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I've dealt with CBCS before. I got something that looked like it was typed in NotePad as "proof". After my DV letter I just ignored their obvious attempts to get (illegitimate) money from me and it went away.
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Oct 25, 2011 04:27
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martyrdumb posted:What a great thread! I have an... interesting predicament of my own, now. I have an initial credit history not dissimilar from the OP's. I ended up filing bankruptcy, though. It was mentally more beneficial for me to turn that mess into a clean slate--and I hate fighting with strangers, and checking the voice mails was really stressing me out. I'd suggest getting a paid in full by consolidation letter from whoever from that Perkins loan, or contact Department of Ed's Direct Loans Consolidation department (1.800.557.7392) to request proof of what loans were consolidated.
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Oct 26, 2011 18:44
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This thread has taught me quite a bit. I was able to come up with a lump sum which is equal to 50% of the debt I have in collections. I have three accounts in collections and I think that offering up to 50% for a pay-for-delete should get these taken care of. The verbiage used in collections letters is scary as hell... e.g. "We have tried to contact you for voluntary payment but you had your chance so we are seeking repayment by involuntary measures. We may contact a lawyer in your state to get litigious on your rear end. You have 30 days to respond." Spooky poo poo. I think if I waive a lump sum cash payment under their nose that I might be able to correct this. I will keep this thread apprised of my actions for the benefit of others. Examples ca be useful. Thanks again, everyone!
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Oct 30, 2011 07:45
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Woodsy Owl posted:This thread has taught me quite a bit. I was able to come up with a lump sum which is equal to 50% of the debt I have in collections. I got one of those "you have 30 days to respond before we consider legal action" letters. They're not allowed to threaten legal action unless they intend to follow through on it. I forwarded that letter on to my state's attorney general and the FTC and they have stopped trying to collect on it. So that's something you might consider instead.
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Oct 30, 2011 22:11
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I have a question that will hopefully not be too difficult. The answer may be in this thread but I wasn't able to find it. I have an account in collections. It's about $150, and is completely my fault because I forgot to pay off a bill while moving and it got lost in the shuffle. I don't want to dispute it or anything, just pay it in such a way as to get it off my credit card. So far I have seen that I should contact them and request a pay for delete, and that it should be done in writing. Could I get a little more information? Do I call them first, state what I want, then send the letter? Do all the communication by mail? Does anyone have a form letter template for requesting a PFD I could use?
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Oct 31, 2011 19:01
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Giant Isopod posted:I have a question that will hopefully not be too difficult. The answer may be in this thread but I wasn't able to find it. I have an account in collections. It's about $150, and is completely my fault because I forgot to pay off a bill while moving and it got lost in the shuffle. I don't want to dispute it or anything, just pay it in such a way as to get it off my credit card. Give them a call and negotiate the terms of the pay-for-delete. Request that they send you a contracting letter stating those terms. Tell them that any further correspondence is to be done by mail. Then when you receive their contract then you can send your money order or cashier's check by certified mail.
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Oct 31, 2011 19:43
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Thanks, that is exactly what I was looking for!
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Oct 31, 2011 21:21
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Giant Isopod posted:Thanks, that is exactly what I was looking for! You know what, I'm in the same position as you. I am setting up some pay-for-deletes and I'm thinking that it would be beneficial to send them a formal contract with some of the following ideas: the debt shall be considered completely settled after receipt of payment, and no balance will remain on the debt so that the remaining balance is not sold, and that the debt shall not be subject to judicial review after payment. This ensures that they don't just take the payment from you and sell the contract to someone else to collect even more, and that in the future they aren't to take you to court if they change their mind. I need help with the verbiage though. edit: I found exactly what it is I wanted, through Google image search: http://www.creditmagic.org/forums/attachments/i6_115.jpg I'm absolutely going to do this. edit: Upon further research I have learned that it is absolutely imperative that you send a written agreement outlining all the terms of the pay-for-delete. This statement will be formulated by you, sent to the collection agency and signed by an authorized agent. code:Woodsy Owl fucked around with this message at 22:26 on Nov 1, 2011 |
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Nov 1, 2011 04:44
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Crosspost from legal questions megathread: I'm being sued in Nevada over a college credit card that I was an idiot with. I was served on July 8th of 2009, and filed my answer to avoid default judgement. Never heard anything back till yesterday, when I got a motion for summary judgement in the mail. From what I gather, this is bad, and is one of the final steps before they can garnish wages, seize accounts, etc. The motion will be heard in about a month, and I'm trying to figure out what my next move will be. Obviously show up to the hearing, but I don't dispute the debt is mine, so am I just hosed or what? Can I negotiate a payment plan with these people? How do I do that, legally speaking? I'm sure it couldn't be as simple as a phone call, do I send a certified letter? What would I want that letter to say, specifically? I really just want this to go away. edit- In reading this thing, it says my last account activity was 10-16-2008. According to this the statute of limitations is only 4 years in my state. Is this a final attempt to boogyman some money out of me before it passes the SoL? Please advise. DrPain fucked around with this message at 16:30 on Nov 3, 2011 |
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Nov 3, 2011 16:25
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DrPain posted:I'm sure it couldn't be as simple as a phone call, do I send a certified letter? What would I want that letter to say, specifically? You'd be surprised what you can do over a phone call. You need to see how much they want, exactly, and negotiate from there. If they refuse to negotiate then you should probably lawyer up.
