Credit repair

Intent to sue sample letter

CMBV22 — Mon, 09 Jun 2008 06:29:26 +0000

Intent to sue sample letter

Forums

CMBV22 Mon, 06/09/2008 - 06:29

I noticed an intent to sue letter. Here is the one I use. Enjoy

anthony

Thanks CMBV for your post. I think this sample letter will be of great help for most of the forum members who face such problems. Hope you will put more resource in this forum.

Fri, 07/04/2008 - 10:09 Permalink

goodnatured

I think that it would be really helpful too.

Sun, 07/13/2008 - 23:24 Permalink

erb1953

wow, what a letter, giving it right back to them huh, I like this letter.

Thu, 07/17/2008 - 03:03 Permalink

fireyone

I would hope this letter would do the trick. I just can not believe people can continue to stronghold another person by not validating a debt and just leaving it there to effect someone as long as they do. Good natures, wasn't a company doing this to yourecently by threatening a lawsuit but failing to get a court date? How long can they continue to do it and doesn't that SOL clock quikt runnung when they do? So they could leave you lingering for years. Sounds unreal to me.

Thu, 07/17/2008 - 16:00 Permalink

Justin

I think that if the collection agency do not respond to the debt validation letter within 30 days of the receipt of your letter, you are in the safe side because even if they sue you to the court, you can show the proof to the court that you have asked for debt validation which they did not provide you. But if they disturb you regularly without validating your debt, you can definitely file a lawsuit against the company.

Fri, 07/18/2008 - 11:20 Permalink

fireyone

I guess either way it leaves you in the good. I am seeing how debt validation is a good thing.

Fri, 07/18/2008 - 12:17 Permalink

CMBV22

It's a great tool. If my printer was alive I bet it could resite DV letters and FCRA statues in it's sleep!

Sat, 07/19/2008 - 06:36 Permalink

goodnatured

Participating and sharing your experience generates conversation, that is how I learn.

Mon, 07/21/2008 - 03:07 Permalink

fireyone

Here to. I still get confused. Like the answer I get for when the sol clock starts. I get two different answers. 1. soon as the first payment is missed and 2. 180 after the first payment is missed. Do you know which one it is?

Tue, 07/22/2008 - 00:42 Permalink

CMBV22

I believe the legal def is 'the date of last mutual activity' which is considered 180 days after the last payment

Tue, 07/22/2008 - 07:16 Permalink

fireyone

Hey Cm, I did a little checking and found that it is suppose to vary by state. Some start SOL with the 30 days and others with the 180. It doesn't give where you can go to get those listing. It just says refer to your state SOL rules. Where could I get PAs.

Tue, 07/22/2008 - 18:04 Permalink

CMBV22

I tried to find somewhere that gave a firm answer (Google seems to have failed me ) and the general opinion I saw was this:

When does the Statute of Limitations start?

You might be asking yourself, "It has been such a long time since my "open account" has had any activity. When does my Statute of Limitations started ticking." The statute of limitations (SOL) is calculated by:

Take the date you last made a payment and add 6 months to this date.
Add the number of years of the statute of limitations in your state.

Example:
You last stopped paying on a credit card on Jan 15, 2001. The statute of limitations for credit cards (usually regarded as open accounts) in your state is 6 years.

The date at which you are "safe" from having a creditor sue you over this debt is:

Jan 15, 2001 + 6 months = July 15, 2001.
6 Years + July 15, 2001 = July 15, 2007

Therefore, a creditor cannot sue you for this debt after July 15, 2007

Wed, 07/23/2008 - 09:03 Permalink

goodnatured

I had one file a summons just weeks before the statute of limitations expired, these creditors do keep an eye on things, just because you have not heard from them does not mean that they have dissappeared. Just as we as consumers watch the sol, so do some of them.

Wed, 07/23/2008 - 23:16 Permalink

fireyone

I'm sure you are absolutely correct their good natured. Wouldn't I have recieved some kind of letter of phone call by now if they had done anything. I was thinking mine expired in May. Hopefully I am correct and they aren't doing anything else cause that was the last one I had to worry about.

Fri, 07/25/2008 - 00:02 Permalink

CMBV22

Just keep an eye on your CR I am sure that GN is correct that they would have tried to contact you if they were going to attempt to collect. Many times when CAs buy debt they buy it in chunks with many other ppls debt. Occasionally, accounts slip through the cracks and the CAs miss their chance to sue or, the account was sold without enough proof to win a small claims case. Other times the amount due just isnt worth filing a suit and paying someone to show up at the courthouse to argue with you.

Sat, 07/26/2008 - 00:33 Permalink

fireyone

Thanks. I am going to check my CR here shortly cause at the end of July I have one that is suppose to fall off and I want to make sure that it does. Hopefully this is a nightmare that will soon be over.

Sun, 07/27/2008 - 00:40 Permalink

fireyone

I sure will. Plus the stress of worrying about the SOL. Had I not run into such misfortunes as of late I would have gladly paid them to go away.

Mon, 07/28/2008 - 14:33 Permalink

erb1953

Now once you are out of this mess, try not to get back into it. You have learned a hard lesson as we all have. Stay away from the credit cards. LOL

Tue, 07/29/2008 - 03:02 Permalink

Anonymous (not verified)

That is actually my goal. Get rid of the couple cards we have. We will keep the discover because it seems a major credit card is always needed,whether it be for car rental, equipment rental or emergencies. All I gotta get rid of is Lowes and discover. Those were aquired from falling short on money to complete our home so we could move in. Someday I want to look back and say "glad that is over with"

Tue, 07/29/2008 - 11:56 Permalink

fireyone

Tue, 07/29/2008 - 11:57 Permalink

CMBV22

While I can understand why you would want to get rid of all of your cards after bad experiences; I will advise that you still keep some tradelines open to maintain a good credit score. Credit is becoming more and more important everyday for jobs, and housing in addition to finicail needs.

Wed, 07/30/2008 - 19:09 Permalink

erb1953

I agree, just take the best ones and keep them.

How many credit cards should one have at any given time?

Thu, 07/31/2008 - 10:16 Permalink

fireyone

This is what I heard and I do agree. We have a couple dept store crds like Lowes and sears. I want to be rid of those two just because it is too easy to use them. Basically anything we would buy there at this point would be a want and not a need so I don't want the temptation.

Thu, 07/31/2008 - 12:26 Permalink

carol

What I think is that using multiple credit cards actually increases our problem because it becomes very difficult to keep track on our spending. Moreover we need to pay annual fees for all these cards which add to our debt. So I always prefer to use only two credit cards. If you have too many credit cards, what I think is that you can close the newer ones rather than closing the older ones because the old ones add to your credit score.

Mon, 08/04/2008 - 06:59 Permalink

goodnatured

I personally don't have any, I had a few a couple of years ago and got behind on them, as you said it gets so confusing. I ended up paying out the ying yang for fees and charges and eventually had them closed out.

Mon, 08/04/2008 - 21:03 Permalink

CMBV22

You might want to consider getting a gas card to improve your credit and get a few cents off per gallon of gas. Personally, I sit down each night and pay whatever I put on my gas card online. That way you keep your balance down and don't get charged intrest on the purchase.

Mon, 08/04/2008 - 21:19 Permalink

goodnatured

My credit is aweful right now, I don't know if I could get one right now.

Mon, 08/04/2008 - 21:25 Permalink

erb1953

I use my grocery store to get fuel perks, through giant eagle, I figure I have to buy groceries anyway, may as well get the fuel perks, they also give you fuel perks on your prescription medicine.

Thu, 08/07/2008 - 23:15 Permalink

fireyone

I just don't like the big bird much. I find that their prices are way abve Wally worlds. I can not get as many groceries there with the same amount of money. Of course I live closer to wal mart than to Big bird but even if i did I don't think the fuel perks would add up to the money I saved.

Fri, 08/08/2008 - 00:47 Permalink

CMBV22

GN Many times the gas cards are easier to get than normal CCs. If you don not think you would be able to get one you could always get a secured card.

Sat, 08/09/2008 - 07:37 Permalink

goodnatured

Are gas cards intrest any higher than the others or do they run about the same? I have never had one before?

Sat, 08/09/2008 - 09:48 Permalink

fireyone

Thats a really good question Gn. My only fear of having a gas card is when we hit those really really rough spots in the winter. It would be toooo easy to charge it. As I said on other posts I just want to go down to one and leave it at that.

Sun, 08/10/2008 - 02:06 Permalink

goodnatured

It is slowly falling, it will find an even keel and stay there for awhile and then fall a little again. Even at where it is now, I an not imagine how people will do the fuel this year, unless the government steps into help. While they are at it, they need to increase the income limits for these programs, it is not only affecting those at poverty level, it is putting those working families in danger of choosing to eat or heat. Hopefully they will take a hard look at this.

Sun, 08/10/2008 - 04:01 Permalink

fireyone

Problem is gn they don't step in to help everyone. I just heard that they are pushing for more funding for the liheap program they run in this state. they say it will give the low income a few more dollars for fuel. We have middle income here and I don't know how we are heating this year. So I agree with raising the incmoe level.

Mon, 08/11/2008 - 01:56 Permalink

goodnatured

I am getting a new out door furnact her in September, then I will get my two loads of coal for the winter.

Mon, 08/11/2008 - 02:28 Permalink

fireyone

That is something I am really going to look into if I ever see any money from this lawsuit. We recently moved and had to do alot of clear cutting. We have enough wood that can provide free heating and my hubby works in the coal mine and they are entitled to some free coal a year. If I weren't already swarmed with debt I would do it this year. My bro wants to hook up a bioler system he has been saving for us but it doesn't look the best (could just be me). Plus it would costs quite a bit to get the heat into the house. I really don't have the funds but I wish I did.

Mon, 08/11/2008 - 13:21 Permalink

goodnatured

You would be better off heating with it, especially if you have the access to the wood and the coal. You said that you moved out into the woods, if you don't like the way it looks, then build a building around it to cover it or just put up a wall, it would drop your heating costs drastically, we only had between 400 and 500 into heating for the entire year, that is heating all the hot water in our house too.

Tue, 08/12/2008 - 01:44 Permalink

fireyone

I planned on covering it. The problem is it is estimeted that I would need close to a grand to hook this all up. I doubt it will happen this year. Really I don't spend anymore on my fuel furnace but 1 tank of kerosene. Last year it cost roughly $650 to heat. My bro was really surprised. He thought since it was a type of trailer it wouldn't have much insolation. He was surprised when he seen it was insulated better than his house. He He

Tue, 08/12/2008 - 16:27 Permalink

goodnatured

Wow that was good, I know a lot of people that spend three times that amount, I know I would not want to be paying these prices but your cost was not that high.

Sat, 09/06/2008 - 00:56 Permalink

fireyone

Thats true and alot of people don't think these homes are that heat efficient. They tend to think of the older models. I really can't complain. I still would like to get the outdoor furnace since we cleared a lot of trees it would be free heat for a few years plus a load of coal my hubby could get at the mine.

Sat, 09/06/2008 - 01:49 Permalink

goodnatured

If your husband works in the mine then you should get an outdoor furnace. The hook up would depend on how far you put it a way from your house, you need to put water lines in to feed the furnace and a heat exchanger under your furnace. You will get your money back in a few years, you can burn anything in it.

Sat, 09/06/2008 - 23:05 Permalink

fireyone

I am going to get one I just have to wait until the money magically appears. I refuse to make anymore bills until I have all the others aquired from moving here.

Sun, 09/07/2008 - 00:48 Permalink

goodnatured

That sounds like a good plan fireyone, especially since you are so stressed out about it, pay off what you have there is always next year right.

Sun, 09/07/2008 - 02:32 Permalink

fireyone

Yes. And the year after. I seriously want all these bills gone first. So even if it takes longer I figure it really isn't costing that much to heat compared to payments on another loan.

Sun, 09/07/2008 - 13:50 Permalink

goodnatured

I have some that I can not wait till they fall of my report, 2011 is not that far away, I will have a celebration when that day comes.

Mon, 09/29/2008 - 03:13 Permalink

fireyone

It really isn't that far away. All our accounts are up to datge but this economy thing scare the shit out of me and I am always afraid that soemthing is going to happen and we fall off the credit boat again. I like to believe my hubbys job is secure but with the way things are looking is anyone safe. I see they are expecting a credit freeze and all I can think is LOWES, LOWES LOWES. If they do that then how am I gonna transfer the debt?

Tue, 09/30/2008 - 12:38 Permalink

goodnatured

What do you mean by a credit freeze? Is it where they don't let anyone use the credit card that they have for that store? That would be dumb on their part. Alot of people use store cards to get what they need and want. I would think as long they are making their monthly payments on time let them do what the original contract states. Hope this does not start happening cause this is not good for the company or the economy at this point in time.

Wed, 11/12/2008 - 19:15 Permalink

fireyone

No not freeze an actual card. They will not give out any new credit cards and not increse the limits on the ones who hold credit cards. In a sense the credit card companies goes into self-protect mode. I actually think this is what happened on your post "card closed by company". You had mentioned that someone was asked to pay their entire card balance upfront since they were making no charges for a peiod of time. Yes this is worse for the economy but you have to see their side of it a little. It would be like you knowing you were losing money in the stock market with not as much chance of gaining it all back.. POeople are really defaulting on credit card debts so why would they increase limits and extend new credit?

Wed, 11/12/2008 - 23:10 Permalink

Firang

POeople are really defaulting on credit card debts so why would they increase limits and extend new credit?

why do banks do this? because they want new business.They can't just really identify who is a gentleman at a first sight.

Although they expect strict code of conduct when they deal with defaulters but surely these defaulters are really smart and thus even sometimes outsmart all their (banks) efforts.

what else they can do?

:arrow: :arrow:

Sat, 05/16/2009 - 16:56 Permalink

1INSANE1 (not verified)

COPY

How come I can not copy and paste this form? I need to use this for a student loan that I paid in full yet they charged it off. Its with SLM. I kept bank statements showing payoff and letters to there collection company. Per the collection company there info is suppose to fall off by 5/21 however SLM is still showing charged off on my credit report.

Tue, 05/19/2009 - 12:24 Permalink

Sample debt validation follow-up letter

CMBV22 — Mon, 02 Jun 2008 09:04:20 +0000

Sample debt validation follow-up letter

Forums

Credit repair

CMBV22 Mon, 06/02/2008 - 09:04

A Debt Validation Follow-up Letter is sent to the collection agency when they fail to respond to your debt validation request. It is a way to remind the debt collector of your initial validation request. You can use this letter only if you had previously sent a debt validation letter to the collection agency. This letter can also help you get rid of the item if not validated.

Sample Debt Validation Follow-up Letter

Your Name __________
Your Address __________
Your Phone # __________

Collection agency's Name _______________
Department _______________
Collection agency's Address _______________
Date __________

Dear Sir/Madam,

Re: Account Number_______________

This letter is to inform you that I had mailed you a debt validation letter and it been ___days (mention the days) since my request for the documentation of this account. According to Fair Debt Collection Practices Act (FDCPA), I have the right to seek validation of this debt and you are required to provide me the documentation of this debt. However, unfortunately enough I have not received any reply and documentation except the confirmation that you did receive my validation request.

I have also received verification on this account from the credit bureaus and this account has been listed on my credit report. But, according to Federal Trade Commission (FTC), reporting a collection account is a collection activity. So, you are now in violation of FDCPA and subject to a fine of $1,000 as you have not validated the debt till now. I can collect the fine by filing a lawsuit against you in the small claims court. I do intend to follow up with this if I fail to receive a reply from you within 15 business days.

If you can't provide documentation of this debt, you should request the credit bureaus to remove this item from my credit report and update my report accordingly. Otherwise I will have to file complaints with the FTC. State's Attorney General and the Office of Consumer Affairs.

Looking forward to hearing from you.

Sincerely,

Your Signature ________________

Your Name ________________

scott

Hi CMBV22
Thanks for posting this wonderful letter. It is a very good contribution and I hope this will be of great help for others in the forum.

Mon, 06/02/2008 - 09:24 Permalink

August

I need a letter like this right now, I have found a few good examples in the debt forum also, I will customize it to my own information and send it out, thanks for putting an easy to follow example here. appreciate it.

Tue, 06/03/2008 - 01:43 Permalink

fireyone

With some research, editing and sample letters from the forum you should be sure to find one that fits your needs. Good luck,

Wed, 06/04/2008 - 00:18 Permalink

sdchargers_63

letters

I JUST got a chance to look at this letter. WOW!! Really 'to the point' and I know it will help me.

Sun, 06/15/2008 - 13:47 Permalink

goodnatured

There are some really good examples on here and the other forums as well.

Mon, 06/16/2008 - 03:13 Permalink

anthony

Hi CMBV
This is really a wonderful posting. Hope that somebody would make the letter sticky, so that it always appear at the top.

Mon, 06/16/2008 - 07:02 Permalink

sdchargers_63

credit

If a CA doesn't respond to a Validation letter, with in a certain amount of time, can you gt the account deleted from your CR? Of course..sending a letter to the CB's, stating this fact?

Mon, 06/16/2008 - 09:38 Permalink

goodnatured

Have you done this before and has it been successful?

Tue, 06/17/2008 - 10:45 Permalink

CMBV22

sdchargers_63

I am having quite a bit of fun with Experian over that very fact. I have sent this one credit solutions corp a letter every 30 days since march 8th. They havent responded once but, they have signed for each letter. I disputed the listsing w/ the CRAs since it was unvalidated. So, TUC & EQF remove it but experian says they verified it. So, I sent them a MOV letter and here I wait. If they dont respond to that I guess I will be calling the FTC and AG

Thu, 06/19/2008 - 01:10 Permalink

goodnatured

Isn't it funny how one can say that they verified, while the other two did not and how much more will the two of them are to work with you, but equifax won't. crazy huh.

keep us updated. Have you posted a sample of what you sent them? I would be curious to see what actually works with them?

Thu, 06/26/2008 - 05:12 Permalink

erb1953

Powerful letter, I would definately consider using this one.

Thu, 07/17/2008 - 03:10 Permalink

fireyone

I think the whole thing is a crazy nightmare. How such companies can hold such a threat over someones head. I think they need to follow some rules and if something isn't validated in 30 days they should get it off the report instead of letting it linger there. If a company does validate can you have the proof sent to you so you can see for yourself or do you have to just take their word for it?

Thu, 07/17/2008 - 15:33 Permalink

Justin

Yes, I too think so fireyone. If the collection agency do not reply to your debt validation request within 30 days from the receipt of the letter, there is no need of sending a letter to them again. This is time consuming. Instead we can directly dispute the listing with the credit bureaus and get it removed from the credit report.

Fri, 07/18/2008 - 09:31 Permalink

fireyone

I hear disputing with the credit bureaus is sometimes hard to do too. If they don't respond shouldn't the bureau have no problem removing them?

Fri, 07/18/2008 - 12:38 Permalink

CMBV22

It's not that bad. In my experience Experian is the hardest to dispute with. Most of the time if the CRAs don't give you what you want with a disute a MOV request gets it.

Sat, 07/19/2008 - 06:29 Permalink

fireyone

Ok so what is a MOV? I have probaly heard of it but not enough to recognize the aar.

Sat, 07/19/2008 - 13:02 Permalink

goodnatured

I have never heard of a MOV either, what is it?

Sat, 07/19/2008 - 22:12 Permalink

fireyone

Everyone should get together and make a page on abbreviations. It would be something we could refer to.

Mon, 07/21/2008 - 00:47 Permalink

goodnatured

I agree some of these I just don't know

Mon, 07/21/2008 - 03:03 Permalink

CMBV22

Method of Verification, The FCRA says that if a CRA claims to have validated a debt you have the rigt to request MOV or to have them send you the information they recieved within 15 days of your request. This is helpful since most times they dont validate properly and when called on it with a MOV request then usually delete the disputed listing

Mon, 07/21/2008 - 18:13 Permalink

fireyone

Thanks for clearing that up. It always makes sense once you see the answer.

Tue, 07/22/2008 - 00:55 Permalink

Optimist

So, would it be better to start with the MOV to validate your debt instead of the CA? Would you assume that if the Credit Bureaus cannot validate your debt neither would the CA?

Sat, 08/22/2009 - 06:42 Permalink

Optimist

And... another

And another letter....

Check from the link below:
http://www.creditmagic.org/repair/debt-validation-proof.html

Wed, 08/26/2009 - 23:24 Permalink

mrryanspace (not verified)

I'm a little confused.

If a collection agency doesn't respond to a signed debt validation letter, I was under the impression from reading the forum that meant the debt was to be removed from a credit history. Why does one need to send multiple DV letters to a CA, and why, for that matter, does one need to send this letter?

Thu, 10/08/2009 - 00:34 Permalink

Ruthie

Thankyou that was a very powerful letter. Legal and to the point. Is it ok if I use it? I have three different collection agency's trying to collect the same debt. And I don't even owe it. I sent it to all three credit bureaus and they said it is valid. So here I go again. How long can they keep trying? I have some that are 8 years old from a phone bill I never had with AT&T.

Sat, 10/17/2009 - 01:58 Permalink

foreverandever

I sent a DV Letter to Palisades Collection L.L.C. a few months back and was recieved a letter in return stating they were stopping collection activities while the debt is in "dispute". its been over 90 days and have heard nothing from them. Should i send a letter like this one to them and see what happens or should i wait? Any advice is welcomed!

Sun, 05/09/2010 - 19:59 Permalink

foreverandever

By the way, i think this is an awesome letter!

Sun, 05/09/2010 - 20:11 Permalink

foreverandever

Hey CMBV,

Found this webpage that might give you a little more ammo for your next letter.

"http://www.educationcenter2000.com/debt_collectors/your_right_to_valida…;

Sun, 05/09/2010 - 20:48 Permalink

henry123

I can say that this letter can be beneficial in many cases.
Refinance Home Loans

Mon, 08/16/2010 - 10:22 Permalink

Aaron

debt validation

Hi foreverandever,

Thank you for sharing such useful information :)

Thanks,

Aaron

Mon, 08/16/2010 - 11:23 Permalink

saalanghae

Question for CMBV22 and others

CMBV22 wrote

I'm in the same situation with you and about to send a dispute letter to CRA. Do you happen to have a sample letter to CRA and maybe MOV letter to share, if you don't mind?

Thank you in advance

Wed, 08/25/2010 - 17:35 Permalink

Aaron

dispute and MOV letters

Hi saalanghae,

You will get a sample dispute letter and an MOV letter with this community at http://www.creditmagic.org/repair/dispute-letter.html and http://www.creditmagic.org/repair/verification-letter.html .

Hope this helps.

Regards,

Aaron

Thu, 08/26/2010 - 09:36 Permalink

Ruthie

Debt Validation

I have sent a validation letter to a midland credit and collections on three different occassions, and I have also sent one to the credit bureaus as well. I have not recieved a response as of yet and the first one was about a year ago. I can't get an apt., or a job unless this is removed from my credit file. I have no idea who these people are or what this acct. is from, any suggestions? All my validations are by registered and certified mail . How do I get this removed, this is not my debt. Ruthie

Thu, 11/04/2010 - 13:59 Permalink

SimoneAngel

Collector ignored my debt validation request letter

I received a notice saying if I didn't respond in writing by requesting validation of debt, the CC would assume debt was valid. I did send a request by certified letter well within the 30 day period.

This morning I received a letter saying " Your regularly scheduled payment is now due according to the terms you arranged with our office..."

I NEVER arranged anything with them. How do I respond to this?
Thanks!

Thu, 04/21/2011 - 20:42 Permalink

peter michaels (not verified)

Letter to credit agencies

Hello, I sold my house, what letter do I send to the credit bureaus to make sure that nothing will show up on my credit after I transfer the grant deed?

Thank you,

Peterdmichaels@gmail.com

Tue, 05/29/2012 - 17:56 Permalink

Garth (not verified)

Student Loans

I was just wondering if student loans could be requested for validation and if it would do any good?

Wed, 11/28/2012 - 07:04 Permalink

creditcard1

Very nice, You have explain it very nicely. Easy to understand.

Tue, 02/04/2014 - 04:35 Permalink

crorkz matz (not verified)

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Michelle34 (not verified)

Dude

If i send the follow letter and not receive response, what can i do next.

Sat, 12/05/2015 - 15:48 Permalink

LaRaya (not verified)

Debt Validation

Hi Carol,

After I send out the validation letters and then the follow up letters if the company fails to respond what do I next? Do I send something to the credit bureaus or try to get the company to remove it from my credit report?

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Wed, 10/03/2018 - 22:15 Permalink

Credit Bureau dispute letter

CMBV22 — Mon, 02 Jun 2008 09:00:09 +0000

Credit Bureau dispute letter

Forums

Credit repair

CMBV22 Mon, 06/02/2008 - 09:00

I have a couple questions/ starting points,

1) who made the mark on your CR was it a CA or the OC?

2) can you get in writing the dates that the office was in network and the dates they were out of network?

3) send the doctors office a written request that your chart and all documents signed by you, to be sent to you.

4) write down in detail as much information as you can remember. Receptionsist names, dates etc. Call your insurance company again and find out why they suspended that office for that time period.

Research you states laws and regulations on debt collections. Focus on the articles on medical bills for this account.

5) Once you have all of that information I would call the doctors office and ask to speak to the billing specailist. Have all of your information with you so that you can quote documents from the office and the Insurance company.

EXplain to the office everything that happened and how you were willfully mislead into accepting services from that office when they knew their office was suspended by your insurance company. Provide them with the details you find out about why they were suspended.

I would also inform them if they do not remove any marks from your CR that you will file complaints with the FTC, BBB, AG and DOB.

Chances are you will be able to get them to remove the mark from your CR if you offer them a PFD after you hit them with all of this information.

Personally, I prefer to do all my dealing with CAs via mail. That way I have proof of all conversations. If you need help drafting a letter for this I can help you. Let me know what you want to do and I will throw one together that you can add your own details to.

Now, when exactly did this hit your CR? How close is it to the SOL in your state?

Good luck

anthony

For this it is first essential to know who listed this information on your credit report. What I prefer is that, since it is a matter of 40$ which is coming in the way of improving your credit score, You need not go into long proceedings and waste your time there. You can instead come to an agreement with the CA for pay for deletion. If they do not agree for pay for deletion, then I think you can follow the procedures as mentioned by CMBV.

Wed, 06/11/2008 - 05:34 Permalink

goodnatured

Just make sure that you get the deletion in writing so if they don't follow up you can send it in to the reporting agency. Get a paid in full letter so that you can send it along with it.

Mon, 06/16/2008 - 03:16 Permalink

fireyone

Wouldn't you have to get the deletion notice before paying the old debt? What if they don't send you the paid in full notice afterwards? I think I would request a letter that stated: Ms. over her head in debt and our company have reached a settlement agreement in the amount of $0000 and once this is paid my company agrees to delete this debt from her credit report and send along to her a paid-in-full notice within 30 days of payment. That way if they don't send any along after you pay you could use the letter and receipt showing you paid to be rid of iot once and for all.

Fri, 07/18/2008 - 12:43 Permalink

goodnatured

You would definately want to get what ever your terms are in writing before you pay it off and then have them follow it up with a paid in full. They are not real cooperative after you pay them off, so get it all prior to pay off.

Sat, 07/19/2008 - 02:08 Permalink

CMBV22

fireyone,
Basically what you get from the CA is a letter promising to delete all references to the account with the CRAs within 10 days of paying them. Then you send certified funds to the CA with 'paid in full' written in the memo. Many states say that is a check etc is cashed with a paid in full memo, The dent is legally pad off even if they cross it off or write I dont agree. I send a letter with the funds reaffirming our agreement also.

Sat, 07/19/2008 - 06:27 Permalink

anthony

Hi goodnatured
Always try and get the pay for deletion agreement in writing. This is because even if you have paid in full, your creditor may not be willing to delete the listing. So if you have the proof, you can always send a dispute letter to the credit bureaus asking them to delete the listing after you paid the debt as agreed to your creditor.

Sat, 07/19/2008 - 07:02 Permalink

erb1953

At what point do you get this agreement though? Is it before you pay it off completely?

Sat, 07/19/2008 - 11:20 Permalink

fireyone

That is what I have been trying to figure out. If you don't get some kind of promise in writing before paying off the debt how can you be sure that they will follow through on their part?

Sat, 07/19/2008 - 12:42 Permalink

fireyone

That is what I have been trying to figure out. If you don't get some kind of promise in writing before paying off the debt how can you be sure that they will follow through on their part?

Sat, 07/19/2008 - 12:42 Permalink

goodnatured

In the beginning when you first start to deal with the collection agency, you need to get a written agreement.

Sat, 07/19/2008 - 22:55 Permalink

fireyone

The doctor bill I have my account is from a collection agency. I could probaly track down enough info to get the $40 forgiven sonce they said they were in network but why hassle for that amount? I just want to know if I would go down and pay the office directly if they would remove it or if I have to contact the collection agency. If I pay for service that was suppose to covered then I want the pay for delete because here shortly that will be the only blemish left on my report.

Mon, 07/21/2008 - 00:40 Permalink

goodnatured

I don't get that, it is like these stupid co pays, I had surgery and had to pay a $14 copay, the surgery was quite a bit with a three day hospital stay. I was surprised to get a bill for fourteen dollars, I paid it, but it was just annoying.

Mon, 07/21/2008 - 03:09 Permalink

CMBV22

fireyone,
If the CA made the listing then you need to speak to them about a PFD. If I were you I would get the required proof from your insurance agency and I would send it to the CA with a DV letter that has a PFD offer in it.

Mon, 07/21/2008 - 18:02 Permalink

fireyone

I really should do that. I mean this was a covered gynological screening that our health insurance offers for free once a year. I got the bill from our insurance when it first happened and called the docs office and told them they said they were in network and wasn't at the time. I said I wouldn't have chose them had I known since if I went in network it was absolutley free. Aggravating.

Tue, 07/22/2008 - 01:01 Permalink

carol

Hi goodnatured
Since you have already paid the 14$, it should not appear on your credit report. Now since it has already in your report, send a DV letter along with the proof that you have already paid the amount. If the proof that you have paid the amount is no longer with you, then send a DV letter first. If they validate your debt, send them a PFD agreement letter.

Wed, 07/23/2008 - 08:27 Permalink

goodnatured

I still get letters every now and then. I just pitch them now, I have called and called in the past and it has done no good.

Thu, 07/24/2008 - 01:49 Permalink

fireyone

I know how that feels. It is really so annoying. Sometimes it is just better to file 13 something then to let it bother you. If your a working person I am sure you have better things to do then to spend the time redoing the same thing over and over.

Thu, 07/24/2008 - 23:37 Permalink

Drake98

hi

I have 527, 514, and 563. I've been using the average of 535 as my score

Tue, 08/11/2009 - 17:02 Permalink

Clive

fireone has rightly said that it really annoys one to redo the things which does takes one's all efforts.

It is the sole reason why people hand over their total worries to the credit repair agency.
keep in touch...

Tue, 08/25/2009 - 09:31 Permalink

Optimist

Found this....

Hi,

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Thu, 08/27/2009 - 00:09 Permalink

ChuckHamrick

It is first essential to know who listed this information on your credit report. What I prefer is that, since it is a matter of 40$ which is coming in the way of improving your credit score, You need not go into long proceedings and waste your time there. You can instead come to an agreement with the CA for pay for deletion. If they do not agree for pay for deletion, then I think you can follow the procedures as mentioned by CMBV.

Newsletter Software

Fri, 08/20/2010 - 12:10 Permalink

bankruptcyonly12

Hii Friends

Keep them simple and please remember these simple rules:

1. In most cases, it's unnecessary to mention laws, procedures, court rulings, or threaten law suits, etc. The credit bureaus know the law. Keep the letter short, simple and concise.
2. All mail that requires a signature gets refused. Many credit repair beginners will tell you to send your dispute letters by certified mail. That information is outdated - all you need is a stamp.
3. You do not want your letter to look like a fill-in-the-blank form letter! Use your own words!
4. Letters that look confusing get returned back to the consumer as frivolous.

Mon, 01/24/2011 - 08:14 Permalink

CRE_Credit (not verified)

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The credit repair process can be very complex from disputing items on your credit reports through the credit reporting agencies to going directly after the creditors for validation, and the most difficult thing of all keeping them accountable. If you want use credit repair services that work you should enlist the most trusted credit repair company in the country CRE Credit Services. Start by going crecreditservices.com and getting a free credit consultation.

Sun, 01/06/2013 - 21:59 Permalink

creditcard1

You may want to enclose a copy of your credit report with the items in question circled. Send your letter by certified mail, return receipt requested, so you can document that the credit bureau received your correspondence. Keep copies of your dispute letter and enclosures

Mon, 04/01/2013 - 06:17 Permalink

creditcard1

If you are looking for a credit repair letter, credit repair letters, or credit dispute letters, look no further. DisputeSuite comes packed with credit repair letters. In addition to being able to create an unlimited number of your own credit dispute letters, we also give you FREE access to our proven arsenal of credit repair letters at no extra cost. Our library has sample letter for credit repair, sample letter to credit bureau, sample letter to credit collector and debt validation letter.

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Sample letter: Intent to file lawsuit against credit bureau

Richard — Fri, 04 Apr 2008 10:49:33 +0000

Sample letter: Intent to file lawsuit against credit bureau

Forums

Credit repair

Richard Fri, 04/04/2008 - 10:49

This letter should only be used after the proper court procedure has been followed. You must notify the credit bureau you are suing them by serving them with a Summons and Complaint.

Your name:
Address:

CRA name:
CRA address:

Dated:

Re: Account number

Dear Sir/Madam,

This letter is to further notify you that a lawsuit has been filed against you at [name the court] on [date]. An additional copy of the Summons and Complaint is attached. The case number is_______.

Once I have received your response to the complaint, I will contact your attorney to schedule a pre-trial conference.

My reasons for filing suit are: (give your reasons as enumerated in the complaint)

I am obliged to reply to the point mentioned, in paper, with written signature on it. I have won a couple of such lawsuits before. If you agree to the terms I am proposing, have your attorney contact before , to avoid a court appearance.

Enlist the items to be deleted or corrected on your credit report.

Sincerely

Signature
Your name.

goodnatured

Nice job Richard

Fri, 04/04/2008 - 18:17 Permalink

Laura

Yes the letter is good.

Mon, 04/07/2008 - 10:35 Permalink

goodnatured

We are getting a real descent collection of letters here, it is too bad that they can not put them all together on one self help page.

Sun, 04/20/2008 - 00:21 Permalink

fireyone

That is a really good idea.

Mon, 04/21/2008 - 00:49 Permalink

goodnatured

I really would like to see something like that happen.

Tue, 04/22/2008 - 01:43 Permalink

fireyone

If anyone could do it , you sure could.

Wed, 04/23/2008 - 20:31 Permalink

Justin

I am sure thats going to happen soon. I think we all can post some letters as well as a part of our community development? Wont they get reflected in the letters section?

Thu, 04/24/2008 - 05:29 Permalink

fireyone

That would be a good idea. Someone could start a section like this and the members of the forum can contribute. An excellent resource.

Sun, 04/27/2008 - 01:00 Permalink

goodnatured

Would be nice.

Sun, 04/27/2008 - 11:59 Permalink

fireyone

true

Mon, 05/05/2008 - 22:31 Permalink

goodnatured

I know they have done some of this on the other forums so the knowledge on how to do it is there, sometimes I wonder how these forums are so different.

Thu, 05/15/2008 - 00:53 Permalink

Justin

Hi goodnatured

I think that we, the members of this forum can take the initiative to put such letters here so that we have a good collection of letters for reference.

Thu, 05/15/2008 - 06:27 Permalink

fireyone

Very true. I had no idea where to even begin in writing these different types of letters until I came here.

Sun, 05/18/2008 - 23:15 Permalink

goodnatured

You can do a google search and find all types of letters, these forums make them much simpler to use and you have access to the people that have written them so they can advise you more on what to put on them and how to mail them, etc, etc.

I like this part of the forums, each of them has this information to offer.

Mon, 05/26/2008 - 14:03 Permalink

Mary

yes goodnatured, there forums help us a lot with these letters, at least they give us the hint on how to write these letters, whom to sent and so on.

Tue, 05/27/2008 - 07:15 Permalink

fireyone

I know myself I would be lost with out all the sample letters.

Mon, 07/28/2008 - 15:04 Permalink

goodnatured

They do come in handy, they save a lot of research time.

Sun, 08/10/2008 - 05:35 Permalink

Andrew

The letter by Richard is a fantastic resource. I filed a law suit against the credit bureau a few days back and took help of this letter. Fantastic job.

Tue, 06/23/2009 - 08:03 Permalink

goodnatured

That is good, great to see people using these resources that have benen put out there.

Mon, 10/26/2009 - 19:14 Permalink

fireyone

Alot of go seeking the resources. Funny I never knew much about these resources until a few years ago when I needed them and came here. I thank this site for helping me understand so much when it comes to credit. I imagine it even stopped a few people from making mistakes when contacted by debt collectors. I see people who have come here a little too late after a junk debt collector scares them into making a payment on an account past the SOL.

Mon, 10/26/2009 - 22:41 Permalink

goodnatured

I know what you mean fireyone, I found the site through the same process, I had some issues with a collector that was a total jerk, I got mad and went on an internet search, ended up on the debt forum and learn alot for fighting for myself. Since then I don't let them bother me as much. I usually contact the attorney generals office as soon as the harrassment starts and move on.

I have gotten rid of alot of debt since coming here, I am thankful to have found this and the debt forum.

Wed, 01/06/2010 - 18:30 Permalink

zackrat

I am reading through some of the posts, there is many different things discussed here, what a find. I am hoping that I will get to the bottom of a few things with all your help. I have some experience with creditors not a whole lot of bad, just here lately, but I look forward reading more here. How long have all of you been here? I am trying to prevent more damage with my creditor, just running a little late on one bill, but this seems like a freindly place to discuss debts and get some good advice.

Thu, 01/07/2010 - 00:44 Permalink

goodnatured

We welcome you zack, I am sure that you have some experience to share. Look forward to having discussions with you too.

Thu, 01/07/2010 - 03:40 Permalink

Wasco_Kid

Intent to sue

Personally, I would not submit a letter of intent to sue the CA unless I actually did file the documents and have the afidavits and documents to back up the claim. What happens when you submit this letter and the CA does nothing.....waiting for the process server? If you use this method and have not actually filed the lawsuit....you will lose all creditibility. It is likely that they will just wait until they get served.
If they do reply to your bogus letter of intent to sue.....you got lucky this time. Has anybody used this tactic on a collection agency like Midland or Arrow...when the account they report is valid? I mean, the accounts they are trying to collect on are legitimate. But they do not seem interested in pursuing them. No phone calls, no letters, no threats. Just continue to report the negative tradelines.

Any advice?

Thu, 02/11/2010 - 16:02 Permalink

Aaron

reply

Hi Wasco,

If you think that you owe the debt, then you should contact the creditor and pay off the dues, if you really have the ability to do so. If you owe a debt, it is your duty to pay that off. However check the statute of limitation (SOL) in your state. If the SOL has expired the collection agency (CA) won't be able to sue you. However if it has not, you better contact the collection agency. Without paying off the dues, the negative tradelines aren't going to get removed.

Fri, 02/12/2010 - 06:43 Permalink

Wasco_Kid

Intent of Filing Lawsuit

Hi Aaron,

The SOL in California is past. Most of the tradelines from Arrow and Midland are schedule to drop off between April 2010 and and August 2011; according to a person I spoke to at Transunion. That is, of course, if they don't re-age the debt. I think Arrow financial renewed and/refinanced 2 tradelines because they appear to say renwed/refinanced under last activity.
If the CRA allowed this then it is illegal under the FCRA.
This action might be me the edge to pursue a lawsuit against Arrow and the CRA. Right now the Attorney General for the State of Illinois (Lisa Madigan) has a lawsuit against Arrow Financial for some 600 consumer rights violations. I should submit my complaint to their office and try riding the coattails of their lawsuit.

True it is my duty to pay the obligation, but after almost 6-7 years there is no way I will own up to them now...especially since the SOL have expired. I would love to be able to remove the negatives myself; but it may be just better to left them start dropping off on their own.

Either way.....It is $75,000 I don't have and will never be able to pay. Yes, I am a smuk....but I get the final laugh against an industry that has screwed consumers over for years.

Fri, 02/12/2010 - 07:02 Permalink

Aaron

reply

Hi Wasco,

I agree with you that re aging an account is not legal. It is a violation of FCRA rule. So you can talk about this to the credit bureaus, and request them to remove the item from your credit report.

As for the SOL, it is different for the debt and the number of years it is going to stay on your credit report. What you said is right. SOL for any kind of written contract in California is 4 years. However a delinquent account will fall off your credit report after 7 years.

Fri, 02/12/2010 - 10:32 Permalink

goodnatured

We had a letter come from Midland on a debt that was over 20 years old on a repo that was long before I met my husband, they tried to use the old pay or get sued on us, but thanks to this site I have the statute of limitations for our state done and read them the rules of collection according to it. They have not bothered us since.

Mon, 02/15/2010 - 00:20 Permalink

Aaron

reply

Hi goodnatured,

It's nice to hear that you were able to come out of your problem successfully. :)

Mon, 02/15/2010 - 11:48 Permalink

Wasco_Kid

Arrow Account deletion and cease collection notice

Here is a copy of the notice received from Arrow after I submitted my ITS letter to Sallie MAe by email contact and CMRRR.

Wed, 03/17/2010 - 01:10 Permalink

goodnatured

Did they delete it? There is nothing listed here except your statement.

Wed, 03/17/2010 - 02:51 Permalink

bcl

here is an example letter I have writen.

Complaint Department
TransUnion Consumer Solutions
P.O. Box 2000,
Chester, PA 19022-2000

Dear Sir or Madam:
I am writing to dispute the following information in my file.

These items have been satisfied and withdrawn and should be removed from my Credit Report

Tax Lien: ####
Tax Lien: ###
Tax Lien: #######

These items have been satisfied and instructed to be discharged by the Commissioner of Taxation and Finance, Deputy Tax Commissioner. (Kindly see enclosed copies.)

I am requesting that the above item be immediately deleted from our credit record.

Additionally, I am notifying you of my intent to file a lawsuit against you in New York State Civil Court located at 111 Centre Street, New York, NY. 10013, on Monday September 30th 2013 unless all derogatory information is removed.

I am obliged to reiterate my point mentioned in paper with written signature on it by the Deputy Tax Commisioner of New York State:

Therefore, satisfaction of said warrant is herby acknowledge and the clerk is herby authorized and directed to satisfy and discharge the same

The definition of discharge disâ€¢charge, v.disâ€¢charged, disâ€¢chargâ€¢ing, disâ€¢chargâ€¢es, v.tr.
1. To relieve of a burden or of contents; unload; withdraw
2. To unload or empty (contents).
3. Law
a. To acquit completely: discharged the defendant.
b. To set aside; annul: discharge a court order.
4. To clear the record of the loan of

Sincerely

Natalie Kollman Brian Larson
Signature

PS. There is a Bill pending before New York State:
Bill number: S2409 -2012/2013
Sponsor: Eric Adams, Disrict 20, 1669 Bedford Avenue 2nd Floor, Brooklyn, NY 11225 (718) 284-4700 Committee: Investigations and Government Operations Law Section: Tax Law Law: Amd Â§692, Tax L
Bill Bill number: S2409 -2012/2013
TITLE OF BILL: An act to amend the tax law, in relation to the withdrawal of tax liens upon payment of taxes due

PURPOSE: Provides that the department of taxation and finance shall withdraw from county records a tax lien for which the tax debt has been paid in full and satisfied.

SUMMARY OF PROVISIONS: (j) Withdrawal of lien. - The department, upon payment in full and satisfaction by a taxpayer of a tax debt for which a warrant has been filed and a lien on property has been created pursuant to this section, shall, withdraw such warrant and lien from the records of the county in which such warrant was filed and lien was created. Within five business days of such withdrawal, the department shall send written notification to such taxpayer that such warrant and lien have been withdrawn and that such taxpayer may contact credit reporting agencies and notify them that such tax debt has been paid in full and satisfied and that such warrant and lien have been withdrawn.

EXISTING LAW: New bill.

JUSTIFICATION: The IRS has introduced new legislation to make it easier for taxpayers to obtain lien withdrawals after satisfying a tax bill. That law is called the Federal "Lien On Me" tax law. This law will expunge or withdraw a taxpayers debt lien from their credit record rather than just release the lien, which stays on their credit record negatively for seven years even after satisfaction. The law presently in effect only covers your federal obligations and does not cover state taxation and finance obligations. This bill would mirror the federal law, and in addition would require the state taxation and finance agency to inform consumers in writing at the end of their obligation that removal of their lien will not happen automatically, that they, (the consumer or tax payer) must contact the credit reporting agencies themselves to notify that the lien has been satisfied and expunged or withdrawn. This has not as yet been factored into the federal legislation thusly may not be being addressed and is still showing negatively on many consumers reports.provides that the department of taxation and finance shall withdraw from county records a tax lien or judgement for which the tax debt has been paid in full and satisfied,
Provides that the department of taxation and finance shall withdraw from county records a tax lien for which the tax debt has been paid in full and satisfied.

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Cease and Desist letter - A legal letter to the creditors

Richard — Fri, 04 Apr 2008 10:48:15 +0000

Cease and Desist letter - A legal letter to the creditors

Forums

Credit repair

Richard Fri, 04/04/2008 - 10:48

You can send a Cease and Desist letter to the collectors requesting them to stop calling you. Below is a Sample Cease and Desist letter (CND letter).

Your Name __________
Your Address __________
Your Phone # __________

Collector's Name _______________________
Collector's Address _____________________

Date ________________________

Dear Sir or Madam,

Re: Account Number ____________

This is a request to Cease and Desist any further collection attempts on the debt referenced above. I would prefer working with the original creditor.

You are therefore apprised, in accordance with state and the federal laws, to cease all collection attempts immediately or face legal action.

Sincerely,

Your Signature ________________

Your Name ________________

goodnatured

Great example, I am sure that a lot of people will use this cease and desist letter.

Fri, 04/04/2008 - 18:18 Permalink

sdchargers_63

ca

I like this letter. Can you, 'LEGALLY, do anything, if the CA CONTINUES to call, AFTER receiving this letter?

Sun, 04/06/2008 - 13:08 Permalink

goodnatured

I am sure that if they continue to harass you that you could get them for violating the law, it probably states on the fair debt collection web page, most of the laws are there and they tell you what to do if they are violated.

Sun, 04/06/2008 - 23:05 Permalink

Morningstar

they tell you what to do if they are violated.

Like getting a lawyer.

Mon, 04/07/2008 - 03:54 Permalink

Laura

I agree here. A lawyer will be required for further help. Violation of law which happens random enough, needs strictly legal steps to be taken against them. So a lawyer is the most required individual here.

Mon, 04/07/2008 - 04:52 Permalink

goodnatured

You will see a lot of group lawsuit, class action suits come off this way.

Sun, 04/20/2008 - 00:17 Permalink

fireyone

Thats what needs to be done. Lawyers are expensive and most of us wouldn't be in this situation if we had any.

Mon, 04/21/2008 - 00:51 Permalink

goodnatured

Most attornies will take class action lawsuits on a contingency plan, if they win they get paid. So they make sure they only take on the ones that they think they will have luck with.

Tue, 04/22/2008 - 01:42 Permalink

fireyone

Can't say I blame them. I imagine something like this require work.

Wed, 04/23/2008 - 20:37 Permalink

Justin

Not about blaming anyone for being expensive. They do the legal work and hence its okay if they charge money. Well a class action lawsuit is a good idea. I think I came across a thread where a participant welcomed people to take part in such a lawsuit. Kudos to them to dare to do things.

Thu, 04/24/2008 - 05:32 Permalink

fireyone

Kudos indeed. That is actually a pretty good idea. How else can you get others to jump in and take action...by advertising. I like that idea.

Sat, 04/26/2008 - 23:19 Permalink

goodnatured

Some just don't follow through, I put my name on a list for CACH, LLC, haven't heard a thing.

Sun, 04/27/2008 - 12:34 Permalink

fireyone

It would be nice if they did. The harassment is sometimes too much to deal with from these companies.

Mon, 05/05/2008 - 22:18 Permalink

goodnatured

Tell me about it, they really go overboard sometimes, to the point of harrassment, it does cause a lot of stress on peoples live, they don't really care what affect they have on people at all.

Thu, 05/15/2008 - 01:24 Permalink

Anonymous (not verified)

I too agree you goodnatured, the harassment sometimes become intolerable.

Thu, 05/15/2008 - 11:48 Permalink

fireyone

I do not get their harrasment theory. People who have debt already have enough stress. Do they really think that having someone treat them like a dog is gonna get a payment. When I had one calling me who acted rude I just quit picking up the phone. It really doesn't get results.

