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I Think I've Messed Up!

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Anonymous
Not applicable

I Think I've Messed Up!

Smiley Sad
 
I have a charge-off on my credit report for $1136.  It is only being reported (at the moment) by the OC.  A couple of weeks ago, I sent the OC a letter trying to get a PFD.  They replied back with a letter stating that I need to contact them immediately about the referenced account.  The contact info they gave me is actually for a debt collection company named Tate & Kirlin.  Anyone ever had to deal with them?
 
The same day that I got the letter from the OC, I also got a letter from Tate & Kirlin offering me a 75% settlement offer of $852.04.  I really don't wish to pay even that much, as the original debt was only for $300.  Tate & Kirlin has also started to call me, but I haven't answered yet.
 
What would be the best course of action with this account?  It is still in SOL.  The account was charged off 8/2006.  Is showing Recent balance of $1136 as of 8/2007, Date of Status 8/2006, Last Reported 8/2007, first date of delinquency 4/2006, $550 written off, and $150 past due on my credit report.
 
I really appreciate any advice.  Thank you


Message Edited by badlyneedsbettercredit on 03-30-2008 06:25 PM
Message 1 of 12
11 REPLIES 11
Junejer
Moderator Emeritus

Re: I Think I've Messed Up!

Bnbc, hello and welcome to the forums. If you haven't already done so, you should read credit scoring 101, and some of the other "stickied" threads. I would DV Tate & Kirlin. You need to know how the debt went from $300, to $5500+ written off and still you are $150 past due. You really want to deal with the OC if possible. What was the debt for?






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Message 2 of 12
Anonymous
Not applicable

Re: I Think I've Messed Up!

"$5510 written off"
 
Sorry, that was a typo.  $551 is the amount showing up as written off. 
 
When I DV Tate & Kirlin, am I allowed (by law) to ask for records of the original contract and the full payment history?  I paid on the account for several years before I defaulted on it, well over the original $300.  I would love to know just how much I've paid to the original OC.
Message 3 of 12
Junejer
Moderator Emeritus

Re: I Think I've Messed Up!



@Anonymous wrote:
"$5510 written off"
 
Sorry, that was a typo.  $551 is the amount showing up as written off. 
 
When I DV Tate & Kirlin, am I allowed (by law) to ask for records of the original contract and the full payment history?  I paid on the account for several years before I defaulted on it, well over the original $300.  I would love to know just how much I've paid to the original OC.



Whew! Okay, that's better, but still it's a lot more than the original debt.

Yes, you are allowed ot ask for full media validation. You want the CA out of the picture if at all possible, so that you can get to the OC. Is the OC the only one reporting on your CRs? If so, you can send the OC letter as well. That asks for complete account history, payment history, statements, collection attempts, etc.






Starting Score: 469
Current Score: 824
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
Take the myFICO Fitness Challenge
Message 4 of 12
Anonymous
Not applicable

Re: I Think I've Messed Up!

As of right now, the OC is the only one showing on my credit report.  It looks like Tate & Kirlin have not bought the account, but are just collecting for the OC.  When I write to the OC, should I keep it simple and just request the account history, payment history, statements, collection attempts? Or are there statutes I should cite? 
 
If I do get all the requested info from the OC,  what amount should I offer to pay them, the recent balance of $1136, the written off amount of $551, or just a percentage of what they say is owed?  I've already offered to pay $600, and explained to them the reason I felt that was a fair amount to pay (original debt of $300 plus an addition $300 for fees and interest seemed fair to both of us), but apparently, they did not agree with my reasoning.
 
 
I'm sorry for asking so many silly questions, but I'm just scared to mess up worse that I already have.  I really appreciate the advice I've received so far.
Message 5 of 12
Junejer
Moderator Emeritus

Re: I Think I've Messed Up!

Keep it simple. I will post a letter in this thread. Someone posted, Lady Scarlet maybe, a formula that she uses to determine how much to pay, depending upon how old. It seems that maybe I read it about a month ago. Do a search on either Lady Scarlet or "how much to pay a collection agency". My mind's a bit fuzzy about this right now.

Anyway, here is the letter. It's a template, so make the necessary changes to fit your situation most closely.

Company
Address
Address

Date

Re: Acct #xxxxxxxxxxxxxx

To Whom It May Concern:

I recently pulled my credit report from Experian, Equifax and TransUnion and noticed this account was listed on each of my reports as a collection I immediately disputed this information with Experian, Equifax and TransUnion and the results of the investigation came back as "verified".

Since I have disputed the account with the credit bureaus, and you have verified them, I would like to see what sort of records you have for this alleged account. Under the new FACTA laws, you are required to conduct an investigation on this account, and I am now requesting it.

In order to clear up this matter, I would like to see:

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

If you don't respond with the results of the investigation (as is required per the FCRA), I will assume you have no documentation and therefore you were negligent in providing the credit bureaus with accurate information. At this point, you would also be in violation of the FCRA merely for not responding within the 30-day period.

Please send all correspondence to:
Name
Address
Address
Sincerely,

DO NOT SIGN......JUST TYPE NAME






Starting Score: 469
Current Score: 824
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
Take the myFICO Fitness Challenge
Message 6 of 12
Anonymous
Not applicable

Re: I Think I've Messed Up!

Is this letter OK to send to the OC?  I know I would need to change the wording a bit to fit my situation.
Message 7 of 12
Junejer
Moderator Emeritus

Re: I Think I've Messed Up!

Yes it is okay to send this. You probably need to adjust the first two paragraphs, but from three on down, you have to know that information.






Starting Score: 469
Current Score: 824
Goal Score: 850
Highest Scores: EQ 850 EX 849 TU 850
Take the myFICO Fitness Challenge
Message 8 of 12
atlastontheroad
Established Contributor

Re: I Think I've Messed Up!

Thanks to all the posters who contribute their experience on this board.  I can't believe what I've learned in the past couple of weeks (I was reading long before I registered).
 
But I think I screwed up.
 
I pulled my CR from TU and EQ on 2/16. 
 
There is a December reporting from Midland.
 
I DV'd them today and referenced the December report in the letter (I was just too enthusiastic) and neglected to tell them that I only knew about it since I found it on my report on 2/16.
 
Will this kill me?
 
Haaaaalllppppp
Ficos 2/17/08: TU 551 EQ 534 EX 587
Ficos 2/12/09 TU 695 EQ 715 EX 715
Fico...4/15/10....drumroll.....EQ 743
Message 9 of 12
Anonymous
Not applicable

Re: I Think I've Messed Up!

Thanks for all of your help.  I mailed a letter to the OC a couple of days ago.  I'll update my post when/if I hear back from them.  Smiley Tongue
Message 10 of 12
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