Go with the flow

Discussion in 'Credit Talk' started by sparq, Oct 7, 2008.

  1. sparq

    sparq Well-Known Member

    I've seen a lot of "example letters" floating around (not just here, but on plenty of other sites) that are often loaded up with legal threats, citations, and long explanations of what harm is being caused. It seems to me that these companies probably deal with thousands of inbound letters daily, and the person who sends a two-page, eight-paragraph letter is going to be pushed to the bottom of the pile or -- worse -- call attention to himself / herself.

    It seems to me that the best approach is to keep everything short and sweet. I know it's very satisfying to fire off a threatening letter, but does anyone honestly think a CA has ever said "Well, I *was* going to blow this guy off, but now that he said this is causing him harm, I'd better hurry up and validate!"

    For example, 30-day validation to a CA: "Dear ___, I am disputing the above-referenced matter. Please validate this alleged debt and provide proof of your validation. Sincerely, ____" Short, to the point, and sweet. If nothing else, think of all the printer ink you'll save!!

    Earlier this year I had trouble getting TransUnion to remove an entry that had been paid off. I disputed online, and they said they validated. I sent a very polite but firm letter consisting of: "Dear TransUnion, On xx/xx/xx, you informed me that you had validated the above-referenced entry. Please be advised that said entry is not valid, and I request that you remedy this matter immediately. I also request any and all documentation supporting your validation of xx/xx/xx. I appreciate your efforts in clearing this matter without the need for legal action. Sincerely, ____" A week later the entry had been wiped from my report. I didn't tell them what's wrong (why do their work for them?), I didn't threaten (why give them a reason to pay extra attention?), and I was even somewhat polite.

    For all I know, the rep who processed my letter had a stack of 500 other letters on his/her desk, and just hit "delete" on my credit entry rather than go through the hassle of validating. The result of showing a little restraint? Victory!

    Take settlement offers. Why draw up a complicated agreement? Why not simply say "I propose a settlement of $500 to be paid in three payments by xx/xx/xx"? If they come back and try to sue you for the remaining portion of the debt, your paperwork creates a bulletproof "satisfaction & accord" affirmative defense in court.

    It seems that so many people out there -- most of them on other websites, not here -- advocate very aggressive, confrontational methods of dealing with credit issues. My thoughts are that the best way to handle these things is to "disappear into the crowd" while performing the minimum legal requirements. Why give anyone any reason to pay any extra attention? I say, do just enough to assert your rights, document everything, and go with the flow.

    I'm not trying to put anyone's process down here. I'd truly like to hear the other side of the coin, if anyone feels differently. Just something I've been wondering about for a while.

    And incidentally, thanks to the advice on this forum, my score went from 510 a year ago to 620 today!
     
  2. Hedwig

    Hedwig Well-Known Member

    That's what I've been advocating for a long time. You don't need sample letters.

    Short and sweet, in your own words. Don't let it look like the 5000 other letters they get.

    A validation letter can be as simple as "I dispute this debt in its entirety. Please provide proof that the debt is mine and an accounting of how the balance was computed."

    If you don't want to talk on the phone, all you have to add is that it is inconvenient for you to take calls at any number at any time. The word "convenient" is important because that is the way the law is written.
     

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