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Nov 4, 2011 22:38
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So update on the dunning letter for a debt that wasn't mine that I got awhile back: it is now completely gone from my credit record and the company has not tried to contact me again. Yay! Thanks thread! I have another question now, this time for a friend. He recently moved to Oregon from Massachusetts. He owed 600 dollars to Verizon and they sold the debt at some point. Since moving to Oregon, a former roommate of his claims to have received a letter from MA claiming that a judgment had been rendered in court against my buddy. This is the first time he's ever received any kind of contact about the debt. He hasn't lived in that house in over three years, and he did have a forwarding address set up (though they also spelled the street name wrong) but has never received anything else from anyone, or so much as a summons to court. More recently, these guys also sent a letter to the friend that cosigned on the Verizon account with him. She transcribed it: quote:Kream an Kream After a little digging I found some blog posts indicating these guys have been sued before for using deceptive language in their collection letters. So what is the deal here? What should my buddy do? I told him that he and the girl might wanna send a DV for all the good it'll do but this seems skeezy either way. edit: fixed some details Reene fucked around with this message at 07:27 on Nov 5, 2011 |
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Nov 5, 2011 06:49
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I have 4 accounts in collections. Today I called all my creditors and found out where the accounts are currently located. I want to pay them all but most are listed as charge offs. If I pay them will this change those terms so I can have actually manageable credit? My credit score is really low and even though I owe less than 3 grand across the board, I can't get a loan or anything and it's gotten to the point where I can pay for this stuff. Most of the accounts are with the original creditors and they will not agree to a PFD or even negotiate terms at all, I've tried. Not sure what to do at this point.
BusinessWallet fucked around with this message at 05:57 on Nov 9, 2011 |
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Nov 9, 2011 05:49
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BusinessWallet posted:I have 4 accounts in collections. Today I called all my creditors and found out where the accounts are currently located. I want to pay them all but most are listed as charge offs. If I pay them will this change those terms so I can have actually manageable credit? My credit score is really low and even though I owe less than 3 grand across the board, I can't get a loan or anything and it's gotten to the point where I can pay for this stuff. Most of the accounts are with the original creditors and they will not agree to a PFD or even negotiate terms at all, I've tried. Not sure what to do at this point. Original creditors are not going to do a pay for delete. If you have any debts that are with a collections company, you can send them a letter requesting a PFD and see if they respond.
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Nov 9, 2011 06:38
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Sorry to join late but it would be great if someone could point me to a similar thread but related to English law? Yes, I owe and I'm proud! Er.
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Nov 10, 2011 18:59
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Has anyone had any luck getting Capital One to remove a charge off? They're the only one on my credit report.
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Nov 11, 2011 03:42
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Hi Guys, When I was in my younger days I had lost a job and racked up a bunch of debt that was sent to collections, well I basically swore off credit for the past 10ish years and now that Im older and starting to need credit I want to rebuild that back up. I've pulled a report from Transunion and found the only delinquents on my account were originally posted from before 7 years ago, one even from 2001 that they are still updating. In this case, would I still need to send debt validation letters and etc? Is there a letter I can send to remove via the Statutes of limitations rather than going through the debt validation process?
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Nov 12, 2011 22:45
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Well, it's a reporting violation. If you were so inclined, you could send them a DV letter stating that this alleged debt is outside the SOL and if they don't correct it within 30 days (send your letter certified with return receipt so someone has to sign for it and you have proof of when they received it), that you intend to exercise your right to take them to small claims court and sue them for $1,000. If you don't want to be a hardass from the start, you can just send them a DV letter (CMRR) stating that the alleged debt is outside the SOL and they are obligated to stop reporting it to all three agencies. Do a little googling for "debt validation letter" and you'll find something that even includes the reference to the SOL for your state.