Sun, 05/18/2008 - 23:11 Permalink

CMBV22

Harrassment is illegal under the FCRA and a quick CND letter to the CA will slove that problem.

Mon, 05/19/2008 - 06:26 Permalink

fireyone

This could be only a tekp. fix especially if they really have a legal leg to stand on.

Mon, 05/19/2008 - 11:29 Permalink

goodnatured

They know that most people will not pursue legal action against them. I did not even know that legal action was possible until I started visiting these forums, they can be as rude and as obnoxios and threatning as they want to be as long as people don't do anything about it. How can people do anything about it if they don't know that they can?

It is good that we have places like this to come and learn about the laws that govern these collectors, but really most people are clueless.

Mon, 05/26/2008 - 12:55 Permalink

CMBV22

While I agree with Goodnatured about the importance of knowing your rights. I disagree with fireyone, There is no legal leg that allows bullying or harrassment. Generally, letters to the FTC or your local AG will clear that problem right up.

Wed, 05/28/2008 - 06:13 Permalink

carol

I too think that if the CA harass you, you can file a complaint with the FTC under FDCA. You can also sent a cease and desist letter to the CA under Section 805 of the Fair Debt Collection Practices Act as CMBV pointed out.

Wed, 05/28/2008 - 12:16 Permalink

fireyone

Thats at least good to know. I just meant that if they thought they could legally collect on a debt that was within statutes you bet your booty their gonna harass you even more. What really stinks is when you do think you have rid yourself of the problem and quit answering calls they just go and sell it again and here we go all over once more. I know that I owe the debt but I would have paid it if I could. They add on all that crap interest that puts the bill into the high heavens.

Wed, 06/04/2008 - 23:26 Permalink

CMBV22

fireyone
I know what you mean. I just posted a thread about a CA that called me today not only failing to mention that she was a CA but talking to me like I was a POS. Within 20 minutes of hanging up on her I had drafted a DV letter, filied officail complaints with the CT DOB, FTC and CT AG. Something tells me that they will be on their best behavior from no on :wink:

Thu, 06/05/2008 - 07:13 Permalink

goodnatured

Sometime you have to file all the complaints right from the start, that way they know that you mean business. I have done this in the past.

Thu, 06/05/2008 - 22:43 Permalink

scott

Debt validation letter is what I think is one of the most powerful weapon in these cases. Because until and unless they validate your debt, they cannot force you to pay it. But still if they harass you, you can always file a complaint with the FTC and the AG. And if they validate your debt, you can always come to an agreement for settling your debt along with a PFD agreement.

Fri, 06/06/2008 - 05:39 Permalink

goodnatured

Great points scott, hopefully people will come here and read the posts and get these letters out to these companies.

Sun, 07/13/2008 - 23:29 Permalink

erb1953

Yes, and I think the sample letter at the beginning of this post is stated well and gets to the point.

Thu, 07/17/2008 - 02:56 Permalink

fireyone

What I can not figure out is why the call you constanlty for like weeks and then all the sudden for a couple months you hear nothing. My phone quit ringing for a while and it started recently again. I tried the cease and desist with a couple of the other persons who use to live here's Collection agencies plus spoke to them personally about the matter so far nothing has woeked or they resell the debt and it starts again.

Thu, 07/17/2008 - 16:07 Permalink

erb1953

I like the few months between when they are not calling, all that peace and quiet, huh and then you pay for it when the calls start again.

Fri, 07/18/2008 - 01:33 Permalink

Anonymous (not verified)

Isn't that the truth? I wonder why they quit for a while. Usually I find that when they do this my account has been sold for the umpteenth time and its a whole new collector to deal with.

Fri, 07/18/2008 - 12:10 Permalink

fireyone

Isn't that the truth? I wonder why they quit for a while. Usually I find that when they do this my account has been sold for the umpteenth time and its a whole new collector to deal with.

Fri, 07/18/2008 - 12:11 Permalink

CMBV22

I would also be nervous about any abrupt stops in calls w/o a FOAD letter. Although I can never figure out why ppl don't send one to every CA who calls.....

Sat, 07/19/2008 - 06:35 Permalink

fireyone

What is a FOAD letter. Not really good with abbrev..yet. I always thought contacting them with any type of letter would make them contact you even more. Any time I have tried to get rid of them they usually sold the account and it started all over again. At least if I ignore them I get that little break here and there.

Sat, 07/19/2008 - 12:48 Permalink

goodnatured

Me either what is FOAD?

Sat, 07/19/2008 - 22:52 Permalink

fireyone

I was hoping for an answer here. It really has my mind boggled.

Mon, 07/21/2008 - 00:41 Permalink

goodnatured

I am sure that some one will be along and answer soon

Mon, 07/21/2008 - 03:06 Permalink

CMBV22

LOL FOAD is short for F*@$ Off And Die,it is bascially a CND letter. Also, if anyone you send a FOAD, CND letter to continues to contact you, it is grounds for a harrassment suit.

Now, keep in mind that if they have a legit reason to contact you and you send them the FOAD letter, While they cannot contact you anymore they can still report to CRAs and possibly start a lawsuit.

This is why you will want to limit your FOAD letters to CAs past the SOL or who have been unable to validate debt

Mon, 07/21/2008 - 18:09 Permalink

fireyone

I like that. I had to laugh myself. Boy you are really teaching goodnatured and I some things. Thanks

Tue, 07/22/2008 - 00:57 Permalink

CMBV22

LOL sure, anytime :)

Tue, 07/22/2008 - 07:17 Permalink

fireyone

Hey good natured did ya read this one?

Tue, 07/22/2008 - 18:00 Permalink

carol

You can find a FOAD letter in this forum itself. I searched and found one. Here is the link http://www.creditmagic.org/repair/7years-old-collector.html .
FOAD letters can be used when a debt has crossed its SOL period and is no longer collectible but the CA still harass you for the debt. This letter is generally send to the CA to warn him that he is violating the FDCA act and you are likely to file a lawsuit against him if he continues disturbing you.

Wed, 07/23/2008 - 06:17 Permalink

erb1953

Oh my god, I never would have thought that, LMAO, I wonder if the collectors read it like that, ha, ha.

Thu, 07/24/2008 - 02:44 Permalink

fireyone

That is a really good example of of FOAD letter. Have to keep that one in mind.

Thu, 07/24/2008 - 23:29 Permalink

goodnatured

You are going to be able to find any letter you need here soon, building up quite a library.

Sun, 08/10/2008 - 05:42 Permalink

fireyone

Isn't that really awesome. Not only building up the library but the other places you can go if you can't find what your looking for. Example : like cmbv home page and other places people refer you to.

Mon, 08/11/2008 - 01:17 Permalink

goodnatured

That is a great idea, a list of most used resources and list the letters and websites under that link.

Mon, 08/11/2008 - 03:29 Permalink

fireyone

It really is helpful to the unezperienced credit person. You know how lost we both probaly was when all this scary stuff strted coming around. To have info like this is really great.

Mon, 08/11/2008 - 12:31 Permalink

goodnatured

I felt all kinds of emotion when the collectors started calling, I had fear of what they could do, they were so nasty and forceful and then when they started threatening me, I finally got mad and that is when I came here. I have never looked back. I am glad to have found this site and the debt site. They stopped being so intimidating as I learned the laws and started giving it right back to them.

Tue, 08/12/2008 - 01:09 Permalink

fireyone

You are right about the many different emotions. Usually when I talked to them I felt more intimidated than anything. Sice coming here and becoming part of the forum that intimidation is no longer there.

Tue, 08/12/2008 - 16:59 Permalink

erb1953

You feel more confident when you know that you are not alone, you can come here and get all the support that you need to fight the collectors.

I have a question for you guys, I have not been here in about a week, it seems as if my posts are worth less and less, are you guys finding that to be true also?

Wed, 08/13/2008 - 02:11 Permalink

Sample dispute letter to remove credit report listing

Richard — Fri, 04 Apr 2008 10:40:27 +0000

Sample dispute letter to remove credit report listing

Forums

Credit repair

Richard Fri, 04/04/2008 - 10:40

Your full Name:
Your permanent address:
Present contact number:

Name of credit reporting agency
Address of credit reporting agency

Dear Sir or Madam,

I would like to dispute some inaccurate information I have discovered on my credit report. The items I believe to be incorrect are listed below. I am also including a copy of my credit report with the disputed information highlighted.

Creditor name and account number
Description of the item
Item(s) and an explanation of what you want the credit bureau to do with the information, along with valid proof to support your claim.

In compliance with the Fair Credit Reporting Agency (FCRA), I request that you investigate this matter and update my credit report accordingly.

If your investigation validates the listing, please provide me with an explanation if the procedure you used to validate the listing within 15 business days of your completion of the investigation, as per the FCRA. I also request that you send me a copy of the information you gathered as a result of the investigation.

If your investigation shows this listing to erroneous, please update my credit report and send me a copy of my updated credit report.

Sincerely,

Your signature
Your name

Richard

Many a times people get confused regarding "when to apply for credit". This question becomes primary especially when one has inaccurate information in the credit report. Well, one should dispute inaccurate info before applying for credit. Hope this helps. This is the most required letter these days. Remember to keep a copy of the letter you send to remove credit report listing.

Fri, 04/04/2008 - 10:41 Permalink

goodnatured

Sure is a really good example, thank you for taking the time to put it out there for people to use. great job.

Fri, 04/04/2008 - 18:20 Permalink

sdchargers_63

credit

I have recently pulled my credit report and saw that it contained listings which do not belong to me. I wanted to apply for new credit, can anyone tell me when to apply for credit? Should i dispute the inaccurate information in my credit report first? Would it be a good idea to send the Dispute Letter by Certified Mail, etc? How long is a 'reasonable' time to get a response?

Sun, 04/06/2008 - 13:05 Permalink

goodnatured

I would think that 30 days is a reasonable wait, I am not real sure what you would do after the 30 days but resend the letter and keep copy of the letter you send to remove credit report listing so you have your proof in case something should arise later.

Sun, 04/06/2008 - 23:07 Permalink

sdchargers_63

cb

Thanks for the response. It may seem like a lot of 'work' but, I'm sure it's ALL worth it.

Mon, 04/07/2008 - 04:12 Permalink

Laura

Usually a dispute investigation happens within 30 days of their receipt of your letter. So accordingly you get replied.

Mon, 04/07/2008 - 11:32 Permalink

goodnatured

I got mine back in a matter of two weeks they are pretty quick, especially if there is no changes made.

Sun, 04/20/2008 - 00:12 Permalink

goodnatured

Quick, with no results, I really wonder sometimes if they really look into things or not. I wish if they were going investigate they would give you the information that they have discovered and made the decision on. I think every piece of evidence they used to decide should be forwarded to you, after all it is your credit report, you should be privy to what is screwing it up, not just a straight answer, especially when it has a negative impact, and did not change the result.

There should be an appeal process to go along with this, what if you still disagree after the decision is made. If you still feel it is wrong, you should have another process to follow, like an independant investigation.

Tue, 04/22/2008 - 01:28 Permalink

fireyone

I agree with you goodnatured. They should be required to send you a report from the investigation. So many things in the credit world doesn't seem fair or make sense.

Wed, 04/23/2008 - 20:43 Permalink

Justin

I would attach evidences if available with me along with the letter to make the process faster. Hi good did you provide any proof e.g. bills etc. with your letter? Did you mention legal clauses in the letter? If no changes have been made there might be some drawbacks in the letter ( you can post the letter that you had sent, lets see if we can be of any help there).

Good luck :)

Thu, 04/24/2008 - 05:57 Permalink

fireyone

Good thinking Justin. I bet this would get good a lot farther in getting results. Hope she stops back in replies.

Sun, 04/27/2008 - 00:59 Permalink

goodnatured

Most of my disputes have been online, so there is no room for dispute there, I probably should write a letter on paper, the old fashion way and attach the documents to it.

Sun, 04/27/2008 - 12:01 Permalink

fireyone

Some times the old fashioned way is better and gets more results.

Mon, 05/05/2008 - 22:30 Permalink

goodnatured

I have another year and alot of them will fall off, so I have lived with it for this long, guess I can do it for another year. I am sure it will fly by, been real busy, so next year at this time or a little later I should have the last three fallen off and be done with it. and life goes on.

Thu, 05/15/2008 - 00:59 Permalink

fireyone

That is along my lines of thinking. I do get tired of just when I think they have went away (junk debt coll.) TaDa they reappear. I get enough calls from the other ladies creditors so I have lots of practice. One of the main reasons I don't change my # is cause I know they will call bro for new one. Then I not only hear it from them but him too. I am at the point it really doesn't matter. I am only picking the battles I can win, which sadly is not many.

Sun, 05/18/2008 - 14:08 Permalink

goodnatured

I would think that you could send them a certified letter and inform them that the person does not live there anymore and that any further communication about that person would be considered harrasment. Hopefully something official like this would make them quit calling your home or write the phone company an official letter stating that these calls are happening, obviously just talking to them is not helping.

Mon, 05/26/2008 - 16:57 Permalink

fireyone

Yep sure then they would just sell the account to some other harassing company. I still like the crow call idea.

Wed, 06/04/2008 - 00:20 Permalink

goodnatured

You need to do what ever it takes, crow call or a certified letter to them and then to the phone company, maybe if you put it in writing the phone company will take you more seriously also. goodluck, hope you get this all straightened up soon.

Mon, 06/09/2008 - 03:00 Permalink

fireyone

It does really get aggravating. I know they deserve repayment but to go to such levels to get it? I remember you mentioning you had a lawsuit pending. Have you ever heard back from them or are they still leaving you dangling?

Tue, 06/10/2008 - 10:17 Permalink

CMBV22

fireyone,

Try to remember we go through all this not for the 'honor' of paying these companys but, to make them play by our rules. They would be happy to take your $$ and leave your CR looking like poo. The work is making them proove the debt and then removing their marks.

Tue, 06/10/2008 - 18:34 Permalink

goodnatured

exactly, really we are in no better shape once we pay these bills, they do not clean up our reports any. If you get lucky you will find one that will actually promise to do the pay for delete, but then you really have to follow up with this because they often do not follow through.

Mon, 06/16/2008 - 03:18 Permalink

fireyone

Thats what I was trying to say somewhere else on this forum. With my debt approaching the knock off point here in a few months why should I pay? I am by no means a free loader but they never try to work with me even in the beginning. If I pay the old debt then won't it reappear for the next 7 years anyway since it would be like renewing it? I just feel it is best to let it fall off. It would look ugly on my report (which isn't too bad at all) showing it was setttled for so much. At least in a few months it will be off there all together. Does this make sense?

Fri, 07/18/2008 - 12:32 Permalink

CMBV22

fireyone,

I do understand what you are saying about your debt. I will point out that you are incorrect about the debt being renewed for another 7 years w/ payment. Paid or not the debt wil fall off at the same time. The difference is with a paid debt you dont have to worry about the CA selling it and having it pop up again on your CR

Sat, 07/19/2008 - 06:32 Permalink

fireyone

Thanks That really explains alot. I was under the impression that it would be a blemish for the next 7.

Sat, 07/19/2008 - 12:57 Permalink

goodnatured

Right, I paid three of them off last year, it about broke me, but I got it done, I have one other that will not cooperate and they actually filed a summons, still waiting on a court date.

Sat, 07/19/2008 - 22:15 Permalink

fireyone

I inquired about that on another post. I remember you mentioning it. Do they still have you hanging? Are you sure there isn't a statute on the time they have to set a date? I would post the question and see where it takes you.

Mon, 07/21/2008 - 00:50 Permalink

goodnatured

Well they filed the summons just prior to statute of limitations running out, when they file a summons it freezes the sol, so I am sol, LOL.

Mon, 07/21/2008 - 03:02 Permalink

fireyone

I knew that it froze the Sol but don't they have a certain time frame to actually take you to court? I have one that either just hit SOL in May (if it was 180 days after last payment) or hit SOl in Dec 2007 (30 days late). I am worried if the Sol is actually May I have moved since then and what if they sent something just before it ran out and I didn't recieve it? I am hoping there is nothing out there against me that I am unaware of.
If the SOL was Dec 2007 then I would have recieved anything via mail or sherriff since I was still at the same address.

Tue, 07/22/2008 - 00:50 Permalink

CMBV22

Had a case been opened in May of 07 you would have seen it on your CR by now.

