mwally007 Posted March 22, 2007 Report Share Posted March 22, 2007 Hi guys,Thanks for everything so far! This site has been great. I've had two CO's deleted as well as one collection account! I'm so happy!Now on to Performance Capital Management. They bought my account from GE/Paypal and the balance is about $800. I called them and told them I felt I wasn't responsible (I never made a single payment on the debt because I had been disputing it with Paypal buyer credit and was denied) but might be willing to settle for deletion. They said they only delete for full payment. They send me a letter telling me they'd do just that.At any rate, I decided to submit a validation request on Feb 16th (certified mail of course) and they haven't responded. Here is the letter I am now sending now, I would appreciate it your input:To whom it may concern:On February 16th, 2007 I sent you a certified letter asking you validate my account with Performance Capital Management. It has now been well over 30 days since you have received the letter (certified mail receipt is attached). You have elected not to respond.You are in clear violation of the FDCPA. As you know, if you can not validate the debt you cannot collect or report it.The accounts you have in my name MUST be deleted IMMEDIATELY. If I do not hear from you within exactly two weeks from the time this letter is received I will, without any hesitation, be filing a lawsuit against your company.Thanks so much, Wally Link to comment Share on other sites More sharing options...
jakescreek Posted March 22, 2007 Report Share Posted March 22, 2007 Never, Never, Never ever telephone CAs. (This site's information makes that crystal clear) Many will tape the conversation and the frontline people, in my experience, are not in a position to resolve the matter.Always use certifed letters and keep a good filing system. Always have a certifed paper trail so that if you have to go to court, you have evidence of what was said.I would suggest sending another certifed letter 30 days after the first letter. If no responce, submit a third. If no responce, send a certified letter to the CRAs with proof that CA is not responding. Wait 30 days, if CA still hasn't responded, threaten (I didn't say file) a lawsuit. If CRA don't delete the file, MOV, if not deleted, threaten a lawsuit.Get progressively threating to these people, don't push it too far, and they settle for a lower amount or delete.Good Luck Link to comment Share on other sites More sharing options...
mwally007 Posted March 22, 2007 Author Report Share Posted March 22, 2007 Never, Never, Never ever telephone CAs. (This site's information makes that crystal clear) Many will tape the conversation and the frontline people, in my experience, are not in a position to resolve the matter.Always use certifed letters and keep a good filing system. Always have a certifed paper trail so that if you have to go to court, you have evidence of what was said.I would suggest sending another certified letter 30 days after the first letter. If no responce, submit a third. If no responce, send a certified letter to the CRAs with proof that CA is not responding. Wait 30 days, if CA still hasn't responded, threaten (I didn't say file) a lawsuit. If CRA don't delete the file, MOV, if not deleted, threaten a lawsuit.Get progressively threating to these people, don't push it too far, and they settle for a lower amount or delete.Good LuckI thought that after 30 days of no response they were in violation and suing them was what you should do... at least that's what this site said.I know about not calling them - I did so before I came across this site.So you are saying I should resend a letter? I shouldn't ask for a deletion yet?-Wally Link to comment Share on other sites More sharing options...
Guest tomal715 Posted March 22, 2007 Report Share Posted March 22, 2007 I’m in the same situation as you are. I sent a certified letter to a CA for DV but, its been well over a month (month and a ½ to be exact) haven’t heard from them. So, my question is that are they not in violation? If I need to send another DV letter any suggestion on what I should say? Please help.. Link to comment Share on other sites More sharing options...
jakescreek Posted March 22, 2007 Report Share Posted March 22, 2007 Your certainly within your right to threaten or to sue but in talking to a local judge who has overseen these cases, he said that the more compelling evidence that you "went out of your way to avoid suit" proves that the CA has purposely avoided answering. Your more likely to get a judgement against and a financial penalty if you go the extra mile. After all, your the reasonable one, acting within your legal rights, not they. Link to comment Share on other sites More sharing options...
someonesomewhere Posted March 22, 2007 Report Share Posted March 22, 2007 Here is Kristi's DV flowchart.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=228576 Link to comment Share on other sites More sharing options...
jakescreek Posted March 22, 2007 Report Share Posted March 22, 2007 Credit collection and improvement is the work of a skilled and patient surgeon.Cut the rot with a butcher knife, but the remains with a deboning knife.Disputate everything on multiple fronts and CYA (overwheming evidence) before you show up in that court room. Link to comment Share on other sites More sharing options...
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