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Nov 13, 2011 02:59
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I was served on Thursday 11/10 regarding a collection for an account that has not been paid on beyond the statute of limitations in Maryland, which is three years. There was no payment made during or after the September to October period of 2008. I am going to Answer with the defense that the debt is beyond the time granted by the SOL, but where do I go from there once in court? Or better yet, is there anything I can do to avoid going? I'd rather not miss out on a day of work this close to the holidays.
Skaw fucked around with this message at 07:03 on Nov 14, 2011 |
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Nov 14, 2011 07:00
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I recently received a notice of default/failure to pay from a collections agency. It's for a medical debt that I had been making regular payments on, but 8 months ago I moved and with my last payment I informed them of the change in address. I didn't receive any other bills, no "we're going to send you to collections" type warnings, no correspondence from the the doctor's office at all, until I received this notice from the collection agency. I'm a bit angry and feel like fighting this somewhat but I don't know if I have a leg to stand on. I don't dispute that it's a valid debt, but I can't pay on an account when they don't continue to send bills to me. Do I have any room to fight this or should I just suck it up and settle for a lesser payment? I'm in Nebraska but the debt occurred in Iowa, if it makes any difference.
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Nov 15, 2011 05:06
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In general, if you have actual knowledge of the debt you have the obligation to pay it. They don't have to send you billing statements, and them not doing so doesn't relieve you of the obligation to pay.
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Nov 15, 2011 16:31
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BusinessWallet posted:Has anyone had any luck getting Capital One to remove a charge off? They're the only one on my credit report. 
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Nov 17, 2011 00:22
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Ok originally I was mistaken. I have two rather small debts that are still being reported to the credit agencies. I think they've written it off, I'm not sure. Should I be sending them letters and disputing this on my report?
Wolfy fucked around with this message at 15:11 on Nov 17, 2011 |
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Nov 17, 2011 14:51
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BusinessWallet posted:Anyone? Capital One has a reputation for toeing the hardest line on that sort of thing, so I wouldn't count on it. OCs tend to not do pay-for-deletes. If it's >7 yrs then they have to stop reporting it, if it's been longer than that you can send them a friendly letter reminding them.
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Nov 17, 2011 17:13
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True story, Capital One and Sears were the only credit cards that would consistantly show up for the meeting of creditors during a BK.
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Nov 17, 2011 17:41
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I owe them 965 dollars. I need to get a car loan soon and I just want to pay it off and deal with it. The DOFD was in 2009 so it's not falling off any time soon, but I'd like to do what I can to establish credit and fix things. Should I just call them and pay them over the phone then? They said they'd take $775 as a settlement but would be indicated as so on my credit report. I'm thinking I'll just pay the full balance though.
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Nov 17, 2011 23:00
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BusinessWallet posted:I owe them 965 dollars. I need to get a car loan soon and I just want to pay it off and deal with it. The DOFD was in 2009 so it's not falling off any time soon, but I'd like to do what I can to establish credit and fix things. Should I just call them and pay them over the phone then? They said they'd take $775 as a settlement but would be indicated as so on my credit report. I'm thinking I'll just pay the full balance though. It's going to be indicated on the credit report either way. Paying more then 50% for a charged-off debt is usually a mistake.
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Nov 18, 2011 17:20
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I guess I worded that poorly. They said that if I settle for 775 or whatever, it will appear as "Settled charge off" on my credit report, if I pay the full balance of 965, it will read "Paid charge off". I know both tradelines are pretty lovely but does it make a difference?
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Nov 18, 2011 23:29
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BusinessWallet posted:I guess I worded that poorly. They said that if I settle for 775 or whatever, it will appear as "Settled charge off" on my credit report, if I pay the full balance of 965, it will read "Paid charge off". I know both tradelines are pretty lovely but does it make a difference? None
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Nov 19, 2011 00:28
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I wish I'd found this thread a long time ago. One of my college accounts was sent to collections and like an idiot I just paid it. Is there a way I can get the "settled in full" removed from my credit report or is it honestly there for the next 7 years?
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Nov 20, 2011 21:10
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hey thread, looking for some quick advice I just got a letter from a collection agency alleging I owe $1500 for two months rent. This debt is total bullshit, the landlord was in a dispute with his wife when I was renting there and wasn't even legally allowed on the property. He declined to perform any maintenance or repairs when I was there so I left, having already paid my last months rent. I left owing him nothing, and hadn't heard back from him since. I left in March of this year and now like 8-9 months later he's claiming I owe money. It's Sunday today so I called the number on the letter and left a message saying I didn't believe this debt was valid and requested that they send me proof, then I hunted down the rear end in a top hat landlord's number. The conversation went something like this: Me: Hey, you say I owe you rent? I was paid in full and my bank records will reflect that, so what proof do you have that I owe you this money? This is pretty much harassment Him: Oh well I think you owe me some money... Me: From when? Like I said I have records and proof of rent payment for the time I was there Him: *click* I called back 3 or 4 times immediately after and he's just avoiding me. What do I do now?
