Established Contributor
bahbahd
Posts: 729
Registered: ‎08-12-2011
Re: Beyond Frustrated!!!
[ Edited ]

adoak wrote:

If the SOL is time bar from CA taking me to court, to sue or to enter a judgment, then obviously the 2 collection agencies have no legal recourse to get me to pay the $6K.  Why would I be motivated to do a PFD?  I refuse to believe my only option is to wait until August 2015 until these 2 collection accounts drop off my credit report.  What else can I do?


Q: "Why would I be motivated to do a PFD?"

 

A: because "my only option is to wait until August 2015 until these 2 collection accounts drop off my credit report"

 

A collection agency does not have to accept a PFD. Once paid, they should reflect Paid $0 balance, but will still remain as derogatory accounts. This is not optimal but might not have prevented you from getting a mortgage. As a side note, these two CA should not be reporting the same debt. Have you explicitly stated that there is multiple reportings of the same account in debt validation letters? I would DV again and highlight their lack of response to first communication attempts, the highlight the multiple reporting again, outline what they have violated in the FDCPA and FCRA, demand that they need to contact the OC a get proof of the debt they are trying to collect, furnish all of that information to you. If they do not, explain to them that you will be reporting them to the FTC and California AG office and may possibly sue for damages incurred while unable to obtain a mortgage. I would be very careful, informed and willing to proceed before I threatened to sue.

 

I would use a better tone than you started this thread off with. I understand you are frustrated, but you are rather incorrect in your possible obligation to this debt.

 

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm