Re: Re: Re: Re: Re: Re: Paid collec Since nobody seems to have an answer, here is what I am going to do based on reading 400+ paid collections articles on the site: 1) Send nutcase letter #1 to the CA's asking for deletion and validation of the debt without saying what is the problem. 2) Order credit reports from the CRA's and see if there are FTC violations due to the CA's pulling without PP. 3) If there are violations, file ITS + settlement for deletion, and followup with lawsuit in small claims for $1,000 per violation + deletion if they don't send UDF based on ITS. 4) If the CA's ignore the first letter, send nutcase #2 and #3, then ITS. 4a) Send CRRR copies to CRA's and tell them the CA's are not reporting back to me if they continue to ignore, tell them to delete based on this information. 4b) Sue the CRA's if they refuse to delete or provide me specific details of the validation of these debts, including their entire process of doing so. I have a few 90-day late payments as well, which I will be sending goodwill letters to. Hopefully I'll have a story to tell you all.
Re: Re: Re: Re: Re: Re: Paid collec I am having the same dilemma as you. I can give u my email address and we can keep in communication and let each other know what works and what doesnt. So did I understand correctly that the OC cannot delete the CA's tradeline?
Re: Re: Re: Re: Re: Re: Re: Paid co I have no idea, really. The CA can make modifications to the TL from what it looks like, but maybe they are just reporting to the OC. It's really confusing, so I'm going to do some more research and find out, since no one here seems to have updated information.
I am on the phone with Bank of America, who says they are the ones that report, not the CA's. In this case, I need to validate with the OC's, not the CA's, is this correct (for anyone who might be reading this)? Disputing with the CA's and filing nutcase with them since these are PAID collections seems to be irrelevant, since I do not have collections marks on the CRA reports - only the original tradelines that report as "charged off" or "paid settlement." I hope someone can assist me with this.
Kyle-- thanks for responding to my other thread. I'm pretty sure you have to go after the OC's. Myself, I was hoping to file goodwill letters at first since by paying the debt I acknowledged its validity. However, by sending these I think I destroy any future recourse, i.e. the nutcase routine, since in response they'll produce my saccharine letter viz. allocution. If I invert the plan (nutcase first, then goodwill if ignored) they'll all burst their balls laughing. I don't know, man, I think we're screwed-- I got into a really good graduate program but no one will give me student loans!
Thanks for your response. I am going to file validation letters with the OC's and see what happens - I didn't file goodwill with them yet, so I'll let you know how it works out. I am not sure what the procedure of filing against an OC is, but I doubt it is much different than a CA. Regardless, I will provide the evidence to the CRA's who might delete the TL's because of insufficient evidence. If they don't, I can always file ITS against them.
You want certainty of removal, when if they are reporting correctly, and they keep their records in order, it is really their choice how much trouble they want to take in handle your disputes. If your strongest hand is to bluff, then you run the risk they call your bluff. You may not want to go all the way to court if you can't in good faith state a claim. If the CA is reporting, they may remove. They might not want to take the risk that they made a mistake. There is no up side. If they were assigned the account by the OC, they might also remove at the OC's direction. The OC directing them to leave it would not relieve the CA of the obligation to report accurately. If you have something stronger than you paid it but you want it off, and not just marked as a paid collection, you may be in a better position to negotiate.
From what I can tell, these CA's were given the accounts by the OC's under their guidance, therefore, the OC's are the ones I have to go through. That kind of sucks, since there's an extra layer of bureaucracy that won't trip them up. I am going to file nutcase against all the OC's and then hope for FCRA violations by PP violations when they pull my credit report on paid accounts. When I have violations, then I can easily file ITS with more than "I paid and just want it deleted" reasoning - I have $1,000 per incident judgement on my side. As soon as I get some free time (later tonight, tomorrow afternoon) I'll draft my letters and upload them here for your viewing, plus my comprehensive strategy and log of actions. Never give up, guys.
By filing validation letters won't you simply get the original contract and all the statements ending in the charge off/bad debt? What next? I can't believe the situation I'm in! Does it really mean that since these marks are going to stick I'm ruined for the next seven years of my life?! There must be a way for these creditors to reduce the impact of their reports on my credit. I don't imagine they're going to erase all history of these mistakes-- but they got their money! From what I'm reading, I would have been better off if I never paid them and fought them tooth and nail instead! I didn't even think of negotiating over a TL-- I just wanted my dignity back, and at the time, I thought this process involved paying those I owed. Never did I imagine that by giving them full payment I was forfeiting my right to a dignified credit image. Anyone reading this-- please advise!
