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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1889
1356 Magic Points
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Subject: credit
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Fri Jan 02, 2009 4:07 am
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| It just doesn't seem fair that the debt would be 'removed' from the CA and NOT from the OC. You would think it would 'clear up' BOTH of them, if the debt is paid. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Fri Jan 02, 2009 4:46 am
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Hi Jeff
Since you have not paid the hospital bills the hospital might have considered the debt as a bad debt and has either transferred the right to collect the debt to the collection agency or has sold off the debt to the CA. So the collection agency has listed it in your credit report. It is up to the original creditor to decide whether he will report the debt to the credit bureaus or not. However, if the original creditor reports the debt to the bureaus and sell the debt to the CA, it will stay in your report for seven years. |
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Fri Jan 02, 2009 5:03 am
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You have only the collection agency listing in your credit report and not the hospital listing. This means that if you can come to a pay for deletion agreement with the collection agency, the negative listing will be removed from your credit report. But if the OC listing was there along with the CA listing and you come to a PFD agreement with the collection agency, then only the CA listing would have been removed and not the OC (in your case the hospital) listing.
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Keep in touch
Carol |
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jeff
Joined: 31 Dec 2008
jeff's page
Posts: 3
120 Magic Points
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Fri Jan 02, 2009 2:23 pm
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well i spoke to the ca this morning and they were pretty clear that they will not delete the entry, only mark it as paid in full...not sure what to do at this point...of course the ca stated that my score will go up once paid in full but thats not my understanding ?? any ideas  maybe on of these "credit repair" companies could reach some agreement? |
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anthony
Joined: 31 Jul 2006
anthony's page
Posts: 516
13571 Magic Points
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Sat Jan 03, 2009 8:56 am
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Hi Jeff
First of all if you can made the CA agree to pay for deletion agreement and pay off the debt in full, the original creditor ie the hospital cannot make a new entry in your report. Now since you have already spoke to the CA, , first send a debt validation letter by certified mail to be sure whether the CA is authorized to collect the debt or not. If the CA can validate the debt, then only come to a repayment plan to pay it off, else not.
Now, since the CA is not willing for pay for deletion, you can ask him to change the status of the listing to "paid as agreed" instead of "paid in full". This will help you to improve your credit score.
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Anthony Marx
A positive attitude is not achieved by turning a blind eye to the negative, but rather by responding to every situation in the most positive way possible. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Sat Jan 03, 2009 9:05 am
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Even if the creditor do not agree to pay for deletion agreement, you should take steps to pay off the debt if the creditor can properly validate it. You can ask the creditor to change the listing as "paid as agreed" so that your credit score improves as Anthony said. This is because if the creditor validates the debt and you do not pay it off, he can sue you to the court and bring judgment against you to recover the debt. Now if the judgment gets reflected in your credit report, your credit score may fall drastically.
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All the Best
Justin |
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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1889
1356 Magic Points
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Subject: credit
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Sat Jan 03, 2009 2:15 pm
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| I'm dealing with a CA who sent me a bill for a debt....I called and asked if they could sent me a validation of the debt. I din't send them a letter, or anything. I just asked over the phone. They said they would "be more than happy to." What they sent was a copy of the ORIGINALLY bill they sent to me before. This isn't a Validation, is it? |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Sat Jan 03, 2009 8:53 pm
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| No SD it is not proper validation. Everyone here seems to have different ideas on proper validation of debt but it has been determined a copy of the bill is not validation. What would be considered proper validation would be a copy of the ORIGINAL signed Contract and if the debt is now owned by a collection agency and not the original lender they must also show that they legally have been sold the debt and the right to collect on it. Lots of collectors try sending a copy of the bill as validation but thats because they think the are dealing with someone who doesn't know better, |
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sdchargers_63
Joined: 13 Aug 2007
sdchargers_63's page
Posts: 1889
1356 Magic Points
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Subject: credit
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Sun Jan 04, 2009 2:28 pm
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| OIN, FIREYONE. I've learned ALOT from this forum..that's for sure. You mean a copy of the contract from the OC? Some 'Law offices' send me bills, stating this is their "Validation" from my so-called account with them. |
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Mary
Joined: 06 Jul 2006
Mary's page
Posts: 686
17396 Magic Points
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Mon Jan 05, 2009 11:38 am
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Just sending outstanding bills is not debt validation. Debt validation will include a copy of the original signed contract between you and the original creditor and proof that the original creditor has transferred the right to the law firms to collect the debt. If they cannot provide you with these details, then you need not pay them back.
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Where there's a will, there's a way !! |
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fireyone
Joined: 26 Feb 2008
fireyone's page
Posts: 4285
127 Magic Points
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Mon Jan 12, 2009 11:33 pm
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| SD, this is not validation. If you want my opinion I believe that the original creditor has more than likely sold off your debt to a collection agency. I think I remember you saying it has passed through a couple collection agencies. If so chances are they do not even have the validation so if I was you I would not pay on any debt that they can not properly verify. |
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woobabe
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Subject: Settling debt with collection agency
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Mon May 11, 2009 6:48 pm
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| I got a letter from a collection agency saying that they would settle for 400.00 of the orginial amount. I sent them a letter "letter proposing settlement". It pretty much states that I don't acknowledge this debt to be mine and I make the following settlement offer in conclude this matter swiftly as possible. It also states that I will pay the 400.00 in full and upon receipt of the payment the company repot this debt as to all 3 credit bureaus as "paid as agreed" and remove all references of delinquency on this account. It also says this is a restricted account and if they agree to sign and return the letter I will send the payment in by certified mail and that I will not make a payment without a written agreement. It had to be paid by the 29th I called them to see if they were going to sign and send back to me they said they haven't decided and that they will sent me payment stubs for the full amount after offering me the 400.00 settlement. They sent me the letter. So what can I do now I have the letter they sent me for the offer then I have what I need them to sign so I have a written agreement. Can I force them to validate the debt. Or should I consult an attorney about it. |
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rachael
Joined: 11 May 2009
rachael's page
Posts: 234
6581 Magic Points
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Sat May 16, 2009 5:47 am
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Hi woobabe,
Send a debt validation (DV) letter to the collection agency (CA). You can find a sample of a DV letter in the following link Letters of Credit. Send the DV letter through certified mail with a return receipt requested. You must retain copies of the DV letter. The CA should validate the debt within 30 days after receiving your DV letter.
In case the CA is unable to validate your debt, under the Fair Credit Reporting Act, you do not owe the debt. You can dispute with the credit bureau and get the debt account removed from your credit report.
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Looking forward to a debt-free life. |
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mariat23
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Tue Nov 03, 2009 3:12 am
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| So only the original contract serves? MCM has sent me screen prints of account history on a credit card. AFNI has sent me a copy of my last statement for a Verizon bill. My state is Texas. Are these not validations either? Verizon was opened over the phone - so they wouldn't have a signed contract from me |
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Keresna Cook
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Fri Jan 15, 2010 10:08 pm
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I am trying to find out what I have to do if the collection agency does not work for original creditor anymore. I called the collection agency that is on my credit report to pay the debt, but they do not and cannot accept payments. what do I have to do to get this collection agency to update the credit report. If I pay original creditor then the collection will still show for the collection agency.
how do I take care of this? |
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