topic Re: PFD Backfired in General Credit Topics

PFD Backfired

Anonymous — Thu, 10 May 2007 04:03:18 GMT

I sent a PFD letter to a creditor for a couple of 2003 bad checks that I wrote. They have written back and demanded payment within 30 days for those and two more. Can anyone provide advice on how I should proceed? The letter said they will not delete paid entries or negotiate a settlement. I'm in Washington State. Please help.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 05:11:29 GMT

Check the SOL for your state. If you're past it, I would just ignore their demands, as they have no way of making you do anything and they know it. If not, still ignore it, but watch to make sure they don't try and follow up (most likely if they were going to come after you, they would have done so already).

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 05:21:07 GMT

Personally, I'd hold out a little. They've made it clear they aren't interested in negotiating. They are using the usual scare tactics, knowing statistically some people will just pay out of fear of some type of action, so they'll come out of the gate heavy handed. But unless you bounced some pretty big checks they're not going to sue you. And it's already a derog on your file, paid or not. You may as well keep a bargaining chip in your pocket and try to negotiate later.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 06:50:57 GMT

In Washington, the SOL is 6 years for bad checks. They can get $300 per check.

Did you get a letter from an OC or CA? If it's a CA, they have to be licensed in Washington state. Who's the CA?

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 13:51:03 GMT

I am trying to see if they are licensed in Washington. Though both I and the merchant to whom the checks were allegedly written are in Washington, they are threatening suit under Oregon laws. The cover letter lists four unpaid NSF items, but they have attached individual letters for each of four checks, which do not match the amounts listed on the cover letter. They only reported two items to the CRAs, and those items match none of the items they're claiming I have outstanding. I remember I had a short while when I was bouncing some checks back then, but I don't believe I bounced ten checks in such a short period at one grocery store. Can anyone advise on what to do, other than just waiting it out? If I DV, can I require they provide me a copy of the returned check?

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:23:15 GMT

Sorry, CA is Cascade Collectors, Inc., of Salem, OR.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:28:08 GMT

Have you ever lived in Oregon? Is the merchant in Oregon? Were you at all physically in Oregon when you handed the check to the merchant? If no, no and no, then they are full of it. They would have to sue you in Washington.

Did they actually threaten a lawsuit in the letter they sent? If so, then I think they are in violation right now.

Since you now have something in writing from Cascade, DV them. They might just go FOAD.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:31:16 GMT

FOAD?

I live (and lived) in Washington, and I double checked the address of the store, which is also in Washington. The letters say that "[i]f the total sum of $[varies] is not paid with cash or money order through this office within 30 days from the date of this letter, legal action may be instituted to collect three times the amount of the check(s) as allowed under ORS 30.701." ORS generally refers to Oregon Revised Statutes.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:32:49 GMT

One question on the DV. I've heard that if you don't DV them within 30 days of their initial contact than that it is assumed that they debt is yours and they don't have to DV afterwards. Is this true?

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:34:11 GMT

@Anonymous wrote:
FOAD?

F(ornicate) Off And Die.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:48:03 GMT

LOL! fornicate off and die eh?

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:48:29 GMT

FOAD. Clever. We can hope.

Here's the draft text of my letter to the CA. Please let me know any thoughts.

I am in receipt of your letter dated May 7, 2007, claiming accounts due for alleged NSF checks with [Merchant]. Kindly provide validation – including copies of the alleged dishonored checks – pursuant to the Fair Debt Collection Practices Act. Additionally, your letter threatens that nonpayment may result in legal action to collect the debts allegedly owed and additional fees as authorized by ORS 30.701. The laws of the State of Oregon are not relevant to this matter, as your allege transactions occurring wholly within the state of Washington. The Fair Debt Collection Practices Act makes the use of false or misleading representations with regard to threats of legal action illegal (15 USC 1692e §807(4)) and subject to civil penalties exceeding the amount of the debts alleged. I wonder if you’d perhaps prefer to settle this matter by writing off in full the amounts you allege as due to you and removing all entries permanently from my credit report with regard to these items, in exchange for which actions, I will waive my right to pursue legal remedies under the FDCPA for your misconduct.

I appreciate your kind assistance and look forward to your prompt reply.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 17:52:13 GMT

I would replace " I'm wondering if we could" to I hope we can

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 18:16:57 GMT

Boswd,

It is true that one must DV a CA within 30 days of receiving notice, but it sounds like the OP just received this letter recently. However, I could be reading that into the post.

As for whether they will assume the debt is yours or not, well, people are free to assume all kinds of things. But I would note that the law doesn't support that presumption for the collection of a debt. See § 809(c)

http://www.creditinfocenter.com/legal/FDCPA.shtml#809
The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Re: PFD Backfired

Anonymous — Thu, 10 May 2007 18:20:07 GMT

mattwarner,

See my post on DV. Simple DV letters work best, IMHO.
http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=4328&query.id=1509#M4328