Re: Next step to remove paid collec A permissable purpose is ONLY if you have an open account with the inquirer. If it is closed, there is no permissable purpose, it doesn't matter if the account is transferred or not. An inquiry is not permissable unless you have asked to receive a loan or credit or open a new account. I have done extensive research on this.
Re: Next step to remove paid collec DanceRat, I love your approach, bookmarked it, and will recommend it alongside several others (including the nutcase sequence). You are exactly right when you stated that the nutcase approach is not intended to hold water in court. Rather, the object is to present as someone who is liable to cost them much time and trouble, and possibly expensive litigation, over a fully-paid account. If you're interested (just for conversation's sake -- you obviously don't need it, LOL), an elaborated rationale and full sequence of letters are here: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=160448#post160448 Finally, just so that you know that the nutcase approach is at least geared toward results, here are some testimonials: 1. nquisitive's work with two paid collections 2. missy73's success with three accounts 3. Killer's success with a bad check, a paid telephone bill, and a collection agency 4. Gillian's two CAs 5. betacredit's UDF form after he used nutcase and a followup he devised called the "Son of Nutcase letter 6. Betacredit's Son of Nutcase testimonial 7. Betacredit's Nutcase Followup #3 testimonial 8. wolverine's two successes and a recommendation to pair nutcase with a 48-hour intent-to-sue fax 9. another wolverine success using the nutcase/intent-to-sue combo 10. Gib's recommended variation that resulted in one deletion 11. dfwgt's success and suggestion that nutcase be paired with a standard estoppel letter 12. monicagee's nutcase success 13. Rusty Can's happy result from over on the FairCreditMovement.org discussion board Thirteen's an unlucky number, ack. (I left out my personal nutcase successes with an MBNA 120-day late account and several other very late but fully paid student loan accounts.) Anyway, DanceRat, I thought your excellent criticisms at least deserved a lame rebuttal: the approach has at least worked where some others haven't. Butch: Also good criticisms. One note where we concur -- I entirely agree with you that paid and unpaid accounts require COMPLETELY different approaches. Why someone would send a standard validation sequence for a paid account boggles my mind. (No offense intended toward those who've done that, lol!) Doc
Re: Next step to remove paid collec i'm sure it works! I didn't mean to imply it didn't - it's just that I had to get these off no matter what, because I was getting ready to go for a home loan and so I was trying to figure out a way I could take them to court and prepare a trail for that ... so bluffing (which is what it really is) is something I didn't want to do - I really wanted to go before a judge and plead the FCRA and inaccurate reporting if I had to to get those off.
Re: Next step to remove paid collec Hey, you make perfect sense to me... Moreover, you developed a fantastic approach -- yet another very, very sharp tool for the toolbox!!! Doc
Re: Next step to remove paid collec Doc, We're one of the successes on the list of users of the nutcase letter. Unfortunately, the CA seems to have become a bit "nutty" too and since deleting the original listing has pulled an AR inquiry on the same CRA they had just deleted the entry from, then about 2 weeks after the AR they re-inserted on another CRA. We're hopeful the AR will prove to not be a "permissable purpose" and we will be able to add it to the violations we're already documenting for our lawsuit. One thing that may be important for users of the nutcase series to remember is that if their situations are like ours, and the nutcase letter is actually the first correspondence they've had with the fully paid creditor, the nutcase letter IS their dispute of the debt and their validation request. It WILL end up being their evidence in court if the fully paid creditor fails to respond to the request for validation and if they don't get the requested deletion. We've read it over and we don't think there is anything in the letters we used that will cause the judge not to take us seriously, but in any event, those using the nutcase letter should certainly consider it to be one they may have to stand behind as their "validation letter." We've just sent our Intent to Sue and hopefully it will be successful in finally and permanently getting deletion of that fully paid tradeline. DemPooches (email always on)
Re: Next step to remove paid collec Way to go, and keep us posted, DemPooches. Wolverine used a 48-hour intent-to-use follow-up which seemed to seal the deal for him. Also, search the board for keywords "Christi" and "intent" (or "intent to sue" or "intent-to-sue"). She pretty much trailblazed that path for the rest of us. Doc
Re: Next step to remove paid collec I tried your suggestions about removal of a paid collection with the original creditor and they did do a hard inquiry on my credit report and sent me a letter stating that the information on the credit report is valid. Could you post a copy of the letter you sent to the CRA and/or creditor to get that paid collection off after they have did a hard inquiry on my credit report? Thanks
Re: Next step to remove paid collec If it's a paid collection and you have NO ACCOUNT OPEN with the agency that did the hard inquiry, you have them for 1000.00 penalty, no questions asked. Impermissable purpose, no two ways around it. At this point, I would write them a letter stating you are requesting 1000.00 for pulling your credit without your permission. Please see www.bayhouse.com for more information on this. thread number: http://www.bayhouse.com/credit-forum/showthread.php?s=&threadid=229&highlight=wells+fargo You can use this as leverage to have them delete the information. I can't BELIEVE they pulled a hard inquiry! I wanted it to happen to me so I could sue them!
