topic No such thing as PFD? ??? in Rebuilding Your Credit

No such thing as PFD? ???

Anonymous — Tue, 09 Dec 2008 22:59:50 GMT

Hi,

I am rebuilding my and my husband's credit in hopes of buying a house. I send a PFD letter to a CA that was collecting for a rental company. My husband never lived at the apartment they are collecting for, he co-signed for someone else as far as he recalls. CA called today, confirmed receipt of the letter and said there is no such thing as anyone being able to have a collections account deleted. Their rep. also said that I have been "given bad advice from someone". She stated that my husband's name is the only name and signature on the contract. The person he cosigned for has already been sued by his family for theft for something else. I then asked from them to DV. She offered to fax the paperwork to my place of employment since I don't have a home fax. I'm going to refuse that when I call her back tomorrow and insist that they DV. She did say that they would take an 80% settlement and update the status to paid on his CR.

HELP! Can you PFD or is it a myth as she insists?

History on this account:

CA is National Credit Systems

Date Reported: 02/2008

Date Assigned: 01/2004

Original amount owed: $1,378

Date of first delinquency: 10/2003

Balance Date: 02/2008

Balance owed: $1,378

FYI...SOL in our state is 3 years so we're past that.

Thanks!!!

Re: No such thing as PFD? ???

Anonymous — Tue, 09 Dec 2008 23:03:52 GMT

you can PFD anything...the catch is if the CA will accept it. if they wont, they wont.

i would DV and demand they PROVE that your husband owes it. my guess is, just by what you have said they can't DV so they are trying to stall.

go to this website Budhibbs.com. there you can find anything and everything you ever needed to know on 99% of all collection agencies.

good luck!

Re: No such thing as PFD? ???

Anonymous — Tue, 09 Dec 2008 23:04:11 GMT

There is such a thing as a PFD.

I would send a DV request CMRRR via USPS.

Re: No such thing as PFD? ???

Ned505 — Tue, 09 Dec 2008 23:16:46 GMT

DV with CMRRR.

Since this CA is so far past the SOL, they would probably take $50 and feel sucessful.

To dispel the myth, try sending a PFD letter and offer some minimal sum. See if they bite.

Good luck!

Re: No such thing as PFD? ???

My2cents — Tue, 09 Dec 2008 23:19:52 GMT

Just to reiterate the previous posts, there is such a thing as PFD, I resolved 3 Collection Accounts in this manner. They want you to pay without deleting because they want to really punish your score for defaulting.

However you have leverage now, which is money and the willingness to pay, if they change your credit report.

Remember it is harder to bargain if you dont have leverage.

Fellow forumer My2cents

Re: No such thing as PFD? ???

Ned505 — Tue, 09 Dec 2008 23:26:11 GMT

Echo.

Are they reporting on the account with the CRAs?

Ned,

"Oh what blissful ignorace I enjoyed at 740, recalled the 546"

Re: No such thing as PFD? ???

Anonymous — Tue, 09 Dec 2008 23:27:45 GMT

As per sidewinder and Ned, DV immediately via CMRRR.

Wait for their response, 30 + 5 dd from receipt of your DV, you either have received a response, or check if they updated and deleted from your credit report.

If they can validate, send them a PFD letter, offering 25% of the alleged debt.

If they can't validate, and haven't removed the TL from your CR, send an ITS letter for violation of FDCPA and FCRA.

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 01:55:20 GMT

Hi,

Already submitted PFD with an 80% offer.....they didn't bite. Said that it was impossible to PFD. I asked for DV via phone and the said they would fax it to my workplace...I'm not biting on that one.

I am going to call and let them know to send DV to my home address. Should I also send DV letter?

Also, what if...on a longshot, they can DV. What next?

Thanks,

Kathie

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 01:56:31 GMT

Can they still try to sue even if we've gone past SOL?

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 01:58:29 GMT

Yes..last reported 02/2008. Date assigned 01/2004. Date of first delinquency 10/2003. SOL in my state is 3 years.

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 02:15:20 GMT

Either the rep. does not no what she is talking about or it might be a company policy. If I were you, I would speak with a floor supervisor. If that does not work, try talking or emailing to the chief operating officer. The thing with CA's is its a business. They are the car salesman and you are the customer. They will do whatever it takes (as long its lawful) to get your money. CA's will not refuse your money I will tell you that, especially when were in recession.

Re: No such thing as PFD? ???

ScoreBooster — Wed, 10 Dec 2008 02:20:16 GMT

Based on my own experience, there IS PFD! Been there, done that.

You can even print or stamp some kind of agreement on the check or money order you pay them with that states "..upon acceptance of this payment, you agree to remove all derog. informtion reported etc."

This is also called the "Westcap"-method...(although this method includes payment in FULL).

