Respose to Validation Letter

Discussion in 'Credit Talk' started by heather, Jul 18, 2001.

  1. Ender

    Ender Well-Known Member

    Heather - First, SOL is base on last activity date.. which is the last time you made a payment usually.. so if the SOL for your state is 5 years and it hasn't passed, then they CAN still sue you and go to court. Whether or not they will go through this process is another story.. because it's a LONG proces for them to file papers, find out if they can take money from you, garnish wages, etc. They would obviously rather settle and give you threats until you pay.

    Second, you have two options.. you can either pay or not. If you decide to pay, make sure that you get something signed from them saying they will be removign ALL negative marks on your credit reports. What this means is that anything regardnig collection agencies must be removed COMPLETELY... not just updated to reflect: PAID... if it's the original creditor, then PAYS as AGREED is fine.. but any type of collcetion company on your report is negative whether it shows as PAID or NOT PAID... so don't settle for them just updating to say PAID.

    If you CANNOT get this agreement from the CA (collcetion agency) or creditor (hospital), then don't pay. At this point, send them validation letters.. there is the first validation letter that LizardKing posted up.. send that, then send the next one after 60 days.. then 90. During this process, dispuet w/ the credit bureus as NOT ACCURATE OR NOT MINE... after the 90 days has passed, you have a choice at this point.. you can either SUE the doctor's office defamation of character, violation of FDCPA and possible FCRA laws or you can directly sue the CRA's.. yoru choice.

    Personally, I would not pay because I doubt they will agree to erase all negatives.. and if you DO pay.. pay at most 30 cents on the dollar. That's my advice..
     
  2. bkshedevil

    bkshedevil Active Member

    Bill B I sent you and email and you never replied to me so why are you telliin persons to email you and you try to help them but never do your not dependable
     
  3. bbauer

    bbauer Banned

    Heather and the group:

    There are some POSSIBLY significant factors here which we discussed by email but is not being brought out here and I'm not going to bring them out here either because it's not my place to do so. Those factors could be significant, not only because they exist, but because they show what a fine person she is. NO KIDDING. I'M DEAD SERIOUS WHEN I SAY THAT.

    Those who have not spoken to her as I have do not have the insights into her character and upbringing that I now have.
    I know where she is coming from and why. She has her special circumstances and considerations which I very well understand and concurr with.

    While it is a POSSIBILITY that under different circumstances, she MAY (or may not) wish to deal with her situation in a manner more consistent with the feelings of many of you folks, but in this particular situation at least , she personally feels pretty well bound to make good on the debt if she can at least get some consideration from the other party.

    All of you know full well that I do not NORMALLY advocate paying them a crying dime. I started out that way with her in private email until I learned about her special considerations. Then I had to change my mind. That just goes to prove that there are exceptions to every rule, special considerations which can change the way one would normally do things.

    For Heather, this is one of those situations and she must deal with it howver she sees fit. She is just trying to sort out her feelings and examine what possible avenues she may have open. Let' s do our best to help her reach those conclusions without making judgemental type observations about her.I'll promise you she's a fine person and will do whatever she thinks is right for her. Let's let it be at that.

    Now then.

    I told her that her husband is head of household and as such is legally responsible in any court of law regardless of who signed the bill or the invoice. He can only deny responsibility if he publishes denial of responsibility in a publicly circulated newspaper, and he obviously has not done that. So he can be held legally responsible for the debts of the family no matter what they may be.

    Anybody care to argue about that? Hey! Be my guest. I'm not going to get mad if you disagree with me. I'm not a lawyer, but the above is what I have been told by a lawyer.

    If I'm wrong, so be it.
     
  4. breeze

    breeze Well-Known Member

    Right. The question of SOL was just a bargaining tool anyway, in this case, since she said she wanted to pay it.

    Bill, I agree, advise people in line with their values. That was why I asked what she wanted to do.

    So are you gonna help her get it settled? I mean, I would still try to get them to delete in exchange for payment. Like I said before, she has the money they want. She can negotiate.

    I think they would rather settle than sue...who wouldn't?

    breeze
     
  5. bbauer

    bbauer Banned

    bkshedevil.

    Please accept my apologies for not getting back to you.
    I did not ever see your email or I most assuredly would have.

    I have no idea why I did not see it. It may have gotten messed up somehow a few days ago when SWBELL DSL service was all messed up an not operating properly.

    It may have been because I get such an outrageous amount of junk spam mail from all over that I did not recognize the subject line and accidently deleted it.

    There are a ton of reasons why, but if you will forgive me and send me another one, I will surely get back to you.

    Please accept my most humble apology for whatever happened.
     
  6. heather

    heather Well-Known Member

    I would just like to say thank you to Bill, he helped me out enormously by email. And no, he did not try to sell me anything or try to promote the Credit Wrench. I was the one who offered to pay him.

    I am going to speak with them about payment in exchange for deletion, this is $1000 we are talking about here. If they don't go for that, then I will take it up with the physicians group. If it was any other account I would go for what Bill has suggested, but there are some personal problems that I have with this account and I just cannot go forth that way. Bill understands my reasons for this, and I do appreciate it.

    I would also like to say that Bill impressed me enough that I will be hiring him to do some other work on my credit reports that I have been unable to get done on my own. Thank you Bill.

    Thanks to Lizardking for posting the validation letter, I wanted this to turn out to be an easy thing, and it wasn't. I will use that for some other things.

    Thanks breeze, I also appreciate all the time you spent answering questions today.
     
  7. NanaC

    NanaC Well-Known Member

    Bill, I think your words on Heather's behalf were most honorable...I do also have to state that we might want to give that some kind of consideration to everyone posting here..and, to use your words, Bill, not judge ANYONE..you are so right!

    Glad you are getting the help you need, Heather!
     
  8. breeze

    breeze Well-Known Member

    You're welcome :D

    breeze
     
  9. bkshedevil

    bkshedevil Active Member

    BBaur,

    I accept your appology I will forward the email to you again it is stated Validation from and aol account.

    Thanks

    I thought you were just blowing me off
     
  10. breeze

    breeze Well-Known Member

    Right! I think when some folks first start reading this board, some psychological mechanism inside their heads says, "oh how awful!! I am not like that. What happened to me was different..."

    ...a kind of denial, I suppose. But the things that get us here can happen to anyone. It's all "black and white" when it's someone else's credit, it's a light shade of gray when it's our own, LOL.

    breeze
     
  11. bbauer

    bbauer Banned

    Breeze:
    **********
    But the things that get us here can happen to anyone.

    Naaaahhhh! It always happens to the other guy. (LOL)
    *********
    It's all "black and white" when it's someone else's credit, it's a light shade of gray when it's our own, LOL.

    Or maybe it's like the old Quaker whose wife was commenting on how queer all the neighbors seemed to be. Always doing or saying queer things.

    He replied, "Everyone is queer except me and thee, and sometimes I wonder about thee.

    LOL
     

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