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PFD vs GW letters?

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danikasmom
Regular Contributor

PFD vs GW letters?

Ok, so here is my question...  I recently received a letter from a CA regarding a Bally's account 15 years ago.  It went to a house that I haven't lived in for over 10 years.  Needless to say, it is WAY past the SOL.  In my opinion, I don't feel that I owe this because they never followed through with their end of the contract (equipment, personal trainers etc.).  Should I send a PFD in order to get it off my report or just leave it as is?
 
As far as GW's go, how often should I send them if trying to get a late off of my CR.  I had a 670 score about a month and a half ago, then I got a 30 day late because I space a payment and it went down to 541.  My jaw dropped.  I have just (in the past week) paid off a bunch of my cc debt and am getting that way down, but we want to re-fi our house in a couple of months and can't do it with a score like that!  Any suggestions??
Message 1 of 7
6 REPLIES 6
Junejer
Moderator Emeritus

Re: PFD vs GW letters?

Danikasmom, are you saying that the account went bad 10 years ago and they are reporting it on your credit report now? Send them an ITS letter... like yesterday. They are well past the CRTP. Check your state's SOL. They are violating the FCRA and owe you $1,000 per violation. Start counting the violations and the $.

As far as the GW goes, I would send one ASAP, particularly if you have a good relationship with the creditor. You may have to send several in order to get satisfaction, but don't give up keep trying.






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Message 2 of 7
danikasmom
Regular Contributor

Re: PFD vs GW letters?

Yes, the account went bad actually 15 years ago but they sent a letter to an address that I have not lived in for over 10 years!  The SOL for Washington is 6 years, if I read correctly.  I will look up what an ITS letter is and do it as well as send of GW's.  I will remind them when they call, if they do about the violation.  They have also called my cell phone several times and I have told them that they aren't getting any money from me.  The acct has been sold several times so I don't know how to stop that, or even if I can. 
I must say that I have been learning a lot from this website, just in the last 2 days!!!  Thank you.
Message 3 of 7
Junejer
Moderator Emeritus

Re: PFD vs GW letters?



@danikasmom wrote:
Yes, the account went bad actually 15 years ago but they sent a letter to an address that I have not lived in for over 10 years!  The SOL for Washington is 6 years, if I read correctly.  I will look up what an ITS letter is and do it as well as send of GW's.  I will remind them when they call, if they do about the violation.  They have also called my cell phone several times and I have told them that they aren't getting any money from me.  The acct has been sold several times so I don't know how to stop that, or even if I can. 
I must say that I have been learning a lot from this website, just in the last 2 days!!!  Thank you.



Do not, under any circumstance, talk to them on the phone. You just get your ITS letter out, which will spell out the $1,000 per violation. If they call, tell them not to contact you by phone ever and hang up. Do not remind them about the violation, they should know it. Remind them about it in your letter.

What does it say on your credit report? Specific information...so that we can analyze how they have violated the law. They have likely re-aged the debt. Please provide that information, as well as when you opened the Bally's contract and when it went bad (month and year, if you can remember them).  Smiley Very Happy






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Message 4 of 7
danikasmom
Regular Contributor

Re: PFD vs GW letters?

Ok, so I will have to look up my CR and find it.  I remember the last time that I pulled it, it had been under a few different names.  However, when I looked at it today on TrueCredit, it didn't show up.  So, I don't know what to do in that case???
I have looked all over this site for an ITS letter but cannot find one.  I can find one for just about everything else. 
I haven't got the letter in my hands yet, I have to get it from the lady who owns the house still (I was renting from her back then) but I had her read it to me and it sounded like it had a few different company names on it.  What is that all about and should I send the letter to each of them?
Message 5 of 7
Junejer
Moderator Emeritus

Re: PFD vs GW letters?



@danikasmom wrote:
Ok, so I will have to look up my CR and find it.  I remember the last time that I pulled it, it had been under a few different names.  However, when I looked at it today on TrueCredit, it didn't show up.  So, I don't know what to do in that case???
I have looked all over this site for an ITS letter but cannot find one.  I can find one for just about everything else. 
I haven't got the letter in my hands yet, I have to get it from the lady who owns the house still (I was renting from her back then) but I had her read it to me and it sounded like it had a few different company names on it.  What is that all about and should I send the letter to each of them?



D'sMom:

I searched through my letters and I don't have an ITS letter either. Perhaps someone can come on and post one. I believe that it should be kept pretty simple, but should cite the FCRA laws that are being violated.






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Current Score: 846
Goal Score: 850

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Message 6 of 7
Anonymous
Not applicable

Re: PFD vs GW letters?

I found this on       fair-debt-collection.com
it's a good FYI...........hope it helps someone Smiley Wink
 
Ohio Statutes of Limitation

Written or oral account: 6 years, (O.R.C. §2305.07).

Written contract: 15 years, (O.R.C. §2305.06).

Oral contract: 6 years (O.R.C. §2305.07).

Note payable at a definite time: 6 years, (O.R.C. § 1303 .16(A)); (2)).

Demand note: 6 years after the date on which demand is made or 10 years if no demand is made and neither principal nor interest has been paid over that time (O.R.C. §1303.16(B)).

Dishonored check or draft: 3 years after dishonor, (O.R.C. §1303.16 (C)).

Message 7 of 7
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