Tue, 07/22/2008 - 07:19 Permalink

fireyone

I haven't viewed my Cr sicne Feb. I have one that will fall off at the end of this month and I was waiting to use one of my free pulls then. Another should fall off in Sept. and that is when I was planning on using the third free pull. Hows long after the fall off date should I checked? does it take them a while to take it off my record? It says cont. on record until July 2008.

Tue, 07/22/2008 - 17:52 Permalink

carol

You are right fireyone. You can pull your credit report anytime after you think the debt listing time is over in your credit report. This is because as far as I know, the three CRAs update credit report every moment. If it says that the record will stay until July 2008, you can drag one report in August 08 itself. If you think that you can wait for another 15 to 30 days for the report, then ask for the report in the first week of September 08. But I think that the report will be updated in August 08 itself. Hope to hear from you soon here.

Wed, 07/23/2008 - 05:39 Permalink

goodnatured

That is good if they are doing it right away, we wait forever for them to get the negatives off, seven years is a long time.

Thu, 07/24/2008 - 01:47 Permalink

fireyone

You aren't kidding. I can not wait till these fall off. I am not planning on getting any loans or anything but it sure would feel good to have them off there.

Thu, 07/24/2008 - 23:39 Permalink

CMBV22

it is nice to see all of your hard work pay off with a clean CR

Sat, 07/26/2008 - 00:17 Permalink

fireyone

You are very correct there and alot of this I have to thank to you and others on this site.

Sun, 07/27/2008 - 01:27 Permalink

CMBV22

We all learn from each other:) I am happy for you

Wed, 07/30/2008 - 19:26 Permalink

fireyone

That is true. I have been more educated since joining here then the past 36 years of my life. LOL.

Thu, 07/31/2008 - 14:09 Permalink

goodnatured

well on this subject anyway

Mon, 08/04/2008 - 22:03 Permalink

goodnatured

LOL, sometimes a good thing comes out of something bad. I would not have even cared about credit if I did not get into a bind, so in a sense I was forced to learn about this situation.

Sun, 08/10/2008 - 05:34 Permalink

fireyone

I would like to never hear the word credit card again, that would work for me. It seems like such a simple solution at the time of the problem but later it has quite a bite.

Mon, 08/11/2008 - 01:20 Permalink

Theresa

I sent a dispute letter to transUnion asking them to remove a "repossession" comment on 3 collection accounts. I recieved a reply from them in less than 2 weeks telling me that they are not required to send me a proof of verification from creditors and they did not do anything about my dispute. The green card showed they recieved my letter on Nov 12, their response was written on Nov 13 with a final decision. It was very disappointing. I reported them to FCRA.

Thu, 11/27/2008 - 19:56 Permalink

fireyone

Was the repossession listed three times? Who holds these accounts? One two places can report a deliquent debt to the credit bureaus at one time and one has to be the original creditor. The other can be a collection agency. I can not see why there are three places reporting. Can you explain how this situation is and maybe we can give you some advice on how to handle this. I do not think the bureaus are required to send you the proof. Thast is something you would have to get on your own by sending the places listed on your report debt validation letters. Its kind of like getting a loan at the bank..they can get your credit report but they do not give it to you or let you veiw it. If you want one you have to get it.

Thu, 12/04/2008 - 13:35 Permalink

carol

Hi Theresa
Repossession will stay in your credit report for seven years from the date of your delinquency. So the credit bureaus may not remove the repossession mark on the three collection account until and unless this 7 year listing period is over. The credit bureaus will verify it with the bureaus and decide whether they will remove the listing or not. As far as I know, the bureaus are not required to send you the proof that the creditors have validated the debt to them.

Tue, 12/09/2008 - 07:16 Permalink

sdchargers_63

credit

I thought the CB's HAF to provide proof, to you, how the CA's 'validated' information. If THAT doesn't happen, then how do you know that the CB's even contacted the CA's or OC's? I wouldn't be going on JUST someone's 'word''..ya know?

Tue, 12/09/2008 - 08:30 Permalink

fireyone

I amnot exactly sure on this one but I would imagine you would get some type of correspondence in the mail. I remember reading on this topic on another post but can not remember what the answer was. If all else fails the person could call them up and see.

Tue, 12/16/2008 - 01:20 Permalink

goodnatured

That is the problem with the system, you don't know if they contacted the original creditor or not. Dead debt gets passed through so many hands by the time it gets to collecting it they can not validate it anyway. If you can handle the harrassment, hang in there and request validation.

I keep a debt validation on my desk top and just change the company information on it, makes life a lot easier.

Tue, 12/30/2008 - 05:07 Permalink

sdchargers_63

credit

Even though you 'Dispute' items, over the Internet, with the CB's, is it STILL a good idea to send them a 'Dispute' letter, too? I'm sure this would help, quite a bit, with all of those CA's who are trying to collect for illegal PDL's.

Tue, 12/30/2008 - 12:06 Permalink

Amber Brown (not verified)

No reply after validation letter sent

I sent a debt validation letter to a company with no reply so far. Tomorrow will be the 30 day mark. What type of letter should I send to the CB's requesting the debt erased.

Thu, 05/14/2009 - 23:54 Permalink

Firang

hi Amber Brown welcome to the forum

Credit bureaus will require the proofs of your letter which was sent to the CA (debt validation letter) just send them a request stating that there is delay on the CA part for reply and thus CB should remove the bad entries as earliest.

and make sure you also sent one copy of this to the CA so that they will take immediate action and thus your time will be saved.

Sun, 05/17/2009 - 01:57 Permalink

Danielle917 (not verified)

Hospital Bill

I'm looking for a "dispute" letter to send to the actual creditor (not collection agency). Anyone know where I can find one online--for free?

Mon, 06/01/2009 - 15:34 Permalink

Is credit repair always a scam

Laura — Sat, 29 Mar 2008 07:08:38 +0000

Is credit repair always a scam

Forums

Credit repair

Laura Sat, 03/29/2008 - 07:08

Please put your valuable vote in here.

Morningstar

No, not every credit repair company is going to be a scam, but when a company/salesperson claims that accurate information will be removed, it is time to be very leery of the company.

Sat, 03/29/2008 - 09:18 Permalink

goodnatured

I think that you have to be really careful, just like anything else you must do the research and make sure that the company is valid and that they are not scamming people out of money and not doing what they are supposed to do. There are many resources that a consumer can use to investigate. So before you invest your money, invest your time and see what the company is all about.

Sat, 03/29/2008 - 11:22 Permalink

fireyone

Good post goodnatured. I agree with you. I think people should think of shopping for a repair comapany as they would a bank or car loan. There are alot of good and bad ones to sort through. With the internet being a great tool to aid in their search. Sometimes by just ggogling a company name you can get some low downs on the positives and negatives of a company. Lots of people get so stressed when in financial turmoil that they just reach out and grab the first hand offering to help them out. It isn't always the best. A little time in research can save a lot of aggravation.

Sat, 03/29/2008 - 13:04 Permalink

cbass1017

A good place to begin your investigation of a company is the BBB. There you can see how many people have filed compaints against them and if those compaints were resolved or not. I guess if you really just don't have the time to do it yourself you could look for help from these kind of companies but to me, its kind of like paying someone to go fill up your gas tank. Why pay someone else to do what you can do yourself for free?

Sat, 03/29/2008 - 21:09 Permalink

goodnatured

great point cbass1017,

Some folks really get intimidated by collectors, I mean sometimes collectors can be down right ruthless in their attempts to get a buck from the consumer.

Educating yourself on the laws of fair debt collection and knowing your rights is the first step. Making a stand and dealing with a ruthless collector is another. It is good to have forums like these to come too and get advice. In the meantime, don't answer the phone and send out those cease and desist when appropriate to keep the wolves at bay until you get the information that you need.

excellent resources on the debt forum in their do it yourself section. :) :) :)

Sun, 03/30/2008 - 09:52 Permalink

fireyone

It is no wonder people get intimidated by CA's.. They are always doing things like going into peoples accounts..senting false summons and a million other things I have read on this site. The worst is calling family or the persons work . I hope someday they pass a law on that. Either way the best way to start is here getting educated.

Sun, 03/30/2008 - 22:48 Permalink

goodnatured

You got that right fireyone, knowledge is power, educate yourself so that no one can take advantage of you.

Sun, 03/30/2008 - 23:24 Permalink

sdchargers_63

Do you think credit repair companies are always a scam?

Well......I've looked at alot of credit repair companies. They want such a HIGH 'fee' for "helping you out." i tried to go through one, not too long ago. I lost about $600.00 and found out my creditors weren't even getting paid.

Mon, 03/31/2008 - 22:13 Permalink

goodnatured

If you are going to use these companies, you really need to do your homework first, you can search the bbb and other internet resources to find out what the companies reputation before you put your hard earned in someone else's pocket. You can always do it yourself with a little time invested in educating yourself and standing up to the creditors you can handle debt management on your own.

Tue, 04/01/2008 - 17:36 Permalink

fireyone

I still think self help is the best. Reread some of the post or google credit repair companies. I gaurentee tou will find more horror stories than success stories. It really isn't that hard to do by yourself if your dedicated and who has money to lose by taking chances. I know I sure don't.

Tue, 04/01/2008 - 22:43 Permalink

scott

Definitely not. I am not taking chances with my money. It is better if I have to face tough challenges by doing it myself but NO i wont give it to someone who will waste it and leave me in a deeper mess.

Thu, 04/03/2008 - 07:10 Permalink

goodnatured

I think if you educate yourself that you can do it yourself and save alot of money. and you know what is going on through out the whole process.

Sun, 04/06/2008 - 23:10 Permalink

Morningstar

They are always doing things like going into peoples accounts..senting false summons and a million other things I have read on this site. The worst is calling family or the persons work . I hope someday they pass a law on that.

It's called the FDCPA, and it applies to 3rd parties (friends, family, etc...) and places of employment, and it bans the disclosure of collection account information (3rd parties, not spouses). If you are hoping to explicitly ban all calls to anyone except the debtor, that will never happen.

That's consolidation or settlement, not credit repair.

Mon, 04/07/2008 - 04:08 Permalink

cbass1017

But boy does it ever sound like most of the credit repair companies I've heard of. High fees, not getting exactly what you paid for, you name it. I think the point to make here is that whether its consolidation, settlement, or repair, its something anyone can learn how to do on their own if they are willing to take the time to educate themselves about it.

Tue, 04/08/2008 - 02:36 Permalink

anthony

From what I read from the previous posts, many people are actually going for repair companies which provide settlement or consolidation options. It is information that credit repair, debt settlement, debt consolidation are different things. You should first make your ideas clear to do a good research on scams. Any questions for clarification will be welcome to who knows better about the subject.

Tue, 04/08/2008 - 06:02 Permalink

creditman

Company I use for credit repair

I've been using mycmone.com for awhile and have had no problems with them and there fee is a flat $9.95 per month for both of their programs. They've paid my creditors no problems and I can still use my credit cards. Its not a traditional credit repair company since they don't do settlements but they are pretty quick to respond to my emails and are very friendly.

Thu, 04/17/2008 - 03:01 Permalink

goodnatured

Has your score raised at all, I am curious what all they are doing for you for such a low price, please share with us. It may be something that others want to use.

Sun, 04/20/2008 - 00:01 Permalink

fireyone

That is very true. Any advise will be helpful.

Mon, 04/21/2008 - 01:10 Permalink

goodnatured

I just have never heard of a company that would do such a great deed for such a little price. I would be very interested in knowing more.

Tue, 04/22/2008 - 01:11 Permalink

fireyone

You ever hear those commercials on the radio that insist that most credit repair companies actually work for the creditor themselves. I heard that the other day and thought what bologna. How much do they pay them to sucker us in. An honest person trying to get some help and relief from annoying calls and late bills and they do this.

Wed, 04/23/2008 - 20:48 Permalink

Justin

Thats bad news but thats cent percent true. That is why we people keep shouting repair your own credit. i am sure I am not working for a scam credit repair company.

Thu, 04/24/2008 - 06:28 Permalink

fireyone

I believe a person is much better repairing their own credit. I mean at least you know you can trust yourself. There are soo many fraudulent companies out there now that debt has become such a massive problem. The strong feeding off the weaker people. There is so much good info available to anyine who wants to repair their own credit. A stop here at this website is a good start and I am sure with the internet being such an expansive place there are other avenues one could try also.

Sun, 04/27/2008 - 00:54 Permalink

goodnatured

knowledge is the best defense, the more you know about the more you can do on your own.

Sun, 04/27/2008 - 12:10 Permalink

Amy C. (not verified)

Credit Repair

Actually, I used a credit repair agency by the name of Scorite and they were able to get some things removed and helped me to raise my median score by 56 points! I definetely don't think all credit repair is a scam....

Wed, 04/30/2008 - 01:18 Permalink

goodnatured

Was there a cost to the service Amy, if so how much please. What types of things did they have removed from your report? I have been looking at a few but don't have a whole lot of trust with all the scams out there it is so hard to figure out who is legit and who isn't. Any information that you have as a personal user for this service.

Mon, 05/05/2008 - 12:48 Permalink

fireyone

Hope you get some answers here good natured. I know how hard it is these days to trust any of these companies. I know they are not all fraud companies. I just feel people need to be careful when making a choice.

Mon, 05/05/2008 - 22:16 Permalink

CMBV22

Do you think credit repair companies are always a scam?

The way I see it these companies have to pay their bills and their staff somehow. This means that they are getting money from ppl like you and me to pay YOUR bills and THEIR bills. So, I see it like this: It will sure be easier if you go to the full service pump but, You will sure pay for it in the end. Your better off getting off your rump and doing it yourself.

Thu, 05/08/2008 - 09:15 Permalink

Richard

I think one should have a complete knowledge of the credit repair company first and then go for it. I think we can always share our experiences with credit repair companies in this forum so that people here will come to know who is doing frauds and who all are genuine.

Fri, 05/09/2008 - 05:34 Permalink

goodnatured

There are sure enough frauds out there, where there is a way to scam, there are people out there that will do it. People get desperate and look for a way out and unfortunately find themselves dealing with people that don't have their best intrest in mind.

You should always fully investigate the company before handing over your hard earned cashed to them. coming here is a good way to find out what is really going on with a company. This is a good place to be.

Thu, 05/15/2008 - 00:45 Permalink

Mary

Hi goodnatured

You are correct. This forum is a wonderful place to discuss about the credit repair companies and our experiences with such companies, so that others in the forum can be benefited.

Thu, 05/15/2008 - 05:55 Permalink

fireyone

It is actually nice to be able to help someone else. Having gone through times like these we all can feel for someone else who just began trying to get everything fixed.

Sun, 05/18/2008 - 23:18 Permalink

goodnatured

You know what they say fireyone, experience is the best teacher, well even if we walk away from a bad experience with something learned it is not a total loss, we can then share the information and move on from there.

It is natural for us to get all stressed out when we hit these financial crisis, but what we take a way from it is invaluable. A kid won't touch a hot plate if they have been burned previously from it, so this is sometimes the way we learn.

Mon, 05/26/2008 - 14:01 Permalink

anthony

I too think that even sharing bad experiences help us learn something. When anybody is hit by a financial crisis as goodnatured pointed out and he shares his situation with the forum, not only does he gets help of how to get out of the situation, but also others can gain knowledge of how to get out of the situation if faced with similar crisis. I myself have benefited by learning a lot from this forum

Tue, 05/27/2008 - 06:46 Permalink

maynor

Do you think credit repair companies are always a scam?

For the most part they are

Fri, 06/06/2008 - 21:30 Permalink

creditcardware…

I have personally used lexington law and it is not a scam. My score raised about 40 points in six months. However i stopped using them when equifax sent me one of their letters claiming that they cannot verify information for a third party. Meaning it had to come directly from me. And when i looked at what they wrote it was as a 10 year old wrote the verification letter. Nothing fancy and nothing Lawyerly about it. So i decided instead of paying 60/month why not just do it myself. Which I did and I got better results. So my advice is that although they are not scams you can do probably a better job doing it yourself.

Fri, 06/06/2008 - 23:48 Permalink

goodnatured

creditcardwarehouseonline can you put a sample letter on here so the rest of us can use it please?

Mon, 06/16/2008 - 03:26 Permalink

Marc Williams

There are many companies that are not a scam!!