Negative information stays on your reports for 7 years from the original delinquency, not 7 years from when you finally paid. Paying does not reset reporting time. "I am going to file nutcase against all the OC's and then hope for FCRA violations by PP violations when they pull my credit report on paid accounts." You might create enough confusion between the OC and CA, that the OC might pull your reports to see what the CA is reporting, but what if they do not pull your reports? No PP violation.
Maybe you'll get the original contract - but it's likely that they will fail to send it in time (30 days). Send the CRA's all the records you have of the disputes and validation requests, and they will have evidence of negligence, possibly convincing them to take off the derogs. I know, I am in really bad shape here too, despite paying back all my debts. I never thought about negotiating for deletion and that kind of stuff of course. It's just not fair, and I completely agree. We live in a completely different age than 2002-2003 when all this validation worked, so I will be blazing the new trail. Hopefully we can all learn from my blunders and experiences.
i may have found something... according to section 808 of the FDCPA, (2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. so if i preauthorized payments and they did not notify me in writing before withdrawing the funds, $1000 for each withdrawal. or remove the tradelines. I gave my account number so they could withdraw two payments 1 month apart, to pay on 4 accounts. (same CA) I dont know, just another angle. Would the burden of proof be on me to show they didnt. (thats impossible) or them to prove they did send it?
Interesting. That is certainly possible. See if they can send you copies of those pre-authorized agreements, otherwise you probably can sue them on that technicality. I am going to look into this myself, thanks.
I set up payments through a company to pay off two student loans via direct debit from my checking account. I wonder if this counts?
Hi, Always; as you can see I'm a newb. I'm hoping you can answer this: I have 6 Zero Balance accounts, so I'm assuming they're considered charge-offs becasue I didn't pay them and some were sent to CA's (which I am now trying DV with, and most of thsoe are paid or being paid, which might be a whole 'nother issue). My question is: does not showing up on all three bureaus count as 'unequal'? Such as, a student loan being on only one bureau? Or does there need to be an actual inconsistency between the same report on more than one bureau? I have a recent tri-merged report so I can't see smaller inconsistencies on it. The other question - these 6 charge off's are all OC's. What's my course of action? Last report dates range from 8/01 to 7/02 and one at 3/05. I am scouring the boards but finding things that seem conflicting so I'm confused. If it is relevant, my SOL here is 4 years; where I used to live it was 3 years for verbal and open-ended and 5 for written and promissory. Thanks in advance.
Does anyone that was trying to get these paid collection accounts removed have any more information? Any tips on things that worked/didn't work?
from kyleb I must agree that when I was reading everything here that I could to become educated, and when I came across this thread a long time ago, as I read this thread, I, too, became more confused and ended up with no clear answer, like Kyle. At times, there seemed to be clear information, but it also seemed to be a little piece here and there. At other time, there was information that conflicted with other indormation, and no clear final solution. I was hoping this would help me, as I also have accounts that have been paid and am trying to remove. After some posts of gathering specific information, it would be most helpful to list an order of what to do - a plan. I think many people have similar situations and a good thread with a detailed plan and explaining the rational of why this may work (which I did see some of that here, and that was great) could help many people who look here for help on the same topic. It could become a sticky for learning, so there are not as many repeated questions that may bother some. From information I have gathered along the way here and there, I am taking the approach of putting the CA's (or OC's) through the paces until they decide I'm a bother and delete. In so doing, I am gathering documents so that I may use legally later, if need be, though I hope it doesn't come to that. The only things I have now are 3 paid accounts. I wrote a DV letter and just sent them yesterday. (I was hoping to get that DV letter apporved by someone here, but as you can be that thread, 1 person offered to help, and I appreciate it and we have shared info, but it would have been nice for others to offer assistance) Since they are no longer collecting (it is paid) I may or may not get something back, but if I do, it will be documentation. In about a week, I plan to file dispute #2 with CRA's (it has been 30+ days since I got my last dispute results.) The CRA's will ask the CA to validate, which will be the 2nd task for the CA is a short time. I hope they delete to have me go away. I will also try the FTC/BBB complaint, but not sure when to use that. All of this is collecting documents, that I did one step at a time. If need be, I'll go to the ITS letter, or maybe nutcase, but I'm leaning towards ITS to get a final answer. Hopefully I'll get the deletions before then, but that is my plan. If anyone would care to advise on this for the benefit of all who have this issue, it would be much appreciated. It would be great to give a list of how to approach removing paid accounts: 1. 1st step 2. 2nd step 3. If the CA does this, then you do that. Etc.. I can let people know how things worked out for me and hope that helps. I do appreciate anyone who has helped me to get this far, and I want to try to help others whenever I can, though I still feel I have much to learn. I think mostly that people try things and share it here and we can all learn that way.
