Hi all, I've been reading through these forums for about a week now, but only registered today for my first post. I think I have a solid handle on what I need to do here, but I wanted to get the 'thumbs up' from you veterans before I go ahead and do anything! Here's my situation: - Two credit cards listed as 'settled / charge-off' - Three accounts under 'Collections', all paid in full. Here's what I believe I should do, after researching these forums: - Contact CRAs to dispute the missed payments, with the goal of zero missed payments and 'Account closed at Consumer's request' - items not responded to within 30 days will report positively if not responded to. - Contact CAs to verify/dispute details with the goal of complete deletion - preferably using 'nutcase' letters that are simple and to-the-point. CAs are not legally obliged to respond within 30 days, and not responding within that 30 days does not require any removal from a credit report. Questions: - At any point, can I take my case directly to the CRAs if I have, let's say, several months of ignored communication from a CA? - Am I on the right track here? Anything else I should keep in mind? Thanks folks!
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step Welcome! And yes, dispute inaccuracies or missing information through the CRAs first and hope for the best. Since it looks like you've already settled these or paid off the collections in full, you've already missed your opportunity to negotiate deletions in return for payment. So, your best bet at this point is to dispute them through the CRAs.
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step I'm confused - can't I do this via 'nutcase' letters after the fact? Most of them are charge-offs that I'd like to have remove in their entirety. I do have one that is still pending a few payments but I didn't have any luck trying to barter payments for deletions. At this point, I'm more concerned about cleaning up my credit - most of my debt has been paid off, happily...
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step VAlexander, I would first dispute with the CRA using the " I was shocked to see these accounts listed on my report and I do not recall dealing with these people, Please verify and Delete the following accounts. Please provide me with a new credit report showing the deletions. Then just list the accounts. Always dispute through the CRA's first no matter what, then I would opt out of all the credit card offers by going through an opt out site. You can google this. Then what every you do after this, make sure you do nothing until you get replys from the CRA's. This is very important. Then whatever accounts are left on the reports DV the CA's. It doesn't matter what they send back as validation as most of the time it doesn't meet the FDCPA.
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step Not true. The standards for validation under the FDCPA are actually pretty minimal. There are sites that have you asking for everything except the kitchen sink. They basically need to provide the original creditor and the balance. So much of the time they do provide validation. You may not like it, and it may not stand up in court if you get that far, but it meets the FDCPA.
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step Sorry to have to disagree with you Hedwig but have you ever read the decision of Judge Kenneth Minh of the 7th Cir. Ct. of Appeals in the case of Fields v. Wilbur Lawfirm? Actually, it should seem obvious that local courts are far more lenient than FDCPA allows them to be. They routinely accept the allegations of an attorney as the sole proof of debt.
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step VAlexander, Just remember your goal is to get the negative items removed. Loose lips kill the deal. Remember not to be wordy with your letters. Collection Agencies are like bottom feeders, they purchase these debts for pennies on the dollar, so if it does come down to it you can try a pay for delete. Remember, it may take 3 or 4 letters to get them to accept the PFD but always request that a representative stamp and sign the acceptance letter with their letter head. Dont ever pay anything to them without a negotiation. A paid collection looks just as bad as an active collection. Look man, you may run into a situation where they don't even have a license to collect in whatever state your in. Some states don't require CA's to have a license. In short man, just keep all your green cards and letters and if you decide to not pay for a delete then just send in what they sent you back with a letter to the CRA's stating that the CA did not provide proper debt validation and demand that they remove the item. Now for the non ethical way, just send copies of the letters that you sent with the green cards copies and tell the CRA's that they never responded to Me the consumer that this debt is actually mine. Demand for removal, but with this tactic you will need to send validation letters 3 times. The last method I cant recommend you do cause it's lie'ing and not ethical at all but people do it. But, in all respect, your goal is to get the items deleted. But, I don't recommend Lie'ing, cause you don't have to lie. Just do it the right way, proper validation and disputes work great. Look at it this way, you can rebuild your own engine if you want. Or, you can take it to someone that is ASE Certified a real professional that does it all the time. But, you can do it yourself. Same deal with Credit Repair. I don't know, Just my three cents. Have a good night,
Re: Hi all, Noob here with first post - want to verify that I'm taking the right step Bill, I didn't necessarily mean the court WOULD require more stringent evidence, but they COULD. I was just saying that the FDCPA doesn't require all the nonsense that a lot of people think it does. Of course courts set their own standards, and not all the same. As for sending copies of validation letters to the CRAs, they won't accept any documentation from the consumer. They are only going to accept information from their subscribers. If you dispute, they contact the creditor. If the creditor doesn't respond, it's removed. If they do, it stays.
