

Message 3 of 11
H_you
Valued Member

Re: So I'm helping someone with credit

PFD = pay for delete. If they accept, make sure you have all documentation from them stating they will abide by this agreement. It's very hard to go in after the fact to get these deleted

Message 4 of 11
myjourney
Super Contributor

Re: So I'm helping someone with credit


@Anonymous wrote:

@myjourney wrote:

 

Yes they have 30 days to respond now....

If they verify the debt then offer a PFD 

Note: If you feel comfortable offering 15% that's your right however make sure its for a PFD> They may not accept at 15% and you may have to increase your offer but whatever offer you agree to make sure you have the money then to pay ASAP.

 

Something to note as well .....I noticed you stated pays as agreed .....YMMV but probably not going to happen so stick with getting it removed via PFD


What is a PFD?


http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Q-amp-A-Examples-and-PFD-Success-Stories/td-p/2031275

Before you app think...
Have you done your research of the CC?
Does it fit your spending?
Do you have a plan for the bonus w/o going into debt?
Can you afford the AF?
Do you know the cards benefits? Is it worth the HP?
Message 5 of 11
Anonymous
Not applicable

Re: So I'm helping someone with credit

Can someone explain why is PFD that much better then reported as "paid as agreed"?

 

Message 6 of 11
myjourney
Super Contributor

Re: So I'm helping someone with credit


@Anonymous wrote:

Can someone explain why is PFD that much better then reported as "paid as agreed"?

 


A collection account (closed) will not update as >>.paid as agreed by law they can't ....The only way to remove a CO from  CR's is with a PFD= If I pay this amount of money in return you agree to remove the account from my CR's 

Before you app think...
Have you done your research of the CC?
Does it fit your spending?
Do you have a plan for the bonus w/o going into debt?
Can you afford the AF?
Do you know the cards benefits? Is it worth the HP?
Message 7 of 11
H_you
Valued Member

Re: So I'm helping someone with credit

PFD is basically cleansing that baddie from your report. Once it is PFD'd .....gone...

Message 8 of 11
Anonymous
Not applicable

Re: So I'm helping someone with credit

Update, much easier to call them. We sent them letters and they replied with sorry will do and did nothing. Called them and asked for pay for delete they said yes and did delete them on a good word. I did record them, with the following question are you recording me right now? They said , yes and asked if it was ok, I said yes as well. As far as I understand it gives us the ability to record the conversation as well in CA

Message 9 of 11
Imperfectfuture
Super Contributor

Re: So I'm helping someone with credit


@Anonymous wrote:

Update, much easier to call them. We sent them letters and they replied with sorry will do and did nothing. Called them and asked for pay for delete they said yes and did delete them on a good word. I did record them, with the following question are you recording me right now? They said , yes and asked if it was ok, I said yes as well. As far as I understand it gives us the ability to record the conversation as well in CA


Correct.  I actually did all my collection removals via phone, but spent weeks of research prior, so went in quite knowledgable.  If you know what you are talking about, they are more than likely to comply, or take it to the next level with the OC, to prove you do not owe the debt (the OC will then pull the debt from the collection agency).

 

I believe many CA's are starting to see greater light at end of tunnel when agree to PFD.  They get more money, revenues go up, etc.  Right now, we have no reason to pay a collection that updates to paid in full and lowers score.  This is win win for everyone.

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Message 10 of 11
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