CA Won't Remove Neg If I Pay It

Discussion in 'Credit Talk' started by merlin, Jun 19, 2003.

  1. merlin

    merlin Well-Known Member

    I recently checked my credit and found that I had been sent to collection for an unpaid final telephone bill. (Although the telephone was in my name, the bill went to my former employer and apparently they decided not to pay once I quit.)

    I called the CA and indicated that I would pay the bill in full, but that I wanted any reference to it taken off of my credit reports. I was told that they can not and will not remove it.

    How should I proceed? Is there a letter I can send? Dealing with them by telephone appears to be useless (and frustrating!)

    Any advice would be appreciated!

    Thanks!
     
  2. mark

    mark Well-Known Member

    don't pay it unless they remove it, its just as bad paid as if not paid in the eyes of fico. morality aside.

    try disputing it, you might get lucky and it will get removed.

    You might have problems here though..one of the hardest things to get removed seems to be a utility bill..I have an electric one on all three of my reports that gets auto-verified everytime I dispute it.
    I've finally just decided to leave it. (this one is paid btw, must have electricity you know and these punks control the other electric providers)
     
  3. merlin

    merlin Well-Known Member

    I agree - I have absolutely no incentive to pay the account at this point. I pointed this out to the collection agency, but the guy I was talking to didn't seem to care.

    Would it be beneficial to approach the collection agency once again with the hopes of getting a different (and hopefully, smarter) person? It seems from the posts that I have read that removing items from credit reports is not uncommon (even when they are legitimately reported).

    Any thoughts would be appreciated.

    Thanks!
    Linda
     
  4. mark

    mark Well-Known Member

    well, over the phone..no..dont talk to them on the phone. they are going to lie/cheat/steal whatever to get paid. They'll tell you what you want to hear.

    fax them an offer, tell them your terms. ask for UDF forms, and ask for something in writing with their signature.
    Most likely you arent going to get any of this. But its worth a shot.

    Have you tried validation/estoppel, etc? You should try this if the SOL is up (i personally would do it anyway, at worse I'd just end up having to pay it)rack up some violations on them.
     
  5. lbrown59

    lbrown59 Well-Known Member

    Dealing with them by telephone appears to be useless (and frustrating!)
    merlin
    -----------------------------------
    I see you just learned the first rule in dealing with a CA


    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  6. lbrown59

    lbrown59 Well-Known Member

    Is there a letter I can send?
    merlin
    =======================
    Here is the Validation Letter you want to send.
    Don't make any changes on it and don't hand sign it.

    Your Name
    Address
    City State Zip

    Company
    Address
    City State Zip

    Date

    RE: Account #_________/Original Creditorâ??s Name

    Dear Sir/Madame:

    Thank you for your recent inquiry. 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.

    Sincerely,


    Your Name don't sign


    - - - Include the following on a separate sheet of paper - - -


    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.


    ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  7. merlin

    merlin Well-Known Member

    Thank you! I just printed up the letter and will send CRRR.

    I really appreciate all of you who are so willing to share your experiences and expertise! I have spent hours reading the posts and still don't feel like I have a firm grasp on how to deal with credit issues (many of which, at face value, should be a relatively straightforward fix!!). They sure didn't teach this in grad school!!!!!

    Thanks again!
     
  8. lbrown59

    lbrown59 Well-Known Member

    smarter) person?
    ==================
    None there
     
  9. merlin

    merlin Well-Known Member

    LOL! Okay, I'm new to this and hope still springs eternal!! (But I'm learning fast!)
     
  10. texasguy

    texasguy Member

    why not hand sign the validation letter?

    thanks for your feedback.
     
  11. GEORGE

    GEORGE Well-Known Member

    They CAN'T????

    THEY SURE CAN!!!!!!

    NO REMOVAL...NO PAY!!!!!

    COLLECTION NOT PAID HURTS THE SAME AS COLLECTION PAID!!!
     
  12. GEORGE

    GEORGE Well-Known Member

    "THEY" may use that signature!!!

    LIFT IT OFF THE LETTER YOU SEND..."CUT AND PASTE"
     
  13. lbrown59

    lbrown59 Well-Known Member

    1*. I was told that they can not and will not remove it.
    3* Dealing with them by telephone appears to be useless (and frustrating!)
    merlin
    ================
    1*Do you believe the CA?
    3*Precisley why rule 1 is don't talk on the phone to a CA

    """""""""```~~~```'"""""""""
    Gladys was the preacher's wife and accompanied her husband each Sunday to
    Church. One particular Sunday when the sermon seemed to go on forever, many
    in the congregation fell asleep.

    After the service, to be sociable, she walked up to a very sleepy looking
    gentleman. In an attempt to revive him from his stupor, she extended her
    hand in greeting, and said, "Hello, I'm Gladys Dunn."

    To which the gentleman replied, "You're not the only one!"
     

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