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Pay for Deletion letter received no response???

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SeanChuck



Joined: 13 Dec 2008
SeanChuck's page
Posts: 22



1274 Magic Points

Subject: Pay for Deletion letter received no response???
 
Posted on Tue Jul 07, 2009 2:30 pm  

Hello again!

Well, I sent out a Pay for Deletion letter four weeks ago, and I have yet to receive a response.
If I never receive a response, what should I do then?

As always any advise would be greatly appreciated!

Thanks for your time,
Sean C.
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30065 Magic Points

 
Posted on Wed Jul 08, 2009 10:39 am  

Have you tried calling the CA to ask if they have received it? Did you ask for a return receipt? Did you receive anything for that matter, in response to the PFD you sent? Do let us know.
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Carol
fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Wed Jul 08, 2009 12:52 pm  

Sean, When sending anything to a collector is is best to send it certified mail. This will help to show they have gotten it, especially validation letters. I would call and just inquire about the letter. Sometimes mail gets backed up at these places and it takes longer than we would normally expect. These are usually big companies and they get lots of mail a day. If you are planning to pay off this debt anyway a phone call may help get things settled quicker.
Sven



Joined: 22 Jun 2009
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1648 Magic Points

 
Posted on Wed Jul 08, 2009 2:02 pm  

Sorry, I do need to disagree with fireyone. I know people who still got it deleted and the CA did own the debt. THat's what they do nowdays anyway...rarely assign it, mostly sell it.
SeanChuck



Joined: 13 Dec 2008
SeanChuck's page
Posts: 22



1274 Magic Points

 
Posted on Wed Jul 08, 2009 2:50 pm  

No I did not send it as certified mail, just sent it normal.
I actually faxed the same letter several weeks before I mailed it.
Though I received no response from the fax I figured I would try mailing it...

So should I resend it as certified mail, or would a phone call be better?

I am not that good on the phone, but in this case it is as simple as the fact that I am not going to pay unless it will be deleted, so I imagine I can stand my ground.
Sven



Joined: 22 Jun 2009
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Posts: 63



1648 Magic Points

 
Posted on Wed Jul 08, 2009 4:17 pm  

#1 of the basic rules of dealing with a CA... they do not care what you sent them etc. if you can not prove it.
Never ever send them just a regular letter or call them. You will not have any proof.

How much do you owe anyway? I am having huge problems with my CA and it's just 143 Dollars.
fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Thu Jul 09, 2009 1:14 pm  

Always, ALWAYS send letters to collection agencies by certified mail. This is the proof you need to get their listing removed from your credit report. Once they do not validate the debt ( within 30 days) then you are able to dispute it and have it removed. Having proof is better. Also once they do not validate the debt they then lose the right to sue you and win.
For example, If you send out a validation letter by certified mail and they do not properly validate (original signed contract) with in 30 days and they then take you to court, you can show the judge you asked for validation by certified mail (your proof) and they did not respond. This automatically wins the case for you because they violated your rights. So send another by certified mail,
carol

carol

Joined: 27 Jun 2006
carol's page
Posts: 1299
Location: Los Angeles, California


30065 Magic Points

 
Posted on Thu Jul 09, 2009 1:39 pm  

Yes right SeanChuck

It is clear they do not want to remove your records from the report. You can't force them either. Send another letter by certified mail and ask for a return receipt. This will be your documented proof that you acted and they were only being irresponsible. Next time you face a similar situation (though I hope you never have to face this again) you know you have already learned a lesson.

Surely ask for a debt validation Sean. If they do not respond within 30 days you don't need to pay them a penny. If they sue you, you can have this as proof. But the flip side is, if they validate your debt, you will have to pay it in full unless you can negotiate with company to make the minimum amount and get the debt settled.
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



130 Magic Points

 
Posted on Tue Jul 14, 2009 1:33 pm  

If you do have to pay them and they agree to a settlement be sure to stop back because there are some very important things you will need to know before making that first payment! Mainly getting the settlement offer in writing. Let us know if it comes to this and we can help guide you.
SeanChuck



Joined: 13 Dec 2008
SeanChuck's page
Posts: 22



1274 Magic Points

 
Posted on Thu Jul 16, 2009 2:28 pm  

Well here is what happened...