Hi,

There are many Credit Repair Companies that are not a scam, but you have got to be careful. Make sure that they only bill you when work is completed and that they don't guarantee that they will clean up your reports, because you can't guarantee that. A good alternative is a guarantee where you don't pay for their service unless they are successful in improving your credit reports.

If you are looking for a Credit Repair Company, do yourself a favor and first look for a Credit Repair Guide and/or Credit Repair Analysis on the internet and if you get a good response you can move forward.

Good luck!! :D

Wed, 07/09/2008 - 16:29 Permalink

goodnatured

True, always do your homework before investing your money. You can learn about credit repair and do it yourself, you end up with a good education on credit this way also.

Thu, 07/10/2008 - 03:17 Permalink

Justin

You are right goodnatured. Although it is true that all credit repair companies are not scams, yet going for a credit repair companies will extract dollars out of you. Instead of spending dollars to repair credit, we can use these dollars to repay our debts. I think there are many pages in the creditmagic forum itself which gives us an idea of how to repair our own credit by just keeping track of our credit reports.

Thu, 07/10/2008 - 10:32 Permalink

goodnatured

I know, we should work on a page that talks about credit repair, maybe we could all contribute to it and come up with a guide some how. I could use it myself. Is this something that you want to work on?

Thu, 07/10/2008 - 15:30 Permalink

erb1953

Thats a good idea, we should do one just on them, it would be easy to find and we could attempt to keep it organized.

Thu, 07/17/2008 - 03:09 Permalink

fireyone

I agree with Justin. The money spent on credit repair would help paying off other bills. Most of what they do people could do theirselves. There is actually things you have to do yourself anyway like verifying. I would like to see a site on the repair process.

Thu, 07/17/2008 - 15:40 Permalink

Justin

Yes, some of the steps that we can take to repair our own credit may include:
1) keeping track of our credit report on a regular basis
2) notifying any discrepancies in the credit report immediately to the credit reporting agencies
3) sending a DV letter to the CAs if you find any listing that do not match with our record. Or you may even send a DV letter to validate your debt, and try to make the creditor agree for PFD.
4) Asking the creditor to delete any unauthorized hard inquiry if you find any in your credit report.

Fri, 07/18/2008 - 09:43 Permalink

fireyone

Pretty good advise once again Justin.

Fri, 07/18/2008 - 12:34 Permalink

coleman

Never

Its not always put as a scam

it only depends upon the condition

Tue, 07/22/2008 - 09:32 Permalink

Anonymous (not verified)

I have gone through debt consolidation before, and everything worked out like I asked it would. My credit is better, and the fees were def. worth the experience.

Tue, 07/22/2008 - 14:44 Permalink

JPolito830

I agree that it depends on the conditions and which company you choose. I chose a solid company, that I reviewed online for several weeks. Worked out perfectly!

Tue, 07/22/2008 - 14:45 Permalink

fireyone

Good thing to do JP. Never trust a company you haven't researched. A good place to start that research is BBB (better business Bureau). You can see complaints that have been filed and how they are rated. You amy also find ones that may help you by looking at hrier mreviews.

Wed, 07/23/2008 - 00:01 Permalink

goodnatured

And you can always come here and look for advice, many people here have had experience with many different companies.

Thu, 07/24/2008 - 01:12 Permalink

fireyone

That is also a really good avenue to take as good natured suggests. You could post it as a quaestion and see if anyone else did any business with whom your are considering.

Fri, 07/25/2008 - 00:11 Permalink

Pay for delete letter: Negotiate to remove negative listing

Laura — Fri, 08 Feb 2008 06:27:43 +0000

Pay for delete letter: Negotiate to remove negative listing

Forums

Credit repair

Laura Fri, 02/08/2008 - 06:27

What is a Pay for delete letter?

A Pay for delete agreement is normally made with the original creditor or a collection agency (CA) to remove an outstanding debt listing from your credit report.

If the name of the creditor or the CA gets listed in your credit report with a particular debt, you should first ask for debt validation by sending a Debt Validation (DV) letter to the creditor. Once your debt gets validated by the creditor, you need to send a Pay for delete letter.

A Pay for delete letter is sent as part of your negotiations with your creditor for a repayment plan to pay off your outstanding debt. If the creditor agrees to a Pay for deletion agreement, the negative listing gets removed from your credit report once the debt has been repaid in full. You should always get the Pay for delete agreement in writing so you have proof that the creditor agreed to delete the negative listing from your report, if they refuse to remove the negative item from your report after you pay off the debt.

Sample Pay for delete letter/Pay for deletion letter

Name of Collection Agency
Address of collection agency

Re: Collection Account for Original Creditor Account Number
Amount: $50.00

Dear Sir or Madam,

This is for your information that I am disputing validity of the debt referred to above. I am not aware of the account number and you have not informed me of the existence of this account.

I am willing to pay this account IN FULL (or a settlement percentage, whichever is feasible) if you agree to immediately delete the account from the credit reporting agencies (namely Equifax, TransUnion and Experian) that you have reported to, and validated this account. My sole purpose is to get this item removed from my file. This letter should not be interpreted as recognition of the debt or acknowledgment of liability for the debt.

If you accept the terms of this agreement, the certified amount of $50 will be sent to your collection agency provided there is complete deletion of any reference to the debt from my file on all the credit bureaus that you have reported to, and the debt is validated. As the full amount demanded will be paid back, there should not be any waiting period to delete this item from the reporting bureaus.

Your agency should delete all information regarding the account from my credit files within 10 business days from the receipt of the payment, as mentioned in this agreement. The terms of this agreement will not be discussed with anyone but the original creditor. No third party will be informed if contacted and no acknowledgment of the debt, any kind of payment, or settlement will be discussed if I am contacted by the Reporting Agencies.

Following the acceptance of the agreement, please prepare a letter on your company letter head unambiguously agreeing to the aforementioned terms and conditions and have it signed by your agency's authorized signatory. This letter will imply a legal contract, enforceable under my state law.

If I do not receive an approval letter within 15 days of your receipt of this letter, I will withdraw this offer.

Please communicate regarding this account to the address mentioned below.

Your Name
Your Address
State Zip Code

diem

And another:

Collection Agency
666 Evil Street
Hades, Hell 00000

Re: Collection Account for Original Creditor
Account #: 00000xxxx
Amount: $25.00

To Whom It May Concern:

This letter is to inform you that the validity of this debt is disputed. I am not sure of the account number, as I have never heard from you regarding this account. The account number I have is the one listed on my Experian credit report â€“ which omits the last few digits.

In the spirit of compromise, I am willing to pay this account IN FULL (or settlement percentage) if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.

If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($25.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.

If you agree to the above terms, please prepare a letter on your company letterhead explicity agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.

Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.

Please address all correspondence regarding this account to:

Mr. INeedCreditHelp
123 Any Street
City, State ZipCode

Wed, 02/20/2008 - 19:27 Permalink

crackerjack

These both are some really good examples of pay for deletion letters, I think it is great that you guys come on here and share this knowledge. Whenever you need to go for pay for deletion agreement you can use the letter of deletion.

Sat, 03/08/2008 - 08:58 Permalink

goodnatured

pay for delete agreement

I totally agree, we need more samples of letters on pay for delete agreement and someone who is willing to assist the person having the problem either through the forum or through pm if the person does not want to put all their private information out there for everyone to see. I think that people on this site would do just about any thing to help another out.

Sun, 03/09/2008 - 12:23 Permalink

charles.armbruster

Well, I don't know if I can spend alot of time answering individual questions, but I will sure try -- we all need good, solid economic help. I counsel clients with credit and liability management for a living. And, I'm sure I can learn alot by counseling on this site.

Bring it on! I'm not the smartest man in the world, but I have resources! Of course, anyone is welcome to PM me, too.

Fri, 03/14/2008 - 06:27 Permalink

anthony

Thanks a lot for your open help Charles.

Sat, 03/15/2008 - 10:37 Permalink

goodnatured

Great offer charles, thank you for extending your time to the community like this, hopefully those in need wil take you up on the offer, sometimes people need the individual help one on one.

Sat, 03/15/2008 - 11:08 Permalink

jmacus

good examples but would this strategy work if they have evidence that it's your debt?

Mon, 03/17/2008 - 01:26 Permalink

Laura

Yes it does work. A pay-for-delete helps in negotiating with the CA for a lower amount and if they agree, they settle for the amount negotiated and remove the negatives from the report. So you are actually paying for the removal and also the debt when you negotiate for the pay-for-delete.

Mon, 03/17/2008 - 08:59 Permalink

carol

Whenever you send a letter of deletion for negotiating for pay for deletion agreement, you should always do it by registered post. This is because you need to have a proof that the creditor has agreed to your pay for delete letter which you will require if they do not remove the debt from your report once you pay off the debt in full.

Mon, 03/17/2008 - 09:16 Permalink

Mikey (not verified)

WHat is certified funds?

What exactly does certified funds mean?

Thu, 03/20/2008 - 01:09 Permalink

Morningstar

A cashier's check or a money order, for example, but not a personal or business check.

Thu, 03/20/2008 - 05:35 Permalink

goodnatured

Would be something that you have actually exchanged the cash for an that you can not recind, like a money order or certified check.

Sat, 03/22/2008 - 21:24 Permalink

Morningstar

It is possible to rescind money orders or cashier's checks, it is simply not common to do so.

Sun, 03/23/2008 - 07:48 Permalink

firebird (not verified)

how2 pay debt coll. and dispute the negative judgement?

What if you have a debt that shows up on your credit report, that looks like other fraud credit inquiries that's been happenning to your credit, BUT after an investigation, you find that while the other credit inquiries are indeed fraud, the debt that has been marked a negitive judgement on your report IS actually your own debt?

The error that had happenned was that the bill was never sent to the correct address, but to the previous address you had lived at, 2 months after you had moved!

Had the bill been sent to your proper address, or had there been any attempt to contact you via phone, you would have paid it, as your track record show that you always pay on time, never late.

How would it be possible for you to pay back the amount of debt but at the same time have them remove the negative judgement from your report, because it is an error on their part that you had never received the bill?

Any advice at all would be great!

Thank you!

Mon, 03/24/2008 - 02:39 Permalink

Morningstar

You would need to have the judgment vacated. Contact an attorney, or the court clerk to find out how (if) this can be done.

Mon, 03/24/2008 - 06:32 Permalink

goodnatured

Wow firebird, I bet this was a big surprise, I agree with morningstar on this one, I would think that the local court where the judgement was filed could answer all your questions on the removal. Have you tried to contact the original creditor on this case? Do you know who was representing them, what firm? You may be able to contact them also and see what can be done. I wish you luck with this. Please keep us updated.

Thu, 03/27/2008 - 02:01 Permalink

fireyone

I bet that probaly does happen alot. They are suppose to forward all mail but I know from recent moving it doesn't always happen. It does seem unfair. You think they would have sent out a few bills before sending it to the credit report. I know I am SWAMPED with med. bills. Sometimes I have to take turns paying one set one month and another the following. Usually the ones I didn't pay for the previous month will send me a letter saying it needs to be paid on in 30 days or they send it.

Thu, 03/27/2008 - 21:17 Permalink

goodnatured

You can only pay what you can pay fireyone, just keep doing it they way that you are and you will keep the wolves at bay any way. When do you expect to have results on your accident, maybe then you can pay them all at once and get rid of them. goodluck and hang in there.

Fri, 03/28/2008 - 00:46 Permalink

fireyone

I wish I knew the answer to that magic question. I have never been so annoyed with anything in my life. I was planning on paying off those bills and the two credit cards that aquired such large balances. After I was hurt we had to use them ALOT. The girl who answers my phone calls at th atty office keeps sayong "after this round of shots' or "it hasn't been a year yet..we are right on schedule" I told her to tell that to my bill collectors and she just stays quiet and takes the convo. elsewhere. I had trigger point inj. last week and have a follow up in two weeks. Seeems to be working some. Even so I still have to have these possibly evry six months or so since there is no way to fix my arm to preaccident condition. I think they are also waiting on chiro records. Chiro moved and we are having problems getting my records even though he keeps saying hes on top of it. Go figure. My atty. actually sent me a letter telling me that I would have to try to get them since they were getting no where. I'm pating them for what? K this is off the thread topic but hey you asked and I needed to vent.

Sat, 03/29/2008 - 13:15 Permalink

goodnatured

well, once you get your money you can pay them off and be done with it, I don't think it is fair in the mean time that you get all the fees that go on the card for being late.

Sat, 03/29/2008 - 22:40 Permalink

fireyone

I totally agree. I think once the debt is sold from the OC the price should freeze. I mean by the time they sell it the amount owed has already doubled from over the limit and late charges. Maybe they keep adding them so when they offer you a settlement that is still twice the amount of the original card..then you think your getting a deal.

Sun, 03/30/2008 - 01:37 Permalink

goodnatured

It is a bunch of crap how it ends up building and building, I don't think it should be legal. The OP never gets the money once it reaches this point anyway, usually by this point it is sold off at a fraction of the price and the zombie debt buyer makes the bucks on it if they collect it, which is usually not the case.

Sun, 03/30/2008 - 02:47 Permalink

fireyone

There sure is enough junk debt buyers out there. When I visited a site on it recently I coul not believe how many there is. My eyes got tired of looking at the list.

Sun, 03/30/2008 - 22:40 Permalink

goodnatured

There is a growing market for it, then they open up a call center and train collectors on how to collect, unfortunately they only give them enough training to violate the law or just on the brink of violating it. I think a lot of them work on a commission or get a bonus for collecting also which gives them more incentive to be jerks.

Mon, 03/31/2008 - 02:34 Permalink

fireyone

Very true goodnatured. This was done in an area near me a while back. My tanning bed lady opened a call business and attempted to collect old debts. I remember her asking me if I wanted a job and I inquired about it. She told me it is really easy. I guess if you find being a jerk really easy then it would be. Not for me. She didn't stay open very long. Wish this would happen to all of them.

Tue, 04/01/2008 - 23:03 Permalink

sdchargers_63

credit

Ok....I read the VERY FIRST post, that was written here. Maybe I misunderstood it..I don't know. BUT......here it goes. As I was reading it, the post stated the ACCOUNT NUMBER was NOT recognized, with the amount of $50.00 owed. However.....it stated about making some form of arrangements to pay it off. Here's my question, about THIS situation.......................if you DON'T recognize the account and you DON'T recognize the CA who is trying to collect on this, why would you 'negotiate' ANYTHING, if you are not even sure if THIS debt is yours?

Wed, 04/02/2008 - 13:52 Permalink

goodnatured

This is a case where debt validation certainly come in to play, if you don't believe the debt is yours then don't pay it. So, certainly get the debt validated.

Sun, 04/06/2008 - 23:20 Permalink

sdchargers_63

debt

Sometimes I have CA's calling me, even AFTER the 'accounts' have expired. USUALLY, when I ask for some kind of paperwork, to PROVE the account is still 'outstanding', they tell me they "are not obligated to send me anything." Gee......I wonder why!?LOL

Mon, 04/07/2008 - 03:51 Permalink

goodnatured

I do believe they are obligated to send you what you request, they want paid right? Why would you send money and have no proof of owing it, thats just crazy for them to expect that.

Mon, 04/07/2008 - 10:49 Permalink

erb1953

I can just copy and paste to use this letter right?

Mon, 04/14/2008 - 15:24 Permalink

Laura

Hi erb,

Yes ofcourse you can do a copy and paste but make sure the descriptions and numbers that you mention are completely yours. Have to be a little careful. :)

Wed, 04/16/2008 - 05:12 Permalink

goodnatured

True, make sure that you proof read the letter before sending it off, nothing like copying all the wrong information, LOL, just make sure every thing in the letter is your stuff. Goodluck, hope your situation improves.

Sun, 04/20/2008 - 00:04 Permalink

fireyone

I love the copy and paste feature. Proof reading is definately a good thing to do.

Mon, 04/21/2008 - 01:03 Permalink

goodnatured

Proof reading is a must when you are sending any correspondence, copy and paste or not.

Tue, 04/22/2008 - 01:20 Permalink

fireyone

I can be guilty of not proofreading but I do still try to do it as long as I am not in a hurry.

Wed, 04/23/2008 - 20:45 Permalink

Justin

The main thing to do in this case is replace own information with the one existing in the letter. The cause, complains, law section might need alteration because every letter is case specific. Am I right?

Thu, 04/24/2008 - 06:24 Permalink

fireyone

I would imagine that it would. Each letter depending on your situation would need to conform to what you need it to. there are alot of sample letters on this and the other forums people can access.

