Getting CA to Delete negative

Discussion in 'Credit Talk' started by alee1323, Feb 24, 2003.

  1. alee1323

    alee1323 Member

    I just met with a mortgage loan officer this morning and she said if I don't get three items deleted off my credit report, I will have to wait until Sept. to buy a house.

    They are:
    9/02 DirecTV $119
    9/02 Medical Bill $90 & $70

    I have the money to pay, BUT how do I approach the original creditor or CA about getting the item deleted when I pay?

    If you need further information, let me know...

    Thanks!

    April =)
     
  2. four20nik

    four20nik Well-Known Member

    Had same prob...I was trying to refi an auto loan and was told I would have to pay before approval. Ended up having to pay with no luck negotiating deletion. The refi would save more money in 2 months than the total of the collection items I had to pay. None of the companies went for deletion...no matter what. So, I paid them and now, I have 2 options left.

    Wait till sol runs out later this year (2 of the 3 will drop)

    OR send estoppel letter. Just disputed with the cra that these are showing on...hopeful for deletion, but will probably only get 0 balance update. Anyhow, after the investigation from cra is done, I will send estoppel letters to at least 2 of the ca's. Will proceed to nutcase, etc.

    I also thought about requesting validation. I know I already paid them, but paying doesnt necessarily mean that I admitted guilt. I still want proof I owe it. It was a gesture of good faith. May be far-fetched. Of course, sol may run out before I get all of these letters written, lol.
     
  3. Epitomee

    Epitomee Well-Known Member

    Try using BBAuer knockout estoppel letter. He has a really good one that you can modify to fit your situation for paid collections or chargeoffs or just request validation and then go from there. If during the validation process the cb verify information, then you have a violation and can get some money to help pay for your new home. The validation process is normally recommended by all of the vets.
     
  4. four20nik

    four20nik Well-Known Member

    epitomee...

    Ive been thinking of using this approach...estoppel and validation, etc. Something you just said caught my eye...

    please explain the whole thing "if the cb verify while waiting for validation, etc..." I have had luck with over 40 deletions by just disputing directly with the cra's. Just have 3 last stubborn ones to deal with. I intend on sending estoppel. I think I made a boo-boo, though. I just disputed these 3 things to see if the ca's delete. If not, I was going to send estoppel. Think I went about it wrong, now that I read your post. Trying to make sense of it....sorry for the stupidity.
     
  5. cinderella

    cinderella Well-Known Member

    four20nik,

    If you request validation of a debt from a ca, the ca can't verify the debt with the cra until they have complied with your validation. The theory is, request validation, dispute with cra, hope to catch the ca commiting a violation by verifying the debt with cra before they validated the debt. Then some try to use this as leverage against ca for "settling."
     
  6. four20nik

    four20nik Well-Known Member

    OOOOOOOOOOOOHHHHHHHHHH

    (stupid) Anyways, I think I did go about this backwards then. Hmmm...now what. I guess after 30 days for my 3 disputes w. eq are up, I can send validation, wait for green cards, then dispute again. Just have to convice eq to re-investigate.

    So, if I understand correctly, it is a violation for the ca's to verify a debt with the cra's if validation is requested? But, if they send me validation, lets say, within a week and the cra contacts them after 8 days, then they can verify w/ cra, right?

    Sorry to ask so many questions. I havent had to go this route yet. I have paid these collections, so I'll look like an idiot asking for validation. Ah, well, stupid is as stupid does, lol.
     
  7. Epitomee

    Epitomee Well-Known Member

    What happens is that the Ca will normally not advise the credit bureaus that the item is in dispute. The credit bureaus will send a verification, the collection agency will verify the credit bureaus but not verify the debt to you. This is called continued collection activity, violation 1=ca. If the credit bureau is unable to complete verification in 30 days due to the item being disputed, I believe the item should be deleted, if not violation 1=credit bureau. If the collection agency sends a print out of the debt and you send an estoppell or a c&d and it appears on your credit report violation 2(3 credit reports)=6 violations. If you apply for credit and are turned down, this equals damages, Lawsuit time=leverage=deletions=if you are a hard azz=money.
     
  8. four20nik

    four20nik Well-Known Member

    I love this game.

    Going home...will read up more on it tomorrow. Thanks, guys!!!!
     
  9. lbrown59

    lbrown59 Well-Known Member

    I have had luck with over 40 deletions by just disputing directly with the cra's.
    four20nik
    +++++++++++++++++++++
    The problem I see with this tactic is even if it gets it off your report it does nothing to get the CA off your back.
    The END ************************* LB 59
     
  10. lbrown59

    lbrown59 Well-Known Member

    Then some try to use this as leverage against ca for "settling."
    cinderella
    ==========
    Very effictive when voilations tital more than the debt.
     