As suggested, I called the collection agency. They told me that they would not delete the information from my credit report and they would only mark it as paid in full, which was the reason they had not responded... Oh the debt is only $38 but it is the only negative debt on my report left to remove...

So from what every one said, I am thinking that I should maybe send a Debt Validation letter by certified mail and hope they do not respond within 30 days. If that happens should I then dispute it?
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30065 Magic Points

 
Posted on Fri Jul 17, 2009 9:43 am  

Hi SeanChuck

You could ask for a debt validation. If they prove your debt you will have to pay it. No collection agency is bound by law to delete your record. It is absolutely up to them to do it or not. You cannot force them to do so. However, you can still put forth your request with higher authorities. Maybe going in person would be a better idea.

If you can, then go in person and meet some higher authorities and see if you ca convince them for a PFD. Disputing it won't help IMO. If they do not at all remove it from your report, you have nothing to about it. Have patience and your score will work its way up very soon Smile
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charmarie
Guest






Subject: pay for deletion letter
 
Posted on Tue Jan 19, 2010 8:23 pm  

Hello everyone. I have a question. What if they do not respond in the 30 days and you have them take it off-can they put it back on later. Also, If they do respond and I pay the amount owed, will it take a year for it my score to go up because I understand once you pay something off, it becomes active for another 7 years and looks bad.
Thank You
Charmarie
carsontd
Guest






Subject: Quick question
 
Posted on Tue Jan 26, 2010 11:35 pm  

I have read this thread and have a few questions and few ideas on this matter. First, I agree everything you send to a CA, the credit bureau, etc must be certified mail due to the fact you now have proof. Second when you mention sending a letter for validation you should send it to the credit bureau and dispute it for validation and not the creditor. That way if the credit bureau does not get a reply in 30 days they are bound by law to remove it from your report. I have heard rumors that after 30 days the credit bureau (you know the big three) will remove it, then the creditor or CA will then reply in lets say 45 days, and then next month it is back on your report. I do not know how true this is but if you don't have a paper trail via certified mail, common sense will tell you that you don't have a leg to stand on. With that said my suggestion would be to send a dispute letter to the credit bureau for validation certified mail of course, wait to see if they validate it. If not great it is removed, if not then send a letter to the creditor or CA for payment for deletion, if they don't accept you can dispute it again to credit bureau for other reasons via wrong balance, wrong high limit, etc with hopes to get lucky, or just suck it up and pay the bill. I am new to this and any feedback from you gurus would be appreciated. Thanks
Phi
Guest






 
Posted on Tue Mar 02, 2010 1:15 pm  

hi Sean Chuck
FYI you can use this....
"By the provisions of 15 USC sections 1681i of the Fair Credit Reporting Act of 1970, I demand that the all 4 of above items be re-verified and deleted from my record.
Under federal law, you have 30 days from receipt of this letter to re-verify these entries. It should be understood that failure to do so within a thirty day period constitutes reason to promptly delete the information from my file FCRA 15 USC s1681i (5)(A).
Also, pursuant to USC s1681i (6)(A) of the Fair Credit Reporting Act, please notify me when the items have been deleted. You may send new an updated copy of my credit report to the address above. According to the provisions of 15 USC section 1681j, there should be no charge for this notification. Additionally, please provide me with the name, address and telephone numbers of each credit grantor or other subscribers that you contacted for follow up.
So, I am requesting you to make suitable corrections to my credit report after investigation, if necessary, as soon as possible".
Rusty
Guest






Subject: Settlement agreement and mutual release
 
Posted on Mon Mar 22, 2010 10:45 pm  

Without admission of fault, I would like to settle an account with a collection agency and have the account deleted from the three reporting agencies. I received a settlement agreement and mutual release from the collection agency. It states "Upon receipt of this signed agreement, "collection agency" will in the normal course of business notify all reporting credit bureaus to delete xxxxx's account from credit reporting. xxxxx understands and acknowledges that "collection agency" can only request that the account be deleted and cannot unilaterally delete the account from credit reporting; and that in order to ensure that the account is deleted xxxxx should submit a written dispute to the credit reporting agencies." It also goes on to have me give up a lot of rights to suit, etc.
Do you think that the wording in this is sufficient to have the account deleted? Is it true that the collection agency cannot unilaterally delete the account and can only request it to be deleted?
Thank you very much for your response!

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