Sun, 04/27/2008 - 00:56 Permalink

goodnatured

i think the general idea of the letter is to give you some idea of what to write, you don't have to use it at all, but get a general idea of how to word it.

Sun, 04/27/2008 - 12:04 Permalink

fireyone

Thats what I was thinking. Someone like me could really find a sample letter very useful since I am not the best at documents.

Mon, 05/05/2008 - 22:28 Permalink

goodnatured

True, always good to have a sample to follow.

Thu, 05/15/2008 - 01:09 Permalink

scott

Sample letters always provide a general idea of how to write a letter. One can however use the sample letter by just simply changing the personal details, or he might also take help of the sample letter to format his own one.

Thu, 05/15/2008 - 08:29 Permalink

fireyone

Thats something I would do. I am really crappy at writing any type of letter.

Sun, 05/18/2008 - 23:12 Permalink

goodnatured

Well then aren't you glad that this site is here to offer the help that you need, I think alot of times people are so frustrated at this point that they can not think clearly enough to get a letter down on paper, I think that is when these letters really come in handy. It at least gives people a good starting point.

Mon, 05/26/2008 - 16:35 Permalink

scott

Actually the sample letters helped me a lot in getting hint of how to write the letter. At the time of urgency, these letters come in handy. I am really grateful to this forum and its members for making this community a wonderful learning platform.

Tue, 05/27/2008 - 08:05 Permalink

carol

The most interesting feature of creditmagic is that the sample letters are made sticky in the credit repair section which makes it easy to access. We can browse the credit repair section of creditmagic and refer to these sample letters anytime we need.

Wed, 05/28/2008 - 10:57 Permalink

Randall

Should I add this to a Letter of Deletion?

Am I ever glad to have found this site. Great tools and information. The 2 sample letters of deletion are great, but I have a question about adding to them.

Having read quite a bit on this topic elsewhere, I've seen others suggest to state or imply that "you want them to know that youâ€™re dealing with lots of different creditors and the ones who are willing to deal with you will be the ones who will get paid . . . and, that you only have a small chunk of money to work with".

I am wondering what others think about this and if I should directly state this in my letter of deletion? The above statement accurately describes my situation.

Thanks!

Randall[/u]

Thu, 05/29/2008 - 23:17 Permalink

Mary

I agree with you Randall. If you mention this with your pay for deletion letter, I too think that they will try to come with favorable terms with you. This is really a good idea. Actually there is a lot to learn from this forum and thanks for joining this forum with your ideas.

Fri, 05/30/2008 - 11:21 Permalink

CMBV22

Randall, PLease be careful about sending a letter that will admit your obligation to the debt. This will make any future DV etc very difficult. What if you send theose letters & you car dies. Well, now you cant pay all of them but they have a letter from you saying yeah, I owe you this money but, I am only going to pay the forst 5 ppl who contact me....

Fri, 05/30/2008 - 16:05 Permalink

Randall

Sample of Pay for Delete Letter

Thank you. Yes, I will be be careful and not rush this. I'll take today and though the weekend to work on this.

I've drafted a first version letter of deletion which states among other things, "My letter should NOT be construed as an acknowledgement of liability for this debt in any manner".

Fri, 05/30/2008 - 17:15 Permalink

scott

Hi Randal
I think that you will be at risk if you follow your previous idea " ones who are willing to deal with you will be the ones who will get paid . . ." Your present letter, of which you have given a hint, is much more acceptable and formal.

Sat, 05/31/2008 - 06:01 Permalink

Reaging accounts: Sample letter for account reaging request

Laura — Wed, 16 Jan 2008 05:09:08 +0000

Reaging accounts: Sample letter for account reaging request

Forums

Credit repair

Laura Wed, 01/16/2008 - 05:09

Date:

Re:

Dear Sir/ Madam,

This is to inform you that I have been unable to make payments on time for the past [insert number of months] months due to [insert reason for late payments]. My earlier payments have always been on time. I have been successful in recovering from [insert reason for late payments] and am now capable of paying back the debt.

My account with you has been delinquent for the past [insert number of months] and I am more than willing to repay immediately. I will be paying for the next consecutive three months as proof of my ability to repay my obligation. This is an earnest request to you to consider re-aging my accounts if I fulfill all the eligibility criteria. I would be obliged if you consider my request.

Please get back to me for any further information that I might be able to furnish you with. Thank you for your cooperation.

Sincerely,

Laura

To get back in control of an account gone awry, you can try to re-age that account. Re-aging can be used to clean your credit history. For example if one of your accounts have been delinquent for few months and now you have the capability to pay back, you can negotiate to re-age that account so that the negative remark (delinquent/late payment) is deleted and is marked as "Current".

This is not an easy process and you have to meet a lot of criteria to be eligible to get your account re-aged.

Criteria 1

You have to show your willingness and capability to pay back the obligation.

Criteria 2

The account should be a minimum 9 months old.

Criteria 3

You should be making payments for 3 consecutive months or paying a lump sum on the debt.

Criteria 4

The loan should not have been re-aged in 12 months.

Criteria 5

You should not apply for or open a new credit account until the balance goes below the pre-delinquency credit limit.

Once you fulfill these criteria, you might be eligible for a re-aging of the account. It is tough, but not impossible.

Wed, 01/16/2008 - 05:17 Permalink

SunDevilsFan

Not trying to throw a wrench in the spokes...

But, I have been with the impression that reaging is when a collection agency states a payment was made (falsey of course) to keep an account within the SOL... or current...

Or, are we talking about something completly different???

Thu, 01/17/2008 - 11:44 Permalink

Laura

Reaging accounts: Sample letter for account reaging request

Now Sun this is a completely different thing here. reaging accounts is to get out of a temporary condition of financial difficulties like loss of job, some crucial and genuine family problems may be a death, medical emergency etc. This is the re-aging of open ended accounts.

The one you are talking about is done by the collection agencies but the one we are discussing here is something that has to be initiated by the consumer and has Federal Laws and Regulations to accomplish it.

Fri, 01/18/2008 - 04:32 Permalink

erb1953

Real good post here Laura, thank you for putting this letter together and posting it for all to use. great job

Sat, 03/01/2008 - 12:46 Permalink

Laura

Thanks ERB,

It feels good to know that it is of help to you all. Account reaging is quite confusing. Sun gave a completely different scenario whereas I have given something else. may someone can explain the difference here?

Wed, 03/05/2008 - 10:55 Permalink

fireyone

Re-aging done from a collection agencies is them doctoring your dat of last activity to put your debt back into SOL. It is always important to keep all documentation pertaining to debts for your own security...such as re aging accounts.
I think Laura did an awesome job in explaining account reaging.

Mon, 03/24/2008 - 18:45 Permalink

goodnatured

Me too, I think it is great to have examples like this readily available to people, it really helps a lot.

Mon, 03/24/2008 - 22:39 Permalink

fireyone

I can tell you most of what I have learned I learned here at the forum. Just by reading all the posts one can really benefit.

Mon, 03/24/2008 - 23:48 Permalink

goodnatured

You sure have come a long way, you are giving some great advice, besides isn't it nicer to come here and conversate rather than sitting around watching television, you can learn and earn!!!!!!!!!!! :D :D :D

Tue, 03/25/2008 - 01:11 Permalink

fireyone

I hate TV. I would rather read any day than watch the tube. Now my hubby can watch a movie 800 times over. I like giving advise especially when it helps but I really like when they stop back and tell us they were successful. Granted everyone can't have a success story but maybe at least a much happier ending.

Wed, 03/26/2008 - 00:48 Permalink

scott

Learning being a part of life requires investment of time. If not shared then how does learning help? I am loving the spirit of the forum posters. Great going. However we can stick to reaging on this thread. How about making a thread for appreciating members LOL.

Wed, 03/26/2008 - 10:03 Permalink

goodnatured

You could start that thread scott, LOL, we do get off subject sometimes and need to be corraled back on course.

Wed, 03/26/2008 - 10:50 Permalink

fireyone

Sometimes I think ikts alright to get off track a bit...gives the head a break.

Wed, 03/26/2008 - 18:53 Permalink

goodnatured

Just becareful not to linger to far, LOL

Thu, 03/27/2008 - 01:34 Permalink

fireyone

Very true. I could never get far enough anyway.

Thu, 03/27/2008 - 20:50 Permalink

goodnatured

Lol, okay fireyone

Fri, 03/28/2008 - 00:47 Permalink

fireyone

It really should be easy if you have an old credit report to show if a company reages right? I mean I don't keep reciepts forever so if a company does reage a debt and you have a credit report that shows that same account with a different date of last act. wouldn't that help prove they reage it?

Sat, 03/29/2008 - 13:07 Permalink

goodnatured

If they reage it your reciept would not match it anyway, I wonder how the credit reporting agencies let this go on, they could demand proof of actual payment to update the status of a credit report.

Sat, 03/29/2008 - 22:37 Permalink

fireyone

I am trying to figure out what proof a person theirselves could have. Don't you thin k an old credit report would work? It would show the date of last activity, say as of Nov 2001. Then in that same report it would go onto show 120 days late and so on. If they reage you would at least have that report to show when you last made payment. It would throw some doubt on the creditor trying to reage. I only say this cause I think it would be a wise idea to put up copies of old reports and not throw them out.

Sun, 03/30/2008 - 01:29 Permalink

goodnatured

I would think that it should work, I mean after all it is coming straight from the original creditor right? I would think that should suffice as proof that payment has not been made since that date, after all why would it be in the collectors hands if you were making payments after that point?????

Sun, 03/30/2008 - 02:49 Permalink

fireyone

Thats what I was thinking.

Sun, 03/30/2008 - 22:34 Permalink

goodnatured

It just makes sense, why would it not reflect payment activity, they would have to admit to a payment being made and then provide proof of that payment if questioned on it. If a payment was not made then they have no legal proof of the allegded payment. I would think that they could get in a lot of trouble for this.

Mon, 03/31/2008 - 02:39 Permalink

fireyone

I would hope that they would. They use such unfair tactics. I think the laws on these people need to be tightened and enforced more. Maybe then it would get rid of the really ignorant CA's.

Tue, 04/01/2008 - 22:38 Permalink

sdchargers_63

credit

If people do send letters, to creditors, to 're-age' accounts, are the creditors OBLIGATED to do this? If so, are they OBLIGATED to 'up-date' your Credit Report? If Creditors DON'T agree to this...then what?

Wed, 04/02/2008 - 13:35 Permalink

sdchargers_63

credit score

When I fall behind in payments ( for whatever reason) I like to call my Creditors and let me know what's going on with me. They DO say they do appriciate me calling. Sometimes I can make NEW payment arrangements with them. By doing this, isn't THIS (almost?) like 're-aging' over the phone? Or would it just be MORE affective, if a letter is given?

Wed, 04/02/2008 - 13:40 Permalink

TheZster

great letter. Not many are aware that this can be done. As always get something in writing.

Wed, 04/02/2008 - 18:21 Permalink

goodnatured

True, print will hold up in any situation.

Sun, 04/06/2008 - 23:17 Permalink

sdchargers_63

debt

I guess it's better to 'have it in writing' than to explain it to someone or 'dispute' over the internet. If it's ON PAPER, it's more 'evidence' (lack of a better word).

Mon, 04/07/2008 - 03:56 Permalink

Morningstar

If people do send letters, to creditors, to 're-age' accounts, are the creditors OBLIGATED to do this?
No.

Mon, 04/07/2008 - 04:15 Permalink

Laura

Letters do not obligate creditors unless it is abiding by the Federal or state laws.

Mon, 04/07/2008 - 04:46 Permalink

sdchargers_63

ca

Well......at least you would have SOMETHING on paper, besides just 'your word' (not saying you can't take someone's 'word' for something).

Mon, 04/07/2008 - 10:40 Permalink

goodnatured

True, I have never had any of them abide by any law nor provide me with what I requested.

Sun, 04/20/2008 - 00:16 Permalink

fireyone

From the sounds of it not too many people do.

Mon, 04/21/2008 - 00:58 Permalink

goodnatured

It gets really annoying and time consuming when you are trying to get answers, yet they can call and call and annoying the heck out of you when they want to collect. If the bill is legit, what is the problem with verifying the facts.

I once read where when a collection agency buys accounts, they buy them in bulk, they don't get half the legal information and contract information that is needed to legally collect the debt. I have read up a lot on this, they end up with too little enough information to collect, but just enough to contact and annoy the hell out of you.

Tue, 04/22/2008 - 01:36 Permalink

fireyone

That is exactly what I have heard to. The statute of limitations should also include not containg the person to collect a debt either. Once it expires (sol) it has already been how many years ? If the person was gonna pay they more than likely would have been m ore inclined to do so before the statutes ran out. So the statutes not inclding dropping all communications with the debtor only leaves the door wide open for harassment.

Wed, 04/23/2008 - 20:41 Permalink

Laura

Best way to get rid of them is by reporting to the Attorney General's office.

Fri, 04/25/2008 - 06:07 Permalink

Amir Rubin (not verified)

Debt elimination help

Last year I started a website, masteringmydebt.com, that is intended to provide free debt elimination help. The site was a result of a vendor that wanted to charge me over $10,000 to help me eliminate my debt. Most of you will agree that that such a cost is absurd given that a person is trying to get out of debt. I currently pay a monthly subscription to enable all my visitor to receive over three dozen calculators for free. I try to make up my monthly costs with advertising throughout the site. However, aside from books that are for sale as part of an Amazon affiliation, a visitor can receive everything else for free. Please visit my site and help spread the word to others.
Good luck to all,
Amir Rubin
masteringmydebt.com

Sat, 04/26/2008 - 18:10 Permalink

fireyone

I would think the atty general would be an excellent place to start. I have been weeding out all the collectors that call here with that threat. They aren't even my collector(s). They are for someone who recently had this number before I moved to the area. I finally got to the last one last week. So far it has been really peaceful aroung here without the phone ringing but I am sure it will start all over again..either the same places start all over or they sell it and leave MY number on the account.

Sat, 04/26/2008 - 23:29 Permalink

goodnatured

I would call the phone company and tell them that I want a new number right now before people get too used to the company, this should be a reason why to get it changed for free. You should have no problem with the phone company abiding by this request.

Amir Rubin

thank you for the resource, I will be sure to go and check it out, stand by for a review LOL. No really, thanks for taking the time to put it together and sharing with us.

Sun, 04/27/2008 - 12:26 Permalink

fireyone

Well short-lived the silence that was.Not even a week and here we go again. Hubby is adament he does not want the telephone number to change. He says wait until we get "some matters" taken care of..like the bank,atty and so forth before we change.

Mon, 05/05/2008 - 22:23 Permalink

goodnatured

I would have done it the first week that I had to deal with the crap. Hope you can get it taken care of soon.

Thu, 05/15/2008 - 01:22 Permalink

fireyone

I will after I settle everything with my atty. I don't want them to think I am changing it becasue the bill collectors are really after me. It wouldn't say much for my character.

Sun, 05/18/2008 - 14:01 Permalink

goodnatured

Hope you can get it taken care of soon

Mon, 05/26/2008 - 18:03 Permalink

fireyone

Yes me to. They are telling me that it could still be a good three months or p[ossibly longer. ERRR

Wed, 06/04/2008 - 00:17 Permalink

goodnatured

that is just nuts, I would be pushing to get it taken care of sooner.

Mon, 06/16/2008 - 03:14 Permalink

goodnatured

fireyone,

Have you gotten any resolution on this yet?

Wed, 06/18/2008 - 03:07 Permalink

erb1953

What has happened with this, fireyone are you still with us?

Thu, 07/17/2008 - 03:14 Permalink

fireyone

Yeah I went on a brief escape but I am back now. I have been waiting for this to settle but it is taking forever. They are awaiting documents from the oral surgeon showing the accident caused TMJ. I went and got them myself and sent them in. Now My personal health insurance is attaching my settlement for $1700 it paid out so far (plus I have another "surgery" on tueday. That is what they consider my injections to be.) They are awaiting dor documents from them to show they are entitled to recovery of that money. They are also waiting for paperwork from my own insurance company proving I was unstacked.
They say after they get all this they will put in an offer but it could be another 60 days still. I am past stressed out. Now my work won't let me cut plants due to being a liability so no work AGAIN. I can't even claim the lost wages from this year since I went back to work. WHATEVER.
I am praying she had decent coverage because if she only had MIn. that is almost going top be gone after the atty fees and paying my health care back.
I aquired some pretty good debt after the accident and need to get it paid off. It is strangling us . I guess I will just continue to wait and see.

