I am at my wits end, my husband has 4 paid collections and 1 unpaid. The one that's unpaid had also owned 2 of the other PAID ones (the CA did). We have disputed to no avail (its only on TU), I have written letters (no validation ltrs. for the paid ones). Hubby has called the original creditor for the one with the balance asking them to take it back (big sob story) and they are "looking into it", well they have been looking into it for over a month, hubby calls once a week, he told them take it back and get paid or leave it with the CA and don't get paid. We have offered PIF for deletion the CA says no way. I thought I had them in a couple FDCPA violations but the FTC said no and so didn't the CA. I filed a complaint with the BBB and they quickly covered their tracks. This is my last attempt, NH State Act regarding CA's says, they are under NO circumstances allowed to speak to the spouse other than to ask for a forwarding address, *I* called the CA and set up payments, did he lose his rights when *I* called them, or should they have said you aren't Mr. KHM goodbye? Secondly, my state is apparently like TX where the CA has to be bonded, I am checking into that as we speak, if they ARE bonded WHAT THE HELL SHOULD I DO????? One more question, one of the other paid CA's set up an automatic withdrawl and has been paid off for several months now, the thing is we spread out the payments over 4 months. The FDCPA says they were supposed to mail me a reminder letter stating "don't forget we are posting a payment to your Checking/savings account on xx/xx for $xx. They NEVER did that, should I go for the lawsuit? They also spoke to me and not hubby. Sorry for such a long post but I need some advice KHM TIA!
I've been treating paid collections just like unpaid collections. The reasoning is simple. Maybe you've seen me post before about my take on the reasoning behind a Validation Letter. It goes something like this: If you walked up to me at the mall and said, "Hey Quixote, you owe me money!", I might respond with something like, "Based on what evidence? And who are you anyways? When did we ever do business? Do you have something with my signature on it that says I received something from you?" I think that the above reasoning is sound. If you are going to contend that I owe you money, then you'd better have proof. The same reasoning applies if you are going to say that I used to owe you money or that I used to be a deadbeat. You can say anything you want, it's a free country. But you'd better be able to back it up, or you've got some liability. It's called libel. It's called slander. So the wording is changed somewhat (very little actually), but the letter is not all that different. Just reflect the fact that what they are saying in your credit profile is damaging your ability to get credit, and they'd better show proof. Several paid collections have fallen off this way now. About two weeks ago, I got a phone call from this collector who I paid $80 something like four years ago. He asks me what do I want from him. His books show it as paid. He's reporting it as paid. (Louder)"What do you want from me?" I said, "Hey, it's all in the letter, and from this point forward, as outlined in the letter, all communication will be in writing." I hung up. As the handset was moving toward the receiver, I could hear him yelling "What do you want from me?" I must admit I smirked just a bit at the irony. My, how things have changed! Now, I drive the collectors crazy. It felt good. Very, very good. Fast forward to Christmas Eve. Our mail delivery didn't come until about 7 pm., at which point I had a house full of people, 25 or so, and was still shell shocked from hearing from one of the VP's at my company that it looks like we'll close down after the New Year (so far, BTW, it's still unofficial-- haven't gotten notice, but I've sent out over 50 resumes just in case). So anyway, in the mail is a letter from this same collector. It says, "Please be advised that the above referenced file has been canceled. The credit bureaus will be instructed to remove this account from your credit fil if we have reported it to any. This usually takes 3 to 4 weeks, in the interim if I can be of any assisitance please do not hesitate to call. Sincerely, Sleezebag Z. Collector" Merry Christmas. I really needed some good news right then. Even though the law is not as clearly on your side when your debts are paid (how ironic is that?), I'm convinced that human nature is. Once it becomes clear that you're going to be a Royal PITA until you get your way, and that they have nothing to gain financially by fighting you, eventually you'll win by default. It costs them money to continue to engage in squabbles with someone they can't make any money off of. Sooner or later, they just get tired of doing it and quit. Disclosure: this incident occured while I was still using Bill Bauer's services, so, much of the credit goes to him. Hope this helps. Tom
Sleezebag Z Collector TOO FUNNY!! It does make sense. Thank you so much. So this is what I will do, send validation letters to the PAID ones, when they don't respond (why would they it's paid) send an estoppel???? Or another validation? Do you happen to have the letter YOU sent available? I would appreciate it sooooo much. Thank you Quixote. KHM
I always feel bad when asked that. Since I had a contract with Bill, I don't think I can post the letters. Sorry. The first couple of letters aren't all that different than the templates you've seen around here. First the Validation, with the modifications I mentioned, then estoppel, with the same modifications I mentioned, then a demand letter. The delete I described above came after the estoppel letter. I've got a few demand letters out there now, and I'll follow those with the demand for deletion from the CRA letter that LKH posted a couple of weeks ago. It's like those last stubborn stains when you're cleaning the carpet. Ninety nine percent comes up easy, but that last little bit is a lot of work... BTW, I neglected to even comment on your other factors; ie spoke to your husband instead of you, are they bonded, etc. By all means, research every one of those issues, and, where appropriate, add them to your letters. Good Luck!
Just to add my 2 cents...I have had one paid collection deleted as well (in the interest of full disclosure, using Mr. Bauer's services too, although by no means am I trying to stir up a new debate!), wherein the CA sent me a letter saying basically "even though it's paid we will delete". However, I am having some difficulty with another one of my husbands, a stupid collection for $200 from a million years ago. We paid it last year before we knew any better and now they won't delete for anything. They are quite stubborn about it. I was wondering if anyone has ever tried to offer extra money for deletion. We paid the bill in full but would offering them a little on the top do anything? Let's call it what it is, a bribe. Has anyone ever bribed a CA successfully?
