Hi folks, Back at it again First week in Jan. I got 4 letters from CA's. In this one case. I had a Student loan through an OC. I saw OC on CR NOW i got a letter from a company called ____ stating their client _____ want this debt paid... they break the amount down to: Principle ($XXX) , Interest ($X), Collection Fee ($XX) total due $XXX ..etc So the amount is about right, and the referring company is about right. HOWEVER i don't see ___ on my CR ... BUT i had taken a break from any credit repair. Should i - PAY and pull all 3 Reports and check if they are on their or any other changes? - Send DV letter ( letter said i had 30 days to do so) - Call _____ and ask if they would take the account back and offer them a PFD? I have the money to pay it's just i want to get the most use out of it like having something come off my CR. Also as a general question.. since most of what i'm dealing with in on the 2nd CA for the same debt. does it even make sense to Dispute the OC tradeline in hopes of getting it off and then dealing with the CA?
I would personally send a DV letter, especially for one thing... The $35 collection fee... Unless they can provide the original contract which states that a collection fee could be charged, it could be a fee that isn't allowed by the contract or your state's law. That would be a violation that you could sue them for, and have them owing you money, instead of the other way around.
""" Dear <CA's name> This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form. Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees. It is inconvenient for me to receive telephone calls. Please conduct all communication in writing to my address above. Sincerely, <Your name - DO NOT SIGN> CREDITOR DISCLOSURE STATEMENT Name and Address of Collector (assignee): _________________________ Name and Address of Debtor: ____________________________________ Account Number(s): ____________________________________________ What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO Has the purported balanced of this account been used in any tax deduction claim? YES/NO Please list the particular products or services sold by the collector to the debtor and the dollar amount of each: Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action. ________________________________ Authorized signature for Collector __/__/__ Date Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.""" --------------------------------------------------------------------------------------------------------------------- This is the DV letter i decided to go with from the sample letter area. Adding the line to only deal with me via mail. and not to CALL. ...... -However i'm concerned if this is still effective since this sample letter was from back in 2001 and i'm not clear as to why i would want to know about insurance or TAX write off..? -Am i on the right track? -Maybe i'm a softie but mentioning mail fraud and telling them to seek legal advice seems like it would be inviting trouble. any insight?
Just got the green card back and it took a substantial amount of time. (mail on the 15th and signed received on the 23rd) for a city less than 13 miles away !!! In the mean time i was able to pull my 3 in 1 report. I don't see the new company listing and i have a CMS to alert me if they do. I learnt that they cannot now Add themselves to my report without validating. BUT............ their client (the first CA) are already on my report... I don't mind paying / making a deal on anything i might owe as long as i can get Negs off my reports.
I would DV ECMC, then dispute the entry as soon as you know they've received the green card. Citi you can't demand validation for since they're an OC. You can still send them a letter questioning the debt, they're just not required to respond to it, and they could still verify the tradeline despite the dispute (as long as they notate the dispute. That's just the approach that I would use, BTW you may as well say that Federal Debts more than likely don't have SOLs, because the Federal Government can always offset/garnish money for a Federal Debt.
They had garnished what i thought was everything left on that bill. That's why i'm surprised a bit by all this. i know once cleared up i just wait for the 7 year period from DOFD for it to fall off or dispute it off. I just don't know how to make sure that DOFD is being reported right. if the OC is not required to respond to anything... are there any laws on our side to help?
You can dispute the DoFD, with them, they're just not required to contact you to verify the DoFD with you. When the government is involved, the laws are stacked on their side, because it's in the government's best interest not to be sued. (I will eventually get around to writing a "So you want to sue the Federal Government!" thread that takes all of the tidbits that I've learned in my almost 9 months of trying to sue the federal government for false reporting.
And i think i made my first screw up. The OC account was listing "paid collection" on one CRA. I disputed it with another CRA that didn't have a comment and now they've changed all Reported comments to say: "Student loan to Collection account , Defaulted loan - claim filed against guarantor" So f'in pissed right now... Nothing at all is working with theses credit repair tips and "ideas" just seems like i'm wasting every spare minute i have reading and reading and reading...
Would it be better to just send a PFD offer to XXXX rather than a DV first? or maybe a combo letter giving options, something like: Settle with a PFD or send me validation since you are reporting this debt sent another agency to collect all without first contacting me.. Can that be done in one letter? or is i best to first DV then PFD? *Keep in mind this is the 1st CA who has already sent the account on to another company to collect (assigned/sold to, i don't know yet), that's why i thought a combo LTR might be worth it maybe they cannot take any payment now....?!?!? (as i've posted before i'm trying to save money and $5-6 a pop for CMMR on a tiny debt is hard to swallow, but i get that is really might be worth it if doing the right steps in order gets the results i want {DELETION})
And to make things more interesting. Their first notice dated Dec 18th I got on Dec 22nd I sent the DV Jan 16th they picked up and signed for it Jan 23rd. Today i received a notice dated Jan 28th that talks about: 1) customers have options to choose from...Call us... blah blah blah.. 2) "If you do not make arrangements to pay the account in full or agree to an acceptable payment plan, we may forward the account to (the first CA) for Administrative Wage Garnishment (AWG). AWG Provisions of P.L. 102-164 provide for garnishment of the FFELP defaulter's wage without their permission, and without having to bring action in Federal Court. This Federal Law supersedes state law and is enforceable in all states including Texas." 3) Clearly states at the bottom of the notice "This has been sent to you by a debt collector. THIS IS AN ATTEMPT TO COLLECT A DEBT. Any information obtained will be used for that purpose" Seeming as they signed for the letter on the 23rd, aren't they in violation by sending me this letter? Also as stated i assumed all garnishment had been collected, but without anyone giving me a balance statement or ANYTHING, how on earth can i be sure? I do not see it as fair to Garnish me anything without first providing proof. I get that there are federal laws . but what the heck!!!
