credit215

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About credit215

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  1. Hi...Can I send a pay for delete to an original creditor if they still have the account? Also (separate issue), should I send a pay for delete letter to the original creditor if its was sold to a collection agency (First Premier sold the account Arrow)? Would I have more success with the collection agency or original creditor or should I send it to both??? Thanks:confused:
  2. Thanks...I did as you suggested and they are out of my hair...
  3. Has anyone had any luck getting a PFD with First Premier and/or World Financial Bank? If so, what letter/method did you use? Do you have a contact person there that was helpful? Thanks
  4. DO NOT SETTLE OR PAY THEM... I sent an online BBB complaint on them...stating that I have disputed this account serveral times and all they did was send me a copy of a bill that I am unfamiliar with...this was the BBB's response The Better Business Bureau has presented your complaint to Cavalry Portfolio Services in an attempt to resolve this matter to your mutual satisfaction. As a result of these efforts, Cavalry Portfolio Services has agreed to the following resolution: The business states that they close their file and cease all collection efforts with respect to this debt. Included with this letter is a form asking whether the business performed as promised. To help us get the best results for you, please fill in and return this form, noting whether the business has complied with the terms of the mediation. Your comments are also most welcome. The form can be returned to any of the addresses shown at its top: by email to Complaints@newyork.bbb.org, by fax to 212.477.4912, or by mail to Better Business Bureau, 257 Park Avenue South, New York, NY 10010. Thank you for giving the Better Business Bureau this opportunity to assist you. We hope we were helpful. A week later they were off all of my reports
  5. Since contacting the BBB...Cavalry has removed it's self from all of my credit reports and Applied Bank has agreed to do a PFD in writing...two more to go...World Financial Bank (Speigel) and First Premier Bank and then I'm in the clear...
  6. Exactly, they can't do anything for you that you can't do for yourself....
  7. I sent out 14 disputes and had 9 removed (6 of which were late student loans)...I even disputed it thru my creditscore watching service Chaseidprotection.com...which is done online...I find that I get better results disputing it online via the mail...my score jumped 40 points overnight also... Just my opinion, for I know lots of people would disagree
  8. Hi, Equifax removed lots of negative accounts including late payments on my student loans, all together they removed 9 negative accounts and my credit score jumped 40 points overnight However, they are still on Experian and TransUnion reports. How do I get Experian and Transunion to remove them also? Do you think me mailing my Equifax report would help? Has this happened to anyone else? Thanks for any help
  9. This sounds like a very good idea...its money and they are going to cash it anyways....
  10. I would like to settle a dispute (I already disputed it with the credit bureaus and it came back as verified as true) with three debtors (one is a original creditor (past SOL to collect debt) and the two others are collection agencies (one is not past SOL to collect the debt and the other is)...what process would I follow? Can I even use the Restrutive Endorsement Check method to erase this debt (meaning if you cash this check you have to delete this listing from my reports)? If I send a check for a lesser amount than the debt, will the SOL start over and can they come after me for the additional amount?
  11. This is what I found on the code and also pennsylvania's stand on the code...however, I'm still confused...all I want to know is can I and can I not do it??? § 3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT. (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply. ( Unless subsection © applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. © Subject to subsection (d), a claim is not discharged under subsection ( if either of the following applies: (1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place. (2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i). (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. When a check for a lesser amount marked "paid-in-full" is submitted to a creditor and the debt is not disputed, deposit of the check by the creditor will not discharge the debt. But what happens if the debtor claims that the account was disputed and someone else in the corporation knew about the dispute? This situation often arises where a debtor mails a check to a large corporation and the department receiving the check is different from the department which charged the debtor. This dilemma is addressed by U.C.C. section 3-311, which clearly states that a debtor cannot use a paid-in-full check to discharge a claim if: 1. the payee is an organization. 2. if the organization has communicated to the other party that an offer of full payment is to be sent to a particular person, office, or place. 3. the check was not received by the designated person, office, or place. The "paid-in-full" check is treated as a partial payment and not an offer to settle unless it meets the above requirements. Unfortunately this rule is not absolute, because the debt will be settled if the recipient of the check had knowledge of the dispute. The purpose of the section is to prevent an accord and satisfaction from taking place when a check is sent to an automated collection center or a large corporation and is cashed without inspection. In the commercial world, hundreds of thousands of checks are processed daily by merchants and corporations. These parties are neither equipped nor is it economical to inspect every check for the purpose of avoiding an inadvertent accord and satisfaction. The section thus prevents a clever debtor from pulling a fast one by slipping a full settlement check through the system to pay less than the full amount on a disputed debt. One may revoke an accord and satisfaction within 90 days by fully repaying the amount received. A summary of the state laws is contained in Appendix IV. Nevertheless, some of the states have modified section 3–311 and have either excluded certain parts of the statute or have included additional wording. Section 3-311, a compromise of the common law and the interpretation of UCC 1-207 (subdivision 2), has been adopted in Arkansas, California, Colorado, Connecticut, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Massachusetts, Missouri, Nebraska, New Jersey, Pennsylvania, Texas, Utah, Virginia, Wisconsin, Wyoming. Many other states may have also adopted section 3-311 since we have not done a survey of all the states. In most of the states section 3-311 has been proposed as a compromise and is working its way through the legislatures. We do know that New York still follows UCC 1-207 which allows the recipient to deposit a check marked paid in full utilizing the magic words in the UCC and receiving the money and thereafter suing for the balance.
  12. Hi:)++ Does anyone have any information on "Restrictive Endorsement Check Laws in Pennsylvania" or where I can get some information? I would like to know if this would be safe to use this method to do PFD's (1 collection account and 3 charge off accounts). Thanks
  13. Hi, I have been killing myself for the past week or so searching the board (credit repair and collections serarchs) for information that I know I saw (this was pre me knowing I could have a subscription). Can anyone help me...PLEASE??? It was for Applied Bank, First Premier, and Cavalry Portfolio (a name or more than one name of contact people, their phone #'s, and email address). I am so kicking myself that I didn't at least bookmark it. If you could help that would be great. I would like to do a PFD but want to contact a person that could actually authorize it.
  14. About how long ago did you do this? What is Laurie Abel's position within the company? Thanks