12-22-2012 06:00 PM
I was on cloud 9 yesterday....my scores had a real nice boost and thought I was on my way. Today I received an alert from score watch and my score dropped 79 points because of a pd loan that caught up with me. I sent in a PDF tonight via email and will get it out in the mail Monday...I have read on here though that not a lot have success with cash call...Hopefully they have the "Christmas spirit" and will give in.
12-23-2012 09:08 AM
Hoping the best for you!
12-23-2012 03:01 PM
Good luck with the PFD offer. However, while waiting, it might be prudent to also address the issue of their reporting.
Did they send dunning notice within 5 days of their reporting?
If not, there may be an FDCPA violation that might affect their feeling of extending you some good will to let it be.
12-23-2012 04:45 PM
I did not receive anything from them...I was actually taken by surprise by it, but it is mine and I do owe it...but could you possibly explain the violation?
12-23-2012 07:10 PM
You should receive a dunning notice within 5 days of the TL showing up. If not, then that is a violation.
12-24-2012 07:22 PM
FDCPA 809(a) requires a debt collector to send formal collection (dunning) notice within 5 days of "initial communication" with a consumer regarding their collection of the debt. It does not specifially mention credit reporting.
While reporting to a CRA is not an actual oral or written communication directly with the consumer, both the courts and the FTC have held that the intent of that provision is to provide prompt notification of collection actibity once they begin active collection so that a consumer can take appropriate action.
Being as reporting to a CRA makes their collection available to others upon pulling your CR and also affects the consumer's credit score, they have interpreted the reporting to a CRA to be an act that triggers the requirement for dunning notification to the consumer.
Absent dunning notice, most consumers dont regualrly pull their credit report, and would thus have submarine collections doing harm to their credit rating without their kowledge.
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