New Member
mikeg112
Posts: 3
Registered: ‎04-01-2012
Is this a PFD reply, or is it not? Need some help!

Greetings MyFicoians!

      This is my first post, and just wanted to say that this forum is a GOLDMINE of information!   I am very happy with subscribing to the myfico.com service, and am happily working on restoring my credit.   

 

Wanted to ask you guys what you think.  Background on me, BK Chapt 7, discharged 07/2007.  5 years out of BK, and we are starting to make progress in restoring out credit score.  Have a few baddies on my report, one of them that shows up on experian and equifax is from an older medical bill for my daughter for $180.  Sent out two weeks ago a PFD for $150, and got a response letter yesterday.  

 

I'm confused on the terminology.   Can you guys read the response below, and let me know what you think?  

 

Dear Mr. xxxxxxx,

In response to your correspondence received in our office on April 19, 2012. We are
unable to delete the account from your credit report in exchange for payment. However,
we have requested that the account be deleted from your credit report because our
notice was mail returned. We have updated the address on your account and the
balance is still outstanding. Our client has advised our office that they will accept
$150 00 as payment In full. Please note that the statute of limitation has run on the
claim, and we are not attempting to collect this from you.


We have enclosed an Itemized statement for your review.


Sincerely.
Stanislaus Credit Control Service, Inc.

 

So what do you guys think?  Is it a backdoor legal way of them saying that they will delete?  Sounds to me their normal policy is not to PFD, but they will delete out of courtesy on an "address change" terminology.  

 

Also, should I pay with a Money order, with the "PFD" endorsement on the back?  Just want to make sure this gets deleted off my credit report.  

 

Thanks guys for all your help, and you guys ROCK!



Starting Score 03/24/2012: 598 (TU 656 EX 630 EQ 603) 
Current Score 06/06/2012: 682 (TU 739 EX 674 Lender pull 05/21/12 EQ 682) 

Goal Score:
730

Regular Contributor
proudnavymom
Posts: 240
Registered: ‎11-29-2008
Re: Is this a PFD reply, or is it not? Need some help!

mikeg112 wrote:

Greetings MyFicoians!

      This is my first post, and just wanted to say that this forum is a GOLDMINE of information!   I am very happy with subscribing to the myfico.com service, and am happily working on restoring my credit.   

 

Wanted to ask you guys what you think.  Background on me, BK Chapt 7, discharged 07/2007.  5 years out of BK, and we are starting to make progress in restoring out credit score.  Have a few baddies on my report, one of them that shows up on experian and equifax is from an older medical bill for my daughter for $180.  Sent out two weeks ago a PFD for $150, and got a response letter yesterday.  

 

I'm confused on the terminology.   Can you guys read the response below, and let me know what you think?  

 

Dear Mr. xxxxxxx,

In response to your correspondence received in our office on April 19, 2012. We are
unable to delete the account from your credit report in exchange for payment. However,
we have requested that the account be deleted from your credit report because our
notice was mail returned. We have updated the address on your account and the
balance is still outstanding. Our client has advised our office that they will accept
$150 00 as payment In full. Please note that the statute of limitation has run on the
claim, and we are not attempting to collect this from you.


We have enclosed an Itemized statement for your review.


Sincerely.
Stanislaus Credit Control Service, Inc.

 

So what do you guys think?  Is it a backdoor legal way of them saying that they will delete?  Sounds to me their normal policy is not to PFD, but they will delete out of courtesy on an "address change" terminology.  

 

Also, should I pay with a Money order, with the "PFD" endorsement on the back?  Just want to make sure this gets deleted off my credit report.  

 

Thanks guys for all your help, and you guys ROCK!


I could be wrong, and if I am, hopefully someone more knowledgeable will chime in, but it seems to me that they are saying they will delete whether you pay it or not, but if you pay $150 they will consider it paid in full.

Starting Scores TU 7/30/09 FICO 493 EQ 9/5/10 FICO 477 EX 11/14/2011 (lender pull) 575
Current Scores TU 5/31/2014 FICO 671 EQ 7/5/14 FICO 667 EX 5/31/2014 658 FICO
Goal Scores 700 across the board
Mega Contributor
RobertEG
Posts: 17,502
Registered: ‎03-19-2007
Re: Is this a PFD reply, or is it not? Need some help!

I have never seen a letter so useful to a consumer!

 

They admit knowledge that SOL has expired without an effort on your part to even assert it.

They have stated that they are not collecting on the debt.  Yet they ask you to pay.  What double talk.

Then they state they are deleting, but not because of any payment or offer to pay the debt, obviously to avoid any conflct with their credit reporing agreement with the CRAs.

 

To me, it is fairly clear that they are aware of the body of case law that holds a debt collector who has actual knowledge of expiration of SOL to be in violation of the FDCPA should they bring, or even threaten to bring, a legal action that they know cant prevail.  It appears to be a CYA act on their part to eliminate any issue of unfair practices on their part. 

 

I would put that letter in a safe.  They have bailed, but keep their pockets open should you feel a ping of charity.

Frequent Contributor
Familywantsahouse
Posts: 291
Registered: ‎02-25-2012
Re: Is this a PFD reply, or is it not? Need some help!

That's lovely. They will delete. when I began my credit repair journey a little over 2 months ago, I actually sent all PFD's FIRST because I wanted to fastest method of getting these items removed and knew we had several old medical debts hanging out there and didn't feel like trying to figure out which were which and which were valid, etc, etc.

 

In hindsight, after two medical collections deleted themselves after failing to respond to a PFD, but then deleted after a DV was sent...I should have gone that route first. I know the DV isn't "timely" in a lot of cases, but CA's who play fast and loose with their record keeping seem to fold when they know they might be met with a challenge.

2/24 (Lender Pull) EQ 613, TU 553, EX 589
April EQ 633, My Fico TU 638, EX ??
Current EQ 643, TU 652, EX 633 (lender pull 5/11)
Goal (we made it!!)- Over 640 middle by 5/15