Re: Next step to remove paid collec Doc and Dancerat, At the risk of re-opening this thread, I would like to add my comments. I know a lot has been said on this subject, but I would really like to pass my thoughts by you two great guns and have a clear strategy before starting on this TL. I have a fully paid charge off account that I have with oc, never gone to ca. oc is now reporting to all 3 as a closed/zero balance status paid charge off. I have read about Doc's rationale and the nutcase series and Dancerat's 'inaccurate reporting' rationale and both have their strenghts. Are there any issues in combining the two approches? First I send nutcase letter and a follow up son of the nutcase #2 and before sending the #3 letter (seeing that I am running into a road block - they keep saying it is verified and correct information), I combine the nutcase #3 with dancerat's incorrect information letter. Nutcase series does not touch the topic of inaccuracy between the three reports. So in my opinion it very conviniently opens the door for an extended arguement. Also, when I send the intend to sue, now I have combined reasons for taking them to court. In my case the information indeed is different on cr's. This will convey to the OC that I am trying A and B and C to simply get them to delete or continue to be a pain in their a$$e$. Do you think this will weaken the approach as there will be a focus shift on the case it conveys I am not necessarily serious for a litigation? The idea of course is to become a p.i.t.a for them, but at the same time maintain the serious professional legal rationale. If this combined approach is 'blessed' by Doc and Dancerat, I would love to follow that because that would add more reasons and solidify my case and increase the chances of deletion, without actually going to the court. I don't want to go to court. Sorry, I could not find a thread where this combination has been discussed. If it has been discussed already, please send me the link.
Re: Next step to remove paid collec <bump> At the risk of bumping this thread - umm - I am bumping it!
Re: Next step to remove paid collec Hi! I've been dealing with moving and dealing with Allied Van Lines, etc., so I've been offline for about a day. (Creditnet Withdrawal should be listed in the DSM-IV, a diagnostic handbook used by shrinks.) Anyway, it's very late right now and I'm pretty dog-tired, so pardon the brief response: DanceRat's technique is terrific but is the opposite of the Nutcase sequence. The DanceRat tactic denies the validity of the underlying debt. The Nutcase sequence acknowledges the validity of the underlying debt and instead alleges possible inaccuracies with respect to CRA reporting. For that reason, it doesn't make logical sense to start with one and then switch to the other. Both tactics have worked. I would pick one method and its associated claims and rationale and stick with it. Doc
Re: Next step to remove paid collec I had a collection for $67. I tried to get a payment for deletion. The CA refused to delete. So I just went and paid the collection. I later disputed with TransUnion as not mine. Got my report yesterday, and it was deleted...... I have two more, and I'm gonna try again. I was just prequlified for a mortgage. The lender didn't pull my reports becuase I had 3 recent reports. So i figured I would continue to dispute some items before I officially did a loan application.
Re: Next step to remove paid collec How about if your disputing? I am disputing with BoA and they did a hard inquiry the day I spoke on the phone with them. The account is charged off. Can they do that?
Re: Next step to remove paid collec Doc, Thanks very much for your comments. I really appreciate the insight that you and many other credit netters have given me in the last several weeks. I will start the nutcase series this weekend. Will keep you posted. tinaboo, I have already disputed the cl. EX and EQ have already come back saying it is verified. I still have to check the TU. pkedo, you should be able to go for $1000 because of BofA inquiry.
Re: Next step to remove paid collec I'm wondering if i could go for the $1000. i ran my credit report to try and clean it up and paid off a majority of my debt. i called a dept. store and tried to settle with them and was told they sold/transfered it to another company (which did not show on my report) so i called this company and found out the amount that the oc stated on my report was not what i currently owed ($554) They advised me i now owed $1059. i stated to them no way i had a current copy of my report and that is not what it stated and furthermore they weren't even on it. i had contacted them out of good faith. needless to say i did not settle and still owe them the money. a month later i pulled my report and found out the assignee of the dept. store/ca had ran a hard copy of my report on the same day i called them. i never authorized them to run my report. any comments would help
Re: Next step to remove paid collec Collection Activity is a "Permissible Purpose". You have plenty of available actions, but I doubt there's much to be done about that inquiry (for now). Start with the same ol' drill you've seen here a thousand times. Validation, estoppel, etc. It works. While they are in receipt of your Validation Letters, then go ahead and dispute the inquiry and tradline. When/if they come back confirmed, NOW you have them in violation of the FDCPA (continued collection activity without having validated the account. Good Luck!
Re: Next step to remove paid collec I think you need to do whatever makes you feel comfortable. The nutcase was great and worked for people, but I was under a timeline and couldn't start down that road - I needed to start a fast track to getting it into court and deleted if I had to, because I had a mortgage to get - by the way, I locked at 6.5, which was great, but now I wish I had waited one - more - day.... 6.03 looks so good... Anyway, you need to feel good about it. Wow, I have a technique! I had no idea!!
Re: Next step to remove paid collec i need some help. i have a citibank visa that went was charged off. it went to a ca and i paid them monthly, until it was gone. a year ago, i disputed the citi "charge off" (the ca never made it onto my report) and it's not on 2 of them. however, it is on my EQ report as "disputed". i don't want to contact the CRA, as they might just verify it. what strategy am i in a position to try? help!!!!!! btw, this is due to fall off of my report in 2004, but i want to start looking for a house!
Re: Re: Next step to remove paid collec Bumped a thread exactly one year later? Well ... find something wrong with the TL, and then demand that they report it correctly. This takes you right to the DF and bypasses the CRA. Since the account is paid off, they usually pull a report to see what's wrong. Then you have a No PP case. It's sort of a Nutcase version but very focused. You're trying to get them to pull your report after the acct. is closed. A nasty little tactic that DanceRat first made clear to me. (Wonder where he is) See?