  11. lbrown59

    lbrown59 Well-Known Member

    1*I guess after 30 days for my 3 disputes w. eq are up, I can send validation, wait for green cards, then dispute again.
    2*Just have to convince eq to reinvestigate.
    3*So, if I understand correctly, it is a violation for the ca's to verify a debt with the cra's if validation is requested? But, if they send me validation, lets say, within a week and the cra contacts them after 8 days, then they can verify w/ cra, right?
    4*I have paid these collections, so I'll look like an idiot asking for validation.
    four20nik
    ==================
    1*No reason to wait 30 days. Send now.CRRR
    2*No convincing needed. Just demand deletion when CA fails to Validate.
    3*That's the gist of it.
    4*Not really you always have the right to proof.Payment status has nothing to do with it. In fact if they fail to prove you owed the debt in the first place you could sue them for recovery of the funds you paid them.
    The END ************************* LB 59
     
  12. tac14033

    tac14033 Well-Known Member

    I usually always sue, that usually gets my deletion for me!

    The easiest and best violation of the law to get them on is failure to communicate that a debt is disputed.

    I haven't had one CA,CRA or OC do this!

    That is the leverage you need to sue for violations and get deletions. Use them for small debts and not those $20,000.00 chargeoffs.

    What I do is this....

    I get the ball rolling and the papertrail started letting them know I am in dispute.

    I dispute it with the CRA a couple of times.

    When I get the results back I then write the CA or OC another letter only this time letting them know of their violations or intent to sue.

    If it is an OC I am dealing with and the debt is small I will usually call and settle to pay them for about 75% of the debt. Of course they won't negotiate to delete for any amout of payment.

    Get your settlement in writing and keep your cancelled check when it comes back. I also like to use restrictive endorsement on the back of the check if it applies to your state.

    Once I know the debt is paid and I can't be sued I then file suit against the OC for FCRA and state failure to communicate a debt is disputed.

    Heck, I did this very thing with Capital One and they have paid me more then I settled on with them, updated the tradeline to reflect "PAID/NEVER LATE" instead of charge-off as it was reporting.

    This gave me quite a score boost!

    I just settled with them last Friday and was told I should be receiving my check in 10days!

    Don't be fooled that this didn't take alot of time on my part. I have about 20 hrs invested in this matter!

    Again make the law work for you!

    Good Luck!

    Tac
     
  13. four20nik

    four20nik Well-Known Member

    I remember posting a thread about being almost done. This is totally laughable!!!!

    Thanks guys, I'm sure I;ll be asking more questions as I get this process going.

    Now, since I disuputed my last 3 collections on Monday, I will send the validation requests via crrr today. If the cra has already done their investigation (she asked me for contact info, phone #'s, names, etc) and the ca's receive my validation request AFTER the cra has verified, I understand the ca must update my cr as being disputed. Even if the cra verified, the ca still must get back to me, right? If they dont or cant validate, then do I re-dispute the item inquestion with the cra???

    I think I'm getting the hang of this. I know I should just be patient, since 1 drops in June and 1 drops in Jan 04, but...I might as well occupy the waiting time with some avid letter writing, right?

    Thanks guys.

    Oh, lb, the deletions havent resulted in any ca's calling or anyhting...been lucky so far.
     
  14. four20nik

    four20nik Well-Known Member

    One more question...

    After I gety the green cards back from ca's, how do I know if they have marked the account as disputed? I could pull a copy of my cr, but how soon after I receive the green card back should I do it? I know the cra's take forever to update the system via udf or whatever. Or is it that the ca's contact them directly (should I say "supposed to contact them directly")

    Also, how long do the ca's have to indicate on my credit report that it is being disputed?
     
  15. Epitomee

    Epitomee Well-Known Member

    For Tranunion, you will have to call them to see if the item has been disputed by the CA. For Equifax and Evil Experian, you should be able to see that the item is disputed on your report. The transunion one is a slam dunk, all you have to do is send them a copy of your letter to the ca, a copy of the gren card and a very slanted letter advising how do they keep on verifying when you have never received verifcation from the ca and site a little of the fdcpa, this gets their attention, in fact, you will get transferred to a special unit who promises to check into this immediatley.
     
  16. four20nik

    four20nik Well-Known Member

    Thanks epitomee.

    Upon reading TX fdcpa. there are a few more things in there that will help with the ca's. It is also a nice thing that since csc in IN TX. They are bound by TX law re: credit reporting agencies. Hey...so is the Evil Exp!!

    I guess it doesnt matter if my csc disputes come back verified...I will still send validation and wait 30 days. Then I'll start over with the disutes and fax csc and tu the validationinfo, provided the ca's dont validate.

    Youre a great help. Still planning the attack on the disputes that we discussed.
     
  17. Epitomee

    Epitomee Well-Known Member

    exactly, I have my green cards set and ready. Also have a notarized letter that received for a paid ca udf form, will be sending this to all of the cra. I will email you what about the letter received from transunion.
     
  18. four20nik

    four20nik Well-Known Member

    Thank ya! Will draw up my letters at lunch. Still waiting to hear from tu on the bk issue. They have 22 days left to resolve the bk deal.
     
  19. four20nik

    four20nik Well-Known Member

    Have you ever had a cra NOT delete even though the ca didnt verify to YOU but verified to the cra?

    Just working out plan B if plan A doesnt work.
     
  20. Epitomee

    Epitomee Well-Known Member

    This is my first go round. I have only been working on my credit report since January 1, 2003. So far I have removed
     

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