Orig Creditor called - need advice

Discussion in 'Credit Talk' started by Pat, Jun 15, 2001.

  1. Pat

    Pat Well-Known Member

    I sent a validation letter (short one) to orig creditor who is showing a pd chgoff on my CR's. They sent me verification.

    I sent a 2nd validation letter (stressing validation) to them. I used the "In the past I have had instances of fraudulent use of my credit info and mixed credit files" line.

    Tonight I had a message on my answering machine from someone in their Corp. Security Division. Who wants to discuss my letter with me. I don't really want to handle this over the phone as the acct is mine.

    Any ideas? Anyone :)
  2. river

    river Well-Known Member

    I would not have any contact over the telephone. Wait for validation response. If no response,then exercise your rights and move to next step. Keep all transactions in writing.This will prevent he said/she said.
  3. Pat

    Pat Well-Known Member

    I definately don't want to call. I imagine she'll try one or two more times to contact me. Maybe she'll give something away in her message. Either way, I have a feeling that she will count the matter as closed at some point of not being able to reach me. Hopefully she will resort back to mail. I didn't think this approach was going to work anyway. Oh well. Soon it will be the only thing negative left on my CR's and I'll just dispute it every month until someone gets tired of me :)
  4. bbauer

    bbauer Banned

    First of all, I'd like to reinforce what you have already been told. Do not speak to them on the phone for any reason.
    It is also entirely possible that in making their phone calls to your home, they may have violated the law. Too soon to tell yet absent more information from you.

    It is likely that your validation letter was a pretty good one. I can't tell if you have left out any of the finer points that go to make up a successful validation letter or not since you didn't post the entire letter.

    The most interesting point is that you say that they verified the account. Exactly what they said in their verification letter is also most important in determining what you should do from here.

    How long did it take them to verify the account?

    Did you receive a statement of acknowledgement from them about your dispute?

    If you do not wish to post this exact information, you can email it to me.

    Who the creditor is can also be somewhat significant.
  5. Pat

    Pat Well-Known Member

    Bill and River: Thanks. I didn't want to call, and I definately won't

    Look at post:

    I have all the letters listed, including the one they responded with the first time. Although the 2nd validation letter I sent was cut down quite a bit due to your advice in the post.

    They verified in about 3 weeks.

    No statement of acknowledgement, just the verification letter.

    The creditor is a large Bank, it was an installment loan.
  6. Pat

    Pat Well-Known Member

    Heres the letter I received from the orig creditor.

    Dear pscully,
    I am writing with regards to your recent letter concerning account number 99999999 which is appearing on your credit report.

    Bigbank has verified the information reported to the credit bureau agencies to be accurate. this is a charge off account for a 1993 Polaris and pscully, ssn 000000000 is the only signer for this account.

    If you have more questions or concerns about this account please contact Bigbank recovery department at 000-000-0000.

  7. wwwdenise

    wwwdenise Member

    If the account was truly yours, why are you trying to remove it by claiming fraud?

    I have an account I am fighting that is truly NOT might. It's been a nightmare. It is a real fraudulent account.

    The creditors probably think I am just someone like you just trying to get out of something by falsly claiming fraud.
  8. bbauer

    bbauer Banned

    Well, Pat, I'm willing to give you some free help if you will email me.

    I've had about enough flames over my ideas already to last a short while at least, so I'm not about to give you any suggestions in public.

    If you don't want to use them, that will be ok too.
  9. bbauer

    bbauer Banned

    If you will look at what she claims to have said, I think you will see that she is not claiming that there was any fraud involved. I didn't use the copy-paste method so that we could easily refresh our memory over what she actually did say, but what she at the very least came close to saying and should have said is something like the following.

    "In order to be certain of the validity of the account I must insist that......"

    The actual wording would depend on the exact situation.
    If one or more collection agencies were involved at any time, would be much stronger for the simple reason that she MIGHT be concerned that she might pay the wrong one in the event that she decided to pay up.

    Where only an original creditor is involved and no outside collection agencies had ever been involved, she would want to change the tone just a bit to say the least.

    While she would never want to make an unjust accusation of outright fraud in any case, she might very well want to indicate that she is fearful that such might have occurred or might occur in the future or that she simply wishes to get a statement from them in writing in order to protect herself from any possibility of misunderstanding or fraud.

    Her sole purpose in doing that is to hopefully lend a bit of reasonability and credence to her request for validation, not to go about throwing out accusations that she would not be able to back up, so one must be careful of the wording and that it fits the situation at hand.

    Obviously, she should have taken care of this matter long ago because the law says that she should make her demands almost immediately upon first receipt of any demand letter from the creditor or his agent. She apparently didn't do that, but judging from the "law of probabilities" just kind of ignored the situation. So now she needs some sort of an excuse to try to "reopen" the situation she previously ignored. She hopes that her having become fearful of the possibility of error or fraud will cause the creditor to go along with her and validate the debt.

    In this case, she got exactly what she wanted regardless of the value or applicability or truthfulness of her statement.
    Although her letter was weak in it's demands, it got the job done and she is now in a pretty fair position to proceed to the next step.
  10. Pat

    Pat Well-Known Member

    Denise, I understand your concern. I didn't claim fraud on this account. I did say that "In the past I have had instances of fraudulent use of my credit info and mixed credit files" in my validation letter. This is not untrue. I have had mixed files and when my wallet was stolen, I did have fraudulent use of my credit info. As Bill later points out (and is right)
    Her sole purpose in doing that is to hopefully lend a bit of reasonability and credence to her request for validation
    Well almost right, it should be Him:)

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