What do you think I should do now?

[Anonymous]

Hello all! Im new to this forum but I've been browsing around and noticed all the help your doing!

I'm trying to figure out what I should do now.

My bank account was force closed back in December of 06. I was charged 6 overdrafts and basicly refused to pay them because I was pissed. The Bank sent me letters and said if I didnt pay by Feb. 20, 2007 that my account would be forwarded to collections. I waited till the very last minute and then paid with my new Bank with a transfer. They recieved the funds on time and the balance went to 0. A month later I recieved a phone call from ER Solutions claiming I owed the bank and they were the collection agency who bought it. I explained to them that I had paid and I even faxed them a copy of my new banks statement showing the exact date and amount og the payment. She called me back a week later and stated that my fax wasn't enough information and for me to just pay it again and when they figure it out they would refund me. Of course I didn't pay them because I already paid the bank.

My husband got into a big argument with her about 2 weeks after that and we haven't heard from her since. I check my credit report monthly because I'm trying to rebuild my credit. Well in August of 07' ER Solutions pops up as a negative and I immediately disputed them on all 3 reports. They came off right away.

Today 2 months later I recieve a letter from ER Solutions stating:

Enclosed you will find the information which you requested reguarding

the above referenced matter.

Please remit the amount stated above to our address and make reference

to your file number so your account will be credited.

Enclosed in the letter was my old statements from my old bank showing the account in the negative.

But they did not send me the statement of when it was paid.

I also dont know why they sent me this because I never requested anything from them.

I found out earlier todaywhen I was looking at my new banks statements that the old bank refunded my payment a week after I had sent it. So this whole time I'm thinking they got there money and there just messing with me.

Now I know I have to pay this and I will asap, my question is if I send them a letter saying I will pay them but I want to make sure they wont add it back onto my credit reports showing as a collection but paid if that would work. Basicly a PFD letter even though its not on my reports yet.

What do you guys think? Maybe someone here can draft me up a letter for what I need?

Very sorry for the long post but I wanted to give as much info as I could.

Thanks for the help and I really appreciate it.

[Anonymous]

Just tweak this one to fit your situation

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=2659

Omit first p. about credit reports since it isn't on it.

[SmartCookie]

Why did the old bank refund you?  Are they now having the CA collect in error?

[Anonymous]

Well they said the account was force closed, and payment was a day late. It was not late and I have the statements to show the day I sent it and the day they sent it back to me.

I now know I have to pay it, Im just wondering what kind of letter or what could I say so the CA wont add the negative to my credit reports.

[Anonymous]

Ok, I talked to my old Bank today on the phone. I explained the situation to them and they told me to go into the local Bank, talk to the manager, tell them whats going on pay the bill and have the manager call ER Solutions and inform them that the debt has been paid and to stop collections.

She informed me that when I pay them and they talk to ER Solutions that it will stay off my credit report.

I asked her if she could write me a letter stating that and she told me "what letter, there is no letter to be written, just go in and pay it and have the manager call ER solutions, they will take care of it from there".

I really dont know what to do. If I pay the bank and not the collection agency can the CA still report on me, showing a negative but paid?

Or, if I dont pay the Bank and try a PFD to the collection agency Im worried they might ignore it or say no and Ill still end up with a negative.

What should I do???

[Anonymous]

bump

[SmartCookie]

Absolutely no need to deal with the CA in any aspect other than to dispute as 'not mine'.  Paying them will only hurt you.

I was going to suggest going into the local branch and discussing this.  Not sure why they wouldn't take the payment even if they had just closed the account. 

What I think you should do is to call the local branch and find out who the manager is who would handle this.  I would then write a letter reiterating what was said to you by phone and tell them you will be glad to drop by and re-issue your check to them as soon as he/she assures you by letter that upon payment they will have cease all collection activity and have any CA derogs deleted (I would still dispute online). 

Not sure if the bank is also on your CBRs but I would include in the letter that due to the bank error you are also requesting their assurance that any derogs from the bank be corrected and that none further will be reported.