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Nov 20, 2011 22:45
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Send the collections company a debt verification letter. There are plenty of templates around the web. If you don't respond within 30 days of receiving that initial letter you can lose a bunch of your rights, so make sure to send the verification letter certified mail with a return receipt. They may not have a leg to stand on, but unfortunately it's on your head to show that and get it off your credit report. These companies rely on people not knowing what to do or what their rights are (as does your former landlord, it seems). Don't bother contacting the collections company by phone, if it isn't in writing it didn't happen. If you have all your documentation you can probably take your landlord to small claims court, might want to check out the legal questions thread here.
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Nov 20, 2011 23:28
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I am not a lawyer, nor do I intend to practice law or advise anyone on the law. You are responsible for researching any actions you take (or don't take) and reading applicable statutes regarding debt collection and consumer remedies. Don't even bother with the pissant landlord. Unless he tries to collect from you (or sue you for the alleged debt), he isn't a problem. Don't contact him. Immediately send a DV letter to the collection agency CMRR stating that you dispute the validity of the debt and they have 30 days to either provide you with documentation proving you own the debt, or remove it from your credit report. If they remove it, fine, you're done. If they don't prove it and continue to report, you can collect all of your documentation showing that you were paid up on your rent, any rental documents, etc, and you take it to small claims and sue them for a reporting violation.
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Nov 20, 2011 23:30
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LorneReams posted:None So I'm good just paying the settlement that they offer then? It doesn't really make a difference to me, I just want the best outcome and whatever option allows me to repair my credit the easiest.
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Nov 20, 2011 23:53
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Thanks for the advice guys. I'll make time tomorrow or tuesday to send that letter. Thinking about it, realistically the only "proof" I would have is bank statements showing the cheques being cashed for the months I was there, I don't know if I can find my rent receipts. e: but I'm sure he wouldn't have proof for really any debt at all so I'm sure he was hoping I wouldn't call his bluff. Is this harassment if they cannot prove the debt? Can I sue him for filing on my credit report maliciously? Robawesome fucked around with this message at 03:40 on Nov 21, 2011 |
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Nov 21, 2011 03:37
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BusinessWallet posted:So I'm good just paying the settlement that they offer then? It doesn't really make a difference to me, I just want the best outcome and whatever option allows me to repair my credit the easiest. It depends on how fast you need it fixed. For example, if you don't mind loving around, you can send them a verification request asking them to prove that you debt is yours, then a couple weeks later, send the CRAs a dispute saying you disputed with the OC/CA and they haven't responded so you want it removed. You can get lucky, or someone will gently caress up a timeline and you could "technicality" them to death. Or you can negotiate with them and pay 50% or less...settled is better then an open debt, as that's usually an immediate rejection almost anywhere until it's fixed.
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Nov 21, 2011 05:28
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Can I do all that since they're the OC?
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Nov 21, 2011 23:40
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My husband sent off a PFD letter, and in response we got a letter that says that they can't do a PFD according to the FCRA. They say that they will only update that the account is paid in full if we pay the full amount. Is there anything else we can do at this point? The collection agency is ccsnotice.com, if it makes a difference.
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Nov 22, 2011 07:28
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tishthedish posted:My husband sent off a PFD letter, and in response we got a letter that says that they can't do a PFD according to the FCRA. They say that they will only update that the account is paid in full if we pay the full amount. Is there anything else we can do at this point? The collection agency is ccsnotice.com, if it makes a difference. edit: nevermind, it's not reportable. ohnobugs fucked around with this message at 19:22 on Nov 22, 2011 |
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Nov 22, 2011 19:08
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AuntBuck posted:That is completely untrue and there are several things you can do. First of all, I would send a copy of that letter to your state's attorney general as well as the FTC. The FTC probably won't do anything but keep your complaint on file. Your state's attorney general may be more proactive, in my state (New Mexico) they don't like collections companies that actively try to mislead people. Check around online for a complaint form you can fill out or mail in. Everything the CA said is accurate...they are bound by law to accuratly report on a debt to the CRA. VVV That's how you do it, you make an agreement with the CA that if you pay, they will not verify (in effect ignoring the verification from the CRA). It then drops off. This is all grey area though and is technically against the agreement the CA has with the CRAs. LorneReams fucked around with this message at 19:17 on Nov 22, 2011 |
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Nov 22, 2011 19:10
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The way to approach a PFD may be to disavow the debt as yours and then say you'll settle it for the collector if they remove it, not sure.
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Nov 22, 2011 19:15
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