Collected Posted July 22, 2007 Report Share Posted July 22, 2007 First of all thanks, I've learned alot reading the posts, guides, and sample letters here, and I've come along way. Unfortunately my mortgage company took the pressure off a CA by requiring I pay them as a condition of my mortgage before I really had time to take them through the whole process of debt validation, and other practices explained on this site in order to effect a removal, and their trumped up charges were just added to my closing costs. Of course even now that the items are paid, they negatively impact my credit reports. I did dispute the items once already, and they were "verified" so the credit reporters have told me I can't dispute them again. Can I still legally demand a DV from the CA and OC, and maybe still get the items removed, say if they've lost the records or the desire to continue reporting the item?::EDIT:: No, I see now a DV must be requested within a certain time frame, so what else can I do? Link to comment Share on other sites More sharing options...
razr Posted July 22, 2007 Report Share Posted July 22, 2007 You're pretty much SOL* on paid collections. Just keep disputing, over time the CA may no longer validate. You could also try a goodwill letter to the CA, but the chances are slim that they will do anything.-r*not the good kind Link to comment Share on other sites More sharing options...
hiblues Posted July 22, 2007 Report Share Posted July 22, 2007 It is possible to remove Paid collections,it just takes a whole lot more work.CA's do not want to waste thier time on paid collections...PERIOD!so the bigger pain in the arse you are ... the more likelythey will delete-- there is no law ( that I am aware of)to protect a business from harrassement ( from a consumer) SOSearch < paid collections > on this site for more info.Click on Primer in my siggy for good info.Send them to small claims court claiming they violated the law.( do you think they will show when the only thing they win is to keep the TL on your CR-- very unlikely)Send a plethora of $1 and $2 dollar post dated checks checks in the hopes they cash one. ( violations)Keep sending them letters repeatedly disputing the debt.Again, the key is to be agressive and persistant!Eventually, they will capitulate just to have you disappear.They love to harrass people to get them to do as they want,you have to use te same tactics on them.Good Luck. Link to comment Share on other sites More sharing options...
Collected Posted July 22, 2007 Author Report Share Posted July 22, 2007 You could also try a goodwill letter to the CA<snip>I actually had a pretty good laugh over this one Razr, thanks. I seriously doubt any of those monkeys at Calvary Fortpolio Services can read. Send them to small claims court claiming they violated the law.<snip>That is the weapon I was looking for, thanks. Maybe even just a letter threatening to sue for all their FCRA violations would do the trick. Do you think similar tactics with the OC would get them to remove their charge-off? Link to comment Share on other sites More sharing options...
razr Posted July 22, 2007 Report Share Posted July 22, 2007 That is the weapon I was looking for, thanks. Maybe even just a letter threatening to sue for all their FCRA violations would do the trick. Do you think similar tactics with the OC would get them to remove their charge-off?What violations? -r Link to comment Share on other sites More sharing options...
hiblues Posted July 23, 2007 Report Share Posted July 23, 2007 You manufacture violations.besides,CA's make stuff up all the time...Don't see why a consumer can't do the same.from my other post...RE: they can countersue....I think it's worth the small risk even if they can "legally" counter.Any lawyer will tell you that court is a crap-shoot,evenslam dunk cases are lost,SOIf it's paid, the CA doesn't want to spend a dime on it, even ifthey think they have a 'slam dunk' case... they can lose.Also,I can't imagine many judges being overly sympathetic to a CA,and it's very unlikely they have a 'slam dunk' case.The bottom line is they would have to prove their case... it's very unlikely they will be able to do that.Go for it... I bet you see a deletion within days. Link to comment Share on other sites More sharing options...
Collected Posted July 23, 2007 Author Report Share Posted July 23, 2007 Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus This is one they violated, wouldn't be surprised if nearly all CA's do this, easy thousand bucks in court.Creditor may not report an account as having gone to collection until 180 days have passedThis is another....I think, but I am unclear on exactly when the 180 days starts. Does it start when the account is charged off (in my case, 150 days past due) or when the account is first considered overdue? Link to comment Share on other sites More sharing options...
JTsdaddy Posted July 23, 2007 Report Share Posted July 23, 2007 It is possible to remove Paid collections,it just takes a whole lot more work.CA's do not want to waste thier time on paid collections...PERIOD!so the bigger pain in the arse you are ... the more likelythey will delete-- there is no law ( that I am aware of)to protect a business from harrassement ( from a consumer) SOSearch < paid collections > on this site for more info.Click on Primer in my siggy for good info.Send them to small claims court claiming they violated the law.( do you think they will show when the only thing they win is to keep the TL on your CR-- very unlikely)Send a plethora of $1 and $2 dollar post dated checks checks in the hopes they cash one. ( violations)Keep sending them letters repeatedly disputing the debt.Again, the key is to be agressive and persistant!Eventually, they will capitulate just to have you disappear.They love to harrass people to get them to do as they want,you have to use te same tactics on them.Good Luck.The only problem I can see with sending a posted dated check, is thatif they cash it and you sue, have to go to court.. judge may say " did you send a check on an already paid account in order to entrap the company to cash it.. Link to comment Share on other sites More sharing options...
Collected Posted December 5, 2007 Author Report Share Posted December 5, 2007 Success!! I have effected a voluntary removal of the item by the CA.I learned only recently by reviewing my title company's escrow report that they collected 300 dollars in excess of what the OC wrote off, and of course didn't report the amount I actually paid on my credit report. I wrote them a letter threatening to sue if they did not return my 300 dollars, remove the item, and send an additional 2000 dollars as penalty for 1. Collecting in excess of what I owed, and 2. Failing to validate the debt. (Even though I wasn't smart enough in the beginning to demand validation in time.) They have not returned any money to me, I am still mulling it over whether to sue them or not, but I still feel like I won something which will save me thousands in years to come. I have learned so much from this site, unfortunately a tiny bit too late, and it's cost a fair bit along the way. I really should have sought real help from people experienced with this earlier and read read read rather than trust certain other people as to what I could do and what my rights were because they just didn't know as much as I've learned on the way. Thanks for all your help. Link to comment Share on other sites More sharing options...
merkurfan Posted December 5, 2007 Report Share Posted December 5, 2007 Party time!! well.. when they send you the 300 bucks back. it's likely the 300 was interest or some sort of fee. but make um prove it, then make sure it was a legal fee or interest amount.I would sue their butts over that. Then sell the judgement off to a JDB Link to comment Share on other sites More sharing options...
Collected Posted December 5, 2007 Author Report Share Posted December 5, 2007 it's likely the 300 was interest or some sort of fee...<snip>....make sure it was a legal fee or interest amount.I would sue their butts over that. Then sell the judgement off to a JDB Ah see...that's the thing, they told me that interest and penalties apply to the amount charged off by the OC. You know what? That is a lie, they are not allowed, as specifically stated in the FDCPA, to ever jack up the amount charged off by the OC, except I guess when it's part of judgement handed down by the court, and doing so carries a penalty of 1000 dollars. There again, that is money you probably would never see, except if you get a judgement against them.BTW, what is a JDB? Link to comment Share on other sites More sharing options...
divinemadness Posted December 5, 2007 Report Share Posted December 5, 2007 this is some good info thanks! Link to comment Share on other sites More sharing options...
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