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Should I have OC sign PFD and a NDA?

Frequent Contributor

Re: Should I have OC sign PFD and a NDA?



IIECS said it better than me (and beat me to it too!)

Current: Eq- 624 Ex - 631 (lender pulled) TU - 661 (lender pulled)
Goal 700+ across all three
Message 11 of 13
Community Leader
Legendary Contributor

Re: Should I have OC sign PFD and a NDA?

If the OC accepts payment, then they have a legal obligation to notify the debt collector that the debt is satisfied.  Period.  They are obligated to inform their agent that the debt is satisfiied, and thus further collection activities on their part are improper under the law.   The OC will not sign an agreement that includes any provision that they cannot comply with other contract and legal obligations.

Any contract agreement in the PFD that includes provisions that are contrary to law would most likely be unenforceable.


If you send a DV to a debt collector, knowing that their is no longer a debt, yet asking them to verify the debt,that is contradictory.  Additionally, they have no obligation to respond to any DV.  Even if timely, which it most likely would not be at this point, it would only invoke a cease collection bar on them.  They could never respond, and lack of response is not basis for compelling any CR deletion.


It looks like a huge game to me.....


Message 12 of 13
Frequent Contributor

Re: Should I have OC sign PFD and a NDA?

Waiting on templates for the DV and PFD letter, but while Im waiting, I was looking and saw that I have a letter from the CA dating to May 23rd 2012 and the Balance there is $637.00, but when I talked to the OC he sent me that email stating the I owe $837.00.


Letter states.

Dear ________


We are writing to you in regard to your account with __________

As of 5/03/10, this unpaid obligiation was reported by our company to Experian, Equifax and Transunion, consumer reporting agencies. This unpaid debt may hinder your ability to obtain credit in the future. So that we may update this information to the consumer reporting agencies as a paid accuont, please contact Russel at 202-333-xxxx and make arrangements to pay this obligiation.



Trojan Professional Services.




My plan is to send the DV to the collection agency and if they DV then send a PFD letter, and keep sending the PFD until they take it. (hopefully they take it, lol)

12/28/13 (Garden Start Date)

Message 13 of 13