OK, I think what I do here is send the dispute letter to the CB but I want to make sure. I have the score watch thing and my score goes down 33 points today because of a collection. They say I owe $132 from a medical bill. I call the place and I speak to a lady (I have her name) who says that there is nothing under my name or social and that the original creditor code I gave her was not valid. So they put a marking on my credit report for something that have no record of and cannot tell me who the OC is because they have no idea. Nice, huh? What's the proper course of action? She told me to dispute it and then when they look it up and cannot find it, it will be fixed. Do I use the standard dispute letter to the credit bureau? Thanks!
As stated above I called and they said they didn't have anything on me, I disputed it online and even gave the phone number and name of the woman who told me that. I get my updated credit report from Equifax today and they said that it was VERIFIED! Now what? I don't want to call them back, I want to SUE THEM!
Dispute the tradeline with the CRA. Then send the CA a dispute and verify letter. If they keep reporting it without sending you verification, then you have grounds for an FDCPA suit. If you're going to sue, do your homework or hire a lawyer (or both) or you may be disappointed.
I just called again and asked them and now they, by some miracle, find me in their system. They said they sent me letters, but I never received anything. Something that important, you would think they would send it certified or something. They cannot prove I received anything, which I didn't. I offered to pay the collection, if I owe it, I want to pay it, but they said they would not take the collection report off of my credit report. This caused a 40 point drop in my score, from 705 to 665. I am not going down over $132. What do I say in the CA letter and how do I attack this situation. Had they simply informed me of the balance due I would have paid it. This all stems from having medical insurance that is worthless. How do you go to the doctor, have insurance and still owe $132?
OK, I need to get this done and I have seen some people have success with the PFD letter. I asked them about this and they said that they CANNOT do that. Should I send them the letter and see, or should I start with the verification letter and then go from there? I want the quickest resolution, so I am thinking the PFD would give me that if they agree, but does sending a PFD give them ammo that I am agreeing that I owe the debt? Thanks!
Going to suit is premature. What everyone is suggesting is that you do things that will set the markers that that will allow you to prevail in the suit. Nothing in what is being suggested precludes you doing a PFD; it is a good route to go, particularly given the rather limited number of dollars involved. You have already disputed, on-line, with the CRA, and it has been verified. The DV to the CA is the next step, and a request for a hard copy of your CR is in order, too. Have you ever received a written communication from Receivable Recovery? Have they called? Have you called them? Answers to these questions will point to markers that may already be in place or markers that it would be advisable for you to get in place. If you elect to call them, read the FDCPA carefully first. If you have any questions, do so some research here or on similar boards, or ask questions for clarification of the finer points. Record the call if you are allowed. You will do your case a real disservice if you get too far ahead with a strategy before you have the supports in place to sustain it.
If you approach this as something that you dispute but that you are willing to go for a PFD to make it go away, then you can avoid having it show as you agreeing that you owe as alleged..
I got ya and reading over the sample PFD letter, it does a heck of a good job stating that the PFD is an offer, not an admission of debt. We are about to apply for a new mortgage, so I am trying to bump scores over 700. Mine was until this and the wife is just below it. I think the PFD makes the most sense at this point, so I printed them up and will send tomorrow. Should I sent certified, return receipt?????
If you send that PFD letter after they already told you that they won't accept the Agreement, two things could happen: 1) They likely scenario is that they negotiate the payment and simply mark the account as paid or, 2) They just refuse payment. PFD's are growing far and few between. That said, it may be easier to dispute the tradeline through the credit reporting agencies. Now, if they verify, go with making payment and attach an Agreement wherein the agree to delete. Same as above however, if they do cash the payment and mark it as paid then you would have a simple breach claim. Not the same as accord and satisfaction thus, you would avoid all of the common law and UCC hangups. However, this would be protracted if it came to that which is why I would suggest simpy disputed the tradeline first.
Life got in the way and I never got around to this. It's over a year old now and they haven't sent me anything in a long time. I guess they gave up since it's only $132 however, I just tried again (a few weeks ago) and got the dispute back today saying they verified again. The idea here is ONLY to get it off of my credit report. So, the dispute verification letter would be the way to go?
I thought it was always the other way around Send DV to CA, then wait 30 days and if no validation dispute with CRA then if CA verifies with CRA you have them on a violation. Woofer
It's a medical collection so I am not sure if that changes things any. I am just trying to make sure I take the right course of action. I can pay them the $132, that's not the problem. I could have paid the $132 at the time I owed it originally had I known I owed it. The lousy medical insurance we have takes months sometimes to pay the original medical people and then I am usually left with a bill that is 8 months old already when I get the first notice. This one I received zero notice on.....the first I knew of it was when it hit my credit report. I think for the sake of time like I said I was going to do earlier I am just going to go for the PFD. I have no problem paying the $132 to get it off of my credit report. However, I am going to specifically say that this is only an offer in order to expedite the handling of this and that if they do not accept that I will be disputing the debt. Can I do that? In other words, go for the PFD and if it doesn't work start the longer process of validation???? EDIT: I missed this: Since I did dispute and it was verified....I want to send them a check with an agreement that says that if they cash the check that they agree to delete. If they don't and cash the check I have a breech claim. Seems simple enough, I can send the letter to delete straight to the CRAs with a copy of the cancelled check and have it deleted, correct?
send a notrized letter pardon the spelling 2 of us here can't decide on that word,that way you have a witness you can then send the money,