Thu, 07/17/2008 - 15:26 Permalink

sdchargers_63

debt

Can someone please explain to me the 're-aging' process? Of course, I've read some about it, but, what doeas it mean? Does this have to do with letters toyou send to CA's, or the debts, themselves,etc.? Is 're-aging' like a SOL?

Fri, 10/24/2008 - 13:21 Permalink

fireyone

SD..sometimes when a bad debt (credit card) gets close to the SOL the debt collector who bought the debt will try to sneak and update the debt so it isn't past the SOL and they can still sue you. They will sometimes change the date of last payment/date of last activity a few years so that they can legally sue you. Thats why it is so important to kep track of any debt that is in bad standing. I printed my report at the beginning of the year when my SOL was up. It shows the original creditor's listing of the last payment they recieved. This way if any company purchases the debt and tries to change they date I will have proof that they did.

Sun, 10/26/2008 - 01:05 Permalink

Debt validation letter: Sample letter to dispute your debt

Laura — Thu, 29 Nov 2007 04:48:18 +0000

Debt validation letter: Sample letter to dispute your debt

Forums

Credit repair

Laura Thu, 11/29/2007 - 04:48

What is debt validation?

Debt validation is the debtor's right to ask for validation of a debt a creditor claims he owes. A letter requesting validation of the debt should be sent to the creditor or the collection agency, if they claim that you owe the debt, either by sending a collection letter or by reporting the debt on your credit report.

Debt validation letters (DV letters) should always be sent by certified mail requesting a return receipt or faxed, so that you have proof that you have asked for the debt to be validated if the creditor fails to validate the debt. When you ask for debt validation from a debt collector, they need to provide you with a copy of the original signed contract between you and the original creditor and the account statement showing your outstanding debt. In addition to these two documents, the collection agency must provide you with proof that they have been given the right to collect the debt by the original creditor, or they have purchased the debt from the original creditor.

On receiving the debt validation letter, the creditor or the collection agency must provide you with proper validation within a few days from the date they receive your DV letter. If they fail to validate the debt within this period, then you are no longer liable to pay the debt under the Fair Debt Collection Practices Act.

Here is a sample debt validation letter which will help you to ask for debt validation.

Your Name
Your Address

Name of CA
Address of CA
Date:

Re: Your Account No:

Dear Sir/Madam,

I checked a copy of my credit report and realized that there was a collection reported from your agency, which I was not notified about. I do not reject to provide with the debt amount. However, this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b), that your claim is disputed and a validation is demanded. This is asking for proof regarding the debt that I owe and verifying it.
I am requesting you to stop all collection activities including reporting this information on my credit report. I am sure that you are aware of the fact that non-compliance with this request may end up in legal obligations.

Please dispatch copies of the following with your reply:

1. The agreement which authorizes you to collect debt on the assumed debt.
2. The signed agreement from the debtor confirming to pay the debt.
3. The documents regarding the payments made on this account and validation of the amount.

With regards,

Your Signature
Your Name

Hope this helps :)

george

Hey Laura great letter. Look at this one. This is a debt validation follow up letter that can be used up if they dont communicate after the letter that you sent

Your Name
Your Street address
Your City

Date:
RE: the account number

Dear Sir/Madam,
I had sent you a request to validate my debt, account no.__________ on____________.

According to the Fair Debt Collections Practices Act (FDCPA), I have the right to aver a validation of the debt and you are obligated to provide me with the relevant documentation. I have received no reply from you except the confirmation of receipt of letter on____, whereas the other credit bureaus have sent their verified document.
You are now in violation of the FDCPA and subjected to a fine of $1,000 (refer to the act for updated value), which I may collect by filing a claim. I intend to continue with the suit in case I receive no further communication from you within the coming <10> days.
This might result in a black mark on your standing. This has the possibility of landing you in serious legal dilemma with the FTC and other state and federal agencies.

PLEASE TAKE NOTE OF THIS.

Your Signature,
Your Name

Thu, 11/29/2007 - 04:52 Permalink

Maddie (not verified)

Can you help me?

I just received a summons to court and read that I should request debt validation letter. It's already on my credit report that it's been charged off and I have 30 days to respond. How would I request debt validation if I've received a summons, is it too late? Also would you happen to know how to write an answer? I have a template but I'm not sure if it's right. If you can help that would be great!

Thanks!

Thu, 01/03/2008 - 23:45 Permalink

SunDevilsFan

Forget the dv right now... Your primary objective should be responding to the summons. If you don't by the date the court advises, YOU WILL BE found in DEFAULT.. Which means they can garnish your wages and/or put a lien on your home..

In this response, you need to deny having sufficient knowledge to form a educated opinion of the matter.....

When is your response due back at court....??

Let me dig up my old response and perhaps you can use that to assist you..It may take a day or two... cause its on my old puter...

Fri, 01/04/2008 - 05:55 Permalink

Laura

Debt Validation does not come into question here. As Sun said you need to answer to the summons first and at the earliest. If you dont the case can go against you.

See the debt might have been charged off but that does not mean that the debt is not there. You have received the summons so you have to respond. How old is the debt and which state do you belong to?

Sat, 01/05/2008 - 04:30 Permalink

maddie17

Debt Validation

Hello Guys,

I believe the debt is 5 years old and I checked the SOL in my state which is 6 years so I don't think that will help me. I have 20 days to respond. Is it too late to request a debt validation upon filing my answer? I read on a website to request one and it will delay the hearing because according to the credit laws it must be validated if requested. I don't believe I owe what they are saying I owe because they added all these fees. I just don't know what to do, I can't afford to have my wages garnished. My husband and I are low income and I'm unemployed but have an interview this week, I also have a baby on the way. I can't afford to hire an attorney right now either.. I just want this over with...

Tue, 01/08/2008 - 21:58 Permalink

erb1953

You will want to make sure that you respond to the summons, in the 20 day window or they will win by default. You simply have to admit or deny the statements in the summons.

Example:

Defendant live on 1243 hollow road, xxxxxx, xxxx. Admit

Defendant owes debt to the ABC company. Deny

One thing to keep in mind with this debt, you did not establish the original debt with them if they are a collector, you established the debt with the original creditor.

Once you have admitted or denied each of the allegations, you will need to make a copy and file it with the clerk office in which the summons was served and wait for a response. Don't let this intimidate you and don't let them win by default.

Sun, 02/17/2008 - 02:04 Permalink

Lunchtime

you should listen to everyone here they have been very successful working with these types of issues, goodluck with your situation.

Mon, 02/18/2008 - 15:46 Permalink

erb1953

wow, what a long post lunchtime, but a lot of good information there. I think if you just answer the summons in the allotted time frame and then show up for the courtdate you will be okay.

Mon, 02/18/2008 - 16:42 Permalink

carol

Never dodge a summon. That will let them pass a default judgment against you.

Thu, 03/06/2008 - 07:37 Permalink

goodnatured

You have to answer it or they will win by default, the collection agencies are very aware of what the rules are so it is important as consumers that we know the rules too. There are wonderful websites out there that will give you information and you can come to forums such as this and find real people going through the situation in real time and follow their lead. I have posted some information on here that is very relavant to what I have went through dealing with creditors, they can only get a way with what we let them, so our first line of defense is to educate ourselves so that we can counter what they are saying or doing to us.

Sun, 03/09/2008 - 12:27 Permalink

fireyone

sO SHE SHOULD DEFINATELY DENY THE DEBT IF IT IS NOT THE ORIGINAL CREDITOR? Will this help secure her a win in the court room or how does that work. Also somewhere along the line don't they have to verify the debt before the court can award the CA money? Just wondered how this worked out.

Mon, 03/24/2008 - 01:56 Permalink

Morningstar

sO SHE SHOULD DEFINATELY DENY THE DEBT IF IT IS NOT THE ORIGINAL CREDITOR? Will this help secure her a win in the court room or how does that work.

Well, a debtor certainly doesn't want to admit to the debt :)
There is nothing to say that a general denial of the allegations in a civil claim will "secure" a win...if the defendent/respondent is to fight the claim in a courtroom, the idea is to make the plaintiff/petitioner prove the existence and validity of the debt.

Also somewhere along the line don't they have to verify the debt before the court can award the CA money?

If the defendent/respondent does not show to a court hearing, then a default judgment may be entered; as for proving the validity of the debt, the defendent/respondent (or the attorney, thereof) is not present to challenge the documents that would be presented as evidence.

Mon, 03/24/2008 - 06:55 Permalink

fireyone

Thanks for clearing that up for me Morningstar. This all can be confusing.

Mon, 03/24/2008 - 18:37 Permalink

goodnatured

yep!!!

Mon, 03/24/2008 - 23:04 Permalink

fireyone

Love Morningstar...he makes things soo much easier to understand.

Wed, 03/26/2008 - 00:49 Permalink

scott

Great to see appreciations here for the right thing. Great going MOD.

Wed, 03/26/2008 - 10:00 Permalink

goodnatured

thank you scott

Wed, 03/26/2008 - 10:58 Permalink

fireyone

thank you Goodnatured. lots of advice you have given me these past few months.

Wed, 03/26/2008 - 18:51 Permalink

goodnatured

Morningstar has been around the forums for a long time, great on the debt forum too, really glad to see you moderating here, think it is awesome that they pick someone with the experience and dedication that you have.

Thu, 03/27/2008 - 01:57 Permalink

fireyone

I'm fairly new to the forums but can definately agree with ya.

Thu, 03/27/2008 - 20:45 Permalink

goodnatured

Ya better!!!! LOL, just kidding

Fri, 03/28/2008 - 00:36 Permalink

fireyone

You seem pretty wise to alot of the things going on aroung here. I'm getting the hubby to hook up the printer that has been in the box since moving and getting to work on mu cease and desist this weekend.

Sat, 03/29/2008 - 13:29 Permalink

goodnatured

Good the sooner you get it out the better, keep us updated on your progress.

Sat, 03/29/2008 - 22:24 Permalink

fireyone

I will but I still have bets that they will sell it and I'll be doing the same thing a couple months from now.

Sun, 03/30/2008 - 01:39 Permalink

goodnatured

I would just keep the letter in a word document on your computer then when another company buys it all you have to do is change the contact information on it, you are going to say about the same thing just to a different company.

Sun, 03/30/2008 - 02:45 Permalink

fireyone

There is some good info. It would save time in searching for the document, which I am sure I will need again (and again and again).

Sun, 03/30/2008 - 22:52 Permalink

goodnatured

No since in inventing the wheel twice.

Sun, 03/30/2008 - 22:56 Permalink

Fasfeed

If you recieve a default judgement, do they mail you out information per the default. How does that work.

Mon, 03/31/2008 - 04:27 Permalink

goodnatured

When they are ready to start collecting you will know, they will state that they have the default judgement. They will then expect you to start paying up.

Sun, 04/20/2008 - 00:19 Permalink

fireyone

Isn't that all we do is pay. I can't keep up as it is.

Mon, 04/21/2008 - 00:43 Permalink

goodnatured

It is getting harder and harder to keep up, especially with the price of gas and then when you do get a little break, something unexpected comes up. We will be getting the economic stimulus, I have to put it into pipe and digging in my yard, having a drainage problem and don't want it to get bigger, so I have to get a backhoe in, a dump full of shale and of course there will be labor included, so there goes my stimulus package. gone, gone, gone.

Sun, 04/27/2008 - 12:32 Permalink

godschild (not verified)

dispute letter

Hello everyone!

Just to be clear...If I have an old collection account that I want to get deleted from my profile I should first send the debt validation letter? or the deletion settlement letter? Sorry to be redundant but I really just want if off my credit report so if I can get it off by sending a settlement offer/deletion demand I would like to just do that??? Any clarifying advice?

Thanks

Sat, 05/03/2008 - 22:10 Permalink

Morningstar

DV letter is to determine if the CA can legally collect the debt; it may trigger the removal of credit report entry if the account is disputed and the CA cannot properly report.

PFD letter is used when you know that the debt is legit, that the CA is collecting legitimately, and when you can follow through with your settlement proposal.

Sun, 05/04/2008 - 03:25 Permalink

goodnatured

Thanks for posting this information Morningstar, hopefully the poster will come back and use it.

Mon, 05/05/2008 - 12:45 Permalink

fireyone

Yes goodnatured..hopefully they will. There are so many con-companies out there. I would hate to see anyone fall into that trap.

Mon, 05/05/2008 - 22:13 Permalink

Mas (not verified)

court date

Ok, I answered the summons and have a court date. What should I expect and what will my response be? Will they have the same burden proof as if I asked for in a debt validation letter? I still have 2 1/2 months before the court date, so should I request validation from the lawyers.

Tue, 05/13/2008 - 01:10 Permalink

Mary

Hi Mas

I think that you should ask for debt validation from the lawyers. After getting the reply, if you agree that you really owe the debt, then you should negotiate your repayment with the creditor's attorney. You can negotiate for a lumpsum payment as many collectors waive a percentage of the original loan, interest and other fees. You can also avoid court summons through this.

Tue, 05/13/2008 - 06:34 Permalink

goodnatured

They should validate, once they do then you can work out the payment plan that mary is talking about.

Thu, 05/15/2008 - 00:36 Permalink

goodnatured

They should validate, once they do then you can work out the payment plan that mary is talking about.

Thu, 05/15/2008 - 00:36 Permalink

george

Hello Mas

I agree with Mary on this point. I think 2 1/2 months is sufficient to negotiate a payment plan with the creditor's attorney to avoid future court summons.

Thu, 05/15/2008 - 05:40 Permalink

fireyone

Sometimes these places leave you hanging on forever. Hopefully she can work out a deal.

Sun, 05/18/2008 - 23:20 Permalink

goodnatured

If they are not getting back to you then I would attempt one more time to do a certified letter with return reciept requested so that if they do take you to court that you can have some type of evidence that you have been trying to work out something with these people otherwise you may just look like a deadbeat and you do not want to give the people deciding your fate to think that of you.

Mon, 05/26/2008 - 13:46 Permalink

anthony

I also agree with goodnatured. Make all communications with the CA in writing so that you can have some evidence in the court that you tried to have some repayment deal with the CA to pay back your debt.

Tue, 05/27/2008 - 05:16 Permalink

scott

Hi Mas
Since you have a 2 1/2 months left, I agree with George that you first send a DV letter and then come to an agreement for a repayment plan with your CA since you have the time to do so. Also try to make your CA agree for a PFD agreement. But get everything in writing.

Tue, 05/27/2008 - 05:30 Permalink

Mario (not verified)

Debt/valditation leteer

I have a similar issue. My account was charged off, since May of 2006. And my account was bought and sold several collection agency. However, within that time my balance never changed. The last collection has fowarded to their attnorey, and the balance increased. They saying is the interest charged from the time account was charged off but i have copies from other collection agencies that my balance never changed. And i send them a vaidation letter. And they failed to respond. Where,should i go from here.

Fri, 05/30/2008 - 03:37 Permalink

carol

Hi Mario
You did not say when you have sent your debt validation letter and whether you have sent your DV letter under certified mail. You need to wait for 30 days from the day the CA receive the letter. If they fail to respond after 30 days, send a dispute letter to the Credit reporting agencies telling that you do not agree to the debt.

Fri, 05/30/2008 - 07:22 Permalink

fireyone

I had the same thing happen to me. It was sold so many times but the balance after the first couple collectors started really adding on the interest. Make sure you follow through with the dispute letter as mentioned by carol.

Wed, 06/04/2008 - 23:22 Permalink

Mary

DV letter is the most powerful instrument to deal with the collection agencies, as once you send a DV letter, the CA cannot harass you until and unless they validate your debt. If they cannot validate your debt you can sent a dispute letter to the CRAs asking them to remove the listing from your credit report. If however they validate your debt, negotiate the debt with them and sent them a PFD agreement letter. If they accept, pay back the agreed amount of the debt and get the negative element deleted from your report.

Fri, 06/06/2008 - 11:18 Permalink

goodnatured

great post Mary, you explain the process very clearly.

Tue, 06/17/2008 - 10:49 Permalink

Thanks, (not verified)

Court Date

Requested validation at court hearing. They did not have documents to validate the debt and the case was dismissed with prejudice.

Sun, 07/06/2008 - 18:03 Permalink