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PFD Example Letter

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llecs
Moderator Emeritus

Re: PFD Example Letter



azdebtor wrote:
Thanks, Timothy.

How exactly do I request the Debt Validation - and is that to the CA or the CRB?

DVs go to CAs only.
Message 181 of 471
Anonymous
Not applicable

Re: PFD Example Letter

Thanks llec.

What should I expect will be the outcome of the DV? Does that cause them to determine it really is her (my ex's) responsibility (says individual account responsible) and then the CA would remove it from my credit reports?

I need to get this fixed asap - the 'derogatory note' is starting to proliferate and affect my accounts.

I appreciate the help from you guys - I am learning quite a lot here so thanks a lot!
Message 182 of 471
llecs
Moderator Emeritus

Re: PFD Example Letter



azdebtor wrote:
Thanks llec.

What should I expect will be the outcome of the DV? Does that cause them to determine it really is her (my ex's) responsibility (says individual account responsible) and then the CA would remove it from my credit reports?

I need to get this fixed asap - the 'derogatory note' is starting to proliferate and affect my accounts.

I appreciate the help from you guys - I am learning quite a lot here so thanks a lot!

I bet if you were to post in a new message, you'll have more eyeballs checking and answering your questions.
 
But to throw a quick answer your way, a DV is allowed by a law called the FDCPA. Passed by Congress, you are allowed to challenge a CA by asking them to verify the debt. By that law, all they have to provide is the OC name, address, balance due, and a copy of a judgment if you were ever sued for that debt. The law is also clear that you have to send them a DV within 30 days of their initial collection letter (which is required by them by that law). However, since the CAs don't send a dunning letters CMRRR, they have no proof it was even sent, therefore, it is common practice that you can send a DV at any time. CAs have an unlimited time to respond to a DV (unless you live in TX), but during that time they cannot call, write, or even collect in any other way.
 
With this debt, what kind is it? Did you ever sign an agreement with the OC to make this debt joint? When was DOFD? And are you past SOL?
 
You really don't want to press for a DV if you are inside SOL. Sending a DV will increase collection activity, including the liklihood of being sued for it if inside SOL.
 
If you did send a DV, and they agree 100% that it is not yours, they will delete. Though some CAs are a pain in the butt.
 
Don't send a DV, yet, if this is medical.
Message 183 of 471
Anonymous
Not applicable

Re: PFD Example Letter

llecs,

It is a medical bill (from a hospital) apparently from 10/2004 for my ex wife. She has never received anything on this from the CA as far as she knows (she moved a few times since our divorce was final in 03/2003.

As best as I can tell (I called the CA to ask before I learned better here about the HIPPA process) and they informed me it is hers and it shows the responsibility as Individual. But the CA has reported it to TransUnion and it is showing up now just since August 2008 on my CR and noted that the amount is $281.00 and that it is seriously past due and out for collections.

So it should not even be my debt - (which it is not) but it is on my report and I want to get it off of there. I have disputed it twice through TransUnion to no avail.

What should I do next?

Thanks for your help!
Message 184 of 471
llecs
Moderator Emeritus

Re: PFD Example Letter



azdebtor wrote:
llecs,

It is a medical bill (from a hospital) apparently from 10/2004 for my ex wife. She has never received anything on this from the CA as far as she knows (she moved a few times since our divorce was final in 03/2003.

As best as I can tell (I called the CA to ask before I learned better here about the HIPPA process) and they informed me it is hers and it shows the responsibility as Individual. But the CA has reported it to TransUnion and it is showing up now just since August 2008 on my CR and noted that the amount is $281.00 and that it is seriously past due and out for collections.

So it should not even be my debt - (which it is not) but it is on my report and I want to get it off of there. I have disputed it twice through TransUnion to no avail.

What should I do next?

Thanks for your help!

I'm not too versed on the HIPAA process. If you were to start a new post within this forum you'll get more answers.
Message 185 of 471
SecondWind
Valued Member

Re: PFD Example Letter

Wow, GREAT thread! Can't believe I've read all 185 posts so far... Regarding CA like Northland that have not reported to CRA, does anyone see any drawbacks to OonaMission's suggestion to accept a Northland settlement then sending a GW letter to OC afterwards? It sounds like a good idea to me but maybe I haven't thought it through enough. Thanks.

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Message 186 of 471
Anonymous
Not applicable

Re: PFD Example Letter (new)

I am sitting here with blurry eyes, after having read nearly all the post for this thread and I am really excited about all the help and information i have found here and in some of the other threads. I am trying to get all this sorted out, the pfd, gw,. oc and ca and such and such.. and figure out what to do first, etc.. i did start with what i believe is the pre-hippa to the major 3 cra.and had one respond with 3 deletes.. although i am aware that that does not stop the ca from reporting it again... and also i'm learning something new about this SOl.. anyone have information on how to find that for medical?? from my prior exp. i know i have some from the late 90's that have vanished, i am in SC...
i am a tad overwhelmed with it all, when all of my negatives are medical collections, and it seems the 3 positive accounts i do have are reporting ramdomly on the 3 cra... example: 1 on one, 2 on one, and 2 on another.. none of the 3 cra show all 3 positive.. but thats another issue.. so anyway.. the reason for this post, is a thank you to everyone who is sharing thier experiences, positive and negatives.. and giving the guidance and compassion that i have been finding here...
 
again, thanks for the guidance...
Message 187 of 471
Anonymous
Not applicable

So far I'm 1 for five

I took the advice of the forum and sent out five PFD letters.  One has said no, the other said yes!   I'm waiting to hear from the other three, but I'm grateful for any positive responses. 
Message 188 of 471
Anonymous
Not applicable

Re: PFD Example Letter

So the CA have the authority to delete any and all information regarding the debt on my credit report correct? I know they stick by there word, and say they can only mark it as paid.I honestly think its BS, and I am sending out two PFD's and I will let everyone know how they go.
Message 189 of 471
Anonymous
Not applicable

Re: PFD Example Letter



@lwill023 wrote:
Thanks very much,
 
I used the letter and got the following signed response today:
 
"In response to your letter on the above referenced account we have reviewed or records.  If payment in full of 100.91 is received in our office no later than June 7, 2007 we will notify the credit reporting agencies to remove our entry on the above referenced account from your credit report"
 
I mailed letter off 5/11/07, and received response in mail today 5/26/07, but their address is local to me so I was hoping for a quick response.  Since it was a small amount for a past medical bill I offered full payment, which I will be mailing on Tuesday since Monday is a holiday. Once again thanks.



Do you think this will work with an old telephone bill from 2003? It didn't appear on my credit reports until this past May (after receiving what I thought was a bogus bill from a collection agency). I filed a dispute through My Fico, and they verified it was mine. I asked for a PFD, and they refused, citing my dispute. I will pay this, but should I send the letter to the telephone company? Do I HAVE TO send this to the reporting collection agency?
Message 190 of 471
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