In some states, they even lose the right to collect if they refuse your check.

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 03:27:20 GMT

You need to request DV in writing.

Yes, they can sue beyond SOL. SOL doesn't prevent them from suing, but it gives you a defense, but only if you appear in court and use it. If they know that you know it is beyond SOL, I doubt they try suing.

Before trying to use a restrictive endorsement, as suggested, check state statutes. Restrictive endorsements are not binding everywhere.

I would just continue PFD'ing. You might always say, "The account is beyond SOL, which prevents you from recovering any monies in court, and once CRTP passes on XX/XX/XXXX, the account will be removed from my CR, paid or not"

If you HAVE to take care of this for a mortgage or something, NEVER let them know this. Right now you have the upper hand, don't give it to them.

Message Edited by sidewinder on 12-09-2008 09:27 PM

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 06:48:17 GMT

raykat,

please listen to people like sidewinder who has the experience and the wisdom for good advise.

Do all your bidding in writing via USPS Mail - first a nice DV letter, then a nice PFD letter.

Take the time to go through the motions, time is on your side - debt past SOL is worth 0 to the CA. If you act in hurry, you provide leverage and value to the CA. The only value of this debt is how valuable it is to you to get rid of it from your reports.

80% offer for a debt out of SOL is far too much in my book. I wouldn't offer more than 25% to start.

good luck!

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 11:30:16 GMT

How does this sound for a nice DV letter? Any suggestions? We're trying to get this company to work with us for a PFD....

This letter hereby notifies you that the validity of this debt is in dispute as mentioned in our phone conversation today. I am attempting to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter.

In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:1. A copy of the alleged original contract or other instrument bearing my signature 2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account 3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter 4. Evidence that your company is registered as a consumer collection agency in the State of North Carolina.Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease & desist all attempts to collect the aforementioned debt. Failure of your company to comply with this request will be a violation of the Fair Debt Collection Practices Act . While I realize your wish to expedite a resolution in this matter, neither I nor my wife may receive personal faxes at our work places. I also wish to have all correspondence regarding this debt occur via mail.

Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This is a request for information only, and is not a statement, election, or waiver of status. I appreciate your cooperation in this matter thus far and hope that we can achieve resolution in this matter.

I look forward to your timely response.

Best regards

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 17:15:29 GMT

bump

Re: No such thing as PFD? ???

Ned505 — Wed, 10 Dec 2008 18:23:38 GMT

I am betting that that this CA won't validate. They won't even try. They will ship off the account to another or it may just go away.

I think they are "taking a shot" in that you would send them money out of fear.

However, you should DV CMRRR. Watch for them to report to CRSs. If they are not serious ablout collecting, they won't bother to report.

If they report, and can't validate. They are breaking the law.

Let us know.

Good luck!

Re: No such thing as PFD? ???

Anonymous — Wed, 10 Dec 2008 19:38:28 GMT

here are my proposed edits:

This letter hereby notifies you that the validity of this alleged debt is in dispute as mentioned in our phone conversation ~~today~~ on insert date.

I am requesting evidence of this alleged debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter.

In accordance with Section 809 of the Fair Debt Collection Practices Act~~, Fair Credit Reporting Act~~ and corresponding case law, please provide me, in writing, the following information:

1. A copy of the alleged original contract or other instrument bearing my signature

2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account 3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter, including full chain of titel on this alleged debt

4. Evidence that your company is registered as a consumer collection agency in the State of North Carolina.

Additionally, until full validation is provided, all representatives of your company, or any affiliated company, must immediately cease ~~& desist~~ all attempts to collect the aforementioned alleged debt.

Failure of your company to cease collection activities, including reporting to Credit Reporting Bureaus, until you properly validate this alleged account, ~~comply with this request~~ will be a violation of the Fair Debt Collection Practices Act Section 809 .

While we both ~~I realize your~~ wish to expedite a resolution in this matter, neither I nor my wife may receive personal faxes or phone calls at our work places. I'm also informing you that ~~wish to~~ ~~have~~ all correspondence regarding this alleged debt occur in writing to my residence as stated below ~~via mail~~.

Your failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This is a request for information only, and is not a statement, election, or waiver of status. I appreciate your cooperation in this matter thus far and hope that we can achieve resolution in this matter.

~~I look forward to your timely response.~~

Best regards

Re: No such thing as PFD? ???

fishbjc — Wed, 10 Dec 2008 22:27:08 GMT

Those twits are going to drop their teeth when they receive that dv letter. They have NO CLUE that you've got the power of the forum behind you. Wish I were a fly on the wall.

Re: No such thing as PFD? ???

fishbjc — Wed, 10 Dec 2008 22:31:28 GMT

STAY OFF THE PHONE. CONTACT THEM VIA MAIL ONLY.