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PFD With Penfed

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Anonymous
Not applicable

PFD With Penfed

Sent off a PFD letter to the lawyer handling my Penfed collection. Normally, he writes back, but he called DW at home. We never gave him our home phone, but we're not unlisted.
 
Offered $1200 of $2500 remaining, consider it PIF, and dismiss the lawsuit. [Court has already moved to remove it from the calendar].
 
Called and said client wanted full amount, and to call him.
 
Called, got a paralegal, "lawyer was on the phone". Started leaving my message, and about the time I said "full payment if the other written terms were agreeable", the lawyer suddenly "became available" to talk.
 
Acted distracted and uninterested, but clearly he was very interested over "full payment". I smiled but refrained from laughing and giggling.
 
I asked whether with full payment would they accept my terms in the letter. Said he'd have to review my letter, and I said, "OK, that's fine, well then I'll ..." He said, "No, I've got it right here." Didn't want me to hang up and give him time to review it. Wanted to talk there and then.
 
Said he doesn't type info into the CRAs, which I listed in my letter, and said to call them and ask. I said I was asking whether his client would consider, with full payment on the debt, to delete all adverse reporting per my letter.
 
Babbled on in a very excited tone--not a calm, composed, lawyerly manner--about how once it's on the credit reports, it's there as a "part of the record". The laughable expression from youth jumped into my head--"This is going on your permanent record."
 
"Offered" that his client could mark it as paid, and that "That's not a block on your credit, well, I'll leave that for you to decide whether it is." I refrained from saying, "Heh dummy, if I PIF, and your client doesn't mark it PIF, then you'll be seeing me in Federal District Court when I sue your client."
 
Said I knew from experience having gotten adverse reporting deleted by creditors when I requested a showing of goodwill, that I knew with certainty that creditors can and do delete information from credit reports on a regular basis.
 
He started backpeddling, "Well, I'm not sure, so I don't know. But call the companies listed." Said I knew with certainty that their online dispute forms contained checkboxes for "Creditor agreed to delete info".
 
Finally conceded he would call his client and ask whether they would delete in exchange for PIF.
 
Man, if I ever became independently wealthy, I'd definitely go back to college and get a degree. If I choose to become a lawyer, I could be one hot snot, consumer lawyer.
 
Message 1 of 12
11 REPLIES 11
Tuscani
Moderator Emeritus

Re: PFD With Penfed

nice!
Message 2 of 12
Jacque383
Regular Contributor

Re: PFD With Penfed

Alright...congratulations....
 
 
Message 3 of 12
sunnyday
Frequent Contributor

Re: PFD With Penfed

I would be your first client!
Message 4 of 12
Anonymous
Not applicable

Re: PFD With Penfed



Noah_Bodie wrote:
 
Man, if I ever became independently wealthy, I'd definitely go back to college and get a degree. If I choose to become a lawyer, I could be one hot snot, consumer lawyer.
 


I'd be waiting for you outside the graduation ceremony with my credit report in handSmiley Very Happy
 
Provided you had already passed the bar of courseSmiley Wink
 
-trini
Message 5 of 12
Anonymous
Not applicable

Re: PFD With Penfed

Looks like they ain't gonna budge. Went back and forth a little on the phone with the lawyer.
"They can't delete."
"Oh yes they can."
 
He was a lot more subdued and less excitable than when I last spoke with him. [DW commented about that as well. "Are you sure he's a lawyer, because he didn't sound like one. He was too nervous."]
 
Told him I knew with certainty they could delete, DW just had a paid collection deleted in the last couple of days, so I knew of what I speak. Went on to say that it sounds like his client is saying they will not delete in exchange for PIF, so it seems then they won't delete.
 
Told him thank you for checking and have a good day. Asked what my plan was before I hung up. Told him I'd keep making payments per our agreement. He said that was acceptable. Well, duh. Please do go ahead and sue me when I've got a signed agreement from you on file with the court. Dipstick.
 
Plotting and scheming my next move. Think I'm done with the lawyer. That's a dry well. Think I'm gonna try faxing a PFD offer to the OC. They might just bounce it back to the lawyer, but worth a shot.
 
Message 6 of 12
Anonymous
Not applicable

Re: PFD With Penfed

You go get 'em. Stupid lawyers.
(Except our dear friend in the forum who is a lawyer, but seems to be intelligent...)


Message Edited by TexMontana on 08-07-2007 03:26 PM
Message 7 of 12
Anonymous
Not applicable

Re: PFD With Penfed



Noah_Bodie wrote:
 
Man, if I ever became independently wealthy, I'd definitely go back to college and get a degree. If I choose to become a lawyer, I could be one hot snot, consumer lawyer.
 


Well seing how you have helped us out I would make a small donation too the Noah_Bodie consumer lawyer fund to get you in college and all the rest of us here will be the founding members of
your annual scholarship fund..
Pitch in guys my credit still stinks....Smiley Very Happy
Message 8 of 12
Anonymous
Not applicable

Re: PFD With Penfed

Talked to Penfed today. No dice on deletion. Guy I spoke with seemed to understand clearly what I was asking as he did NOT give the duh answer of "We can't delete accurate info from credit reports. That's illegal!"
 
He said it was their policy not to delete. Tried reiterating that $200 monthly payments on this collection stretch it well into the middle of next year, and I'm will to PIF now. He seemed to get that as well that it would be PIF and they could be done with me today. No go.
 
Wasn't really that pressed about it to begin with. Most bads (1 AMEX collection, 2 PenFed collections, third PenFed with a single old late) drop by mid 2008, and the mortgage broker DW and I talked to gave us some numbers that are very doable for a home loan based on our MyFico median scores. [The broker seemed impressed with the printout from MyFico showing all 3 FICOs.] Then I figure mid 2008 with bads gone, we should be in the 700 club and can look at a refi for better rates.
 
It's very odd and very counterintuitive. CUs should be the guys willing to work with you when you default and wanna pay 'em back, but many of them seem to have the mentality one would expect out of big banks.
 
On the other hand, AMEX, "the Evil One" (in the mind of some), has been very generous with GW and Oasis. Once DW and I get settled into a house, I plan to PIF my old defaulted AMEX and get back in their good graces.
 
Message 9 of 12
Anonymous
Not applicable

Re: PFD With Penfed

Talked to the mortgage broker today, and I might not have to PIF this Penfed collection in order to get a mortgage loan. They are reporting "Arrangements made with credit grantor to make partial payments". As such, she said it doesn't look like the underwriter will insist it be PIF. And I was about to PIF the darned thing. Ha! Forgot my own advice which I'll revise.
 
NEVER pay a collection or chargeoff unless you get a PFD or you have to pay it. Then only pay it in accordance with the terms of the written agreement and don't pay it off early unless you have to.
 
Message 10 of 12
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