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PFD Sent Today...

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Anonymous
Not applicable

PFD Sent Today...

Today I mailed three PFD's to CA using the sample PFD letter and customizing it of course. I offered 100% on one account (its only $92 so I would rather pay it and see it gone than hassle with the risk of a dispute letter and the CRA) and 40%-50% on the others. I hoping to hear something soon! Smiley Happy
 
I have a credit card that i opened in 2003 that had excellent credit history for 24 months then extreme circumstances caused me to miss several payments and that led to a chargeoff. This account  is currently at $33,500 and still accruing interest, with a chargeoff amount of $18,101. I know that this is hurting my credit the most and would love to get it settled. This account is with Bank Of America.
 
Are there any suggestions as to what I should do with this account ?
Message 1 of 7
6 REPLIES 6
sl
Established Contributor

Re: PFD Sent Today...

Is the card in collections?  If so, call the collection agency and try for a lower amount and PFD.
Message 2 of 7
Anonymous
Not applicable

Re: PFD Sent Today...

I got a letter in the mail from CA that read, " we can not locate any information concerning your account" and we need you to send us your DOB,SSN, old addresses and original account number from original creditor.
Did they just admit they couldn't verify the information? What do I do with this new information(letter)?
Message 3 of 7
Tuscani
Moderator Emeritus

Re: PFD Sent Today...

Don't send them anything! It is their job to prove the debt! Do a Google search for "DV 1 2 punch". Smiley Happy
Message 4 of 7
Anonymous
Not applicable

Re: PFD Sent Today...

Thanks for the advice.
Message 5 of 7
Neblett
Regular Contributor

Re: PFD Sent Today...

Tuscani,

Is this an instance where a "Not My Account" dispute would be successful?
Message 6 of 7
Tuscani
Moderator Emeritus

Re: PFD Sent Today...

Technially the debt is his.. However, the FDCPA stipulates that the CA must validate said debt. Sounds like the CA would not be able to do that if one were to dispute. Obviously there are ethics involved here. Smiley Wink
 
Basic definitions of the FDCPA:

§ 1692 a(3) Definition of a Consumer as any natural person obligated on or allegedly obligated on a debt
§ 1692 a(5) Definition of a Debt as an obligation for money, goods, insurance, or services for primarily personal, family, or household purposes
§ 1692 a(6) Definition of a Debt Collector as collectors, collection agencies, lawyers, forms writers
b –Contacting Third Parties
§ 1692 b(1) Contact of Third Party: Failed to identify themselves, or failed to state that collector is confirming or correcting location information
§ 1692 b(2) Contact of Third Party: Stated that the consumer owes any debt
§ 1692 b(3) Contact of Third Party: Contacted a person more than once, unless requested to do so
§ 1692 b(4) Contact of Third Party: Utilized postcards
§ 1692 b(5) Contact of Third Party: Any language or symbol on any envelope or communication indicating debt collection business
§ 1692 b(6) Contact of Third Party: After knowing the consumer is represented by an attorney
c –Prohibited Communications Practices
§ 1692 c(a)(1) At any unusual time, unusual place, or unusual time or place known to be inconvenient to the consumer, before 8:00 am or after 9:00 pm
§ 1692 c(a)(2) After it knows the consumer to be represented by an attorney unless attorney consents or is unresponsive
§ 1692 c(a)(3) At place of employment when knows that the employer prohibits such communications
§ 1692 c(B) With anyone except consumer, consumer’s attorney, or credit bureau concerning the debt
§ 1692 c© After written notification that consumer refuses to pay debt, or that consumer wants collector to cease communication
d - Harassment or Abuse
§ 1692 d Any conduct the natural consequence of which is to harass, oppress, or abuse any person
§ 1692 d(1) Used or threatened the use of violence or other criminal means to harm the consumer or his/her property?
§ 1692 d(2) Profane language or other abusive language?
§ 1692 d(3) Published a list of consumers who allegedly refuse to pay debts?
§ 1692 d(4) Advertised for sale any debts?
§ 1692 d(5) Caused the phone to ring or engaged any person in telephone conversations repeatedly
§ 1692 d(6) Placed telephone calls without disclosing his/her identity?
e - False or Misleading Representations in Communications
§ 1692 e Any other false, deceptive, or misleading representation or means in connection with the debt collection
§ 1692 e(1) Affiliated with the United States or any state, including the use of any badge, uniform or facsimile
§ 1692 e(2) Character, amount, or legal status of the alleged debt
§ 1692 e(3) Any individual is an attorney or that any communication is from an attorney
§ 1692 e(4) Nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment
§ 1692 e(5) Threaten to take any action that cannot legally be taken or that is not intended to be taken
§ 1692 e(6) Sale or transfer of any interest in the debt will cause the consumer to lose any claim or defense to payment of the debt
§ 1692 e(7) Consumer committed any crime or other conduct in order to disgrace the consumer
§ 1692 e(8) Threatens or communicates false credit information, including the failure to communicate that a debt is disputed
§ 1692 e(9) Represent documents as authorized, issued or approved by any court, official, or agency of the United States or state.
§ 1692 e(10) Any false representation or deceptive means to collect a debt or obtain information about a consumer
§ 1692 e(11) Communication fail to contain the mini-Miranda warning: "This is an attempt to collect a debt… communication is from a debt collector.”
§ 1692 e(12) Debt has been turned over to innocent purchasers for value
§ 1692 e(13) Documents are legal process when they are not
§ 1692 e(14) Any name other than the true name of the debt collector's business
§ 1692 e(15) Documents are not legal process forms or do not require action by the consumer
§ 1692 e(16) Debt collector operates or is employed by a consumer reporting agency
f - Unfair Practices
§ 1692 f Any unfair or unconscionable means to collect or attempt to collect the alleged debt
§ 1692 f(1) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law
§ 1692 f(2) Accepted or solicit postdated check by more than 5 days without 3 business days written notice of intent to deposit
§ 1692 f(3) Accepted or solicited postdated check for purpose of threatening criminal prosecution
§ 1692 f(4) Depositing or threatening to deposit a post-dated check prior to actual date on the check
§ 1692 f(5) Caused any charges to be made to the consumer, e.g., collect telephone calls
§ 1692 f(6) Taken or threatened to unlawfully repossess or disable the consumer's property
§ 1692 f(7) Communicated with the consumer by postcard
§ 1692 f(8) Any language or symbol on the envelope that indicates the communication concerns debt collection
h –Multiple Debts
§ 1692 h Collector must apply payments on multiple debts in order specified by consumer and cannot apply payments to disputed debts
g –30 Day Validation Notice
§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication
§ 1692 g(a)(1) Must state Amount of Debt
§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
§ 1692 g(a)(3) Must state Right to Dispute within 30 Days
§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor

§ 1692 g(B) Collector must cease collection efforts until debt is validated
i –Legal Actions
§ 1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides
j –Deceptive Forms by Creditor
§ 1692 j Forms been designed, compiled and/or furnished to create the false belief that person
Message 7 of 7
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