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CA Responds with Bank Statements


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So I DV'd NCO for a BofA acct on CRA's, also disputed with CRA. NCO deleted and passed to another CA, FBCS. I DV'd FBCS, they send me a copy of a few months of bank statements from BofA. My 1st instinct says I'm screwed, but has anyone had this happen? Any suggestions?

BTW, the DV was timely. I MIGHT have them on a verification violation, but I wont know until I get my disputes back from EX & TU.

HelP!

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From the looks of it, I'm going to have to settle. All the statements they sent show the accounting for the debt. I DO have them on one violation though, they validated with CRA while I was in dispute with them.

How old is the account? You could use that violation as leverage.

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Here's an example that I wrote but didn't use. The account is only one year old and in OH, the SOL is 10 years! Yikes!

Tweak it and use it if you want...

ABC Collections

123 Any Street

Anywhere, USA 12345

Account #: XXXXXX

Date

To Whom It May Concern:

I am writing in response to your recent correspondence to my validation request. The account in question was cancelled in writing and sent to a man named “Joe Smitty”. After speaking with the people at XXXX Workout Establishment, they claim they never received the cancellation. During the time that this account is said to be delinquent, I have since been through a bitter divorce and my Army Reserve Unit was deployed to Iraq. [insert your reason here]

In the spirit of compromise, I am willing to offer a settlement for this account if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion). The purpose of this settlement is merely to have this item removed from my credit files.

I am sure you will agree that a mutual agreement is your best interest. Per FDCPA, section 807 (8), you are required to report that the account has been disputed. However, after checking my credit report during the dispute, I noticed that your agency failed to do so; resulting in a one thousand dollar ($1,000.00) fine payable to me should I choose to go to court. I would prefer not to go that extreme.

If you agree to the terms and accept this agreement, certified funds for the settlement amount of two hundred fifty dollars ($250.00) will be sent to XXXX Collections in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

If you agree to the above terms, please sign the enclosed agreement and return to me at the address below. This agreement shall constitute a legally binding contract, enforceable under the laws of [your state].

You have seven days to respond to my offer, or I will immediately take advantage of my legal options against you.

Sincerely,

YOU

Your Address

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Excellent!! I'll chew that up to my specifics and send it to them.

Make sure that if they deny or don't respond at all that you REALLY sue. There is no point in threatening if you don't plan to follow through. Show them you are serious! I have read that the best ITS is the one sent WITH the first few pages of your complaint.

:goodluck:

Keep us posted!

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I forgot to post the agreement.

AGREEMENT TO COMPROMISE DEBT

ABC Collections [CREDITOR] and YOU [DEBTOR] hereby agree to compromise the indebtedness between them based on the following terms and conditions:

The CREDITOR and DEBTOR agree that the present debt due is $XXX.00. The parties agree that the CREDITOR shall accept the sum of $XXX.00 as full payment on the debt. The payment shall be made by money order (or certified check) and will result in complete discharge of the debt.

The CREDITOR agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account.

The parties, their successors and the assignees are bound to abide by this agreement and the resulting benefits.

Dated:

I have sent this to 2 different places and HAVE NOT received a response. But, again - tweak it for your own use.

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Given that they have ONE violation, I wouldn't pursue that in court. However, maybe sending a letter stating that violation, AND their absense of providing me with proof that they indeed have the right to collect, that might get me somewhere.

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Wait a minute, don't they have to prove they own the debt in the first place??? I'm thinking copy of bank statements? Big deal, how does that prove they actually own the debt???

the bank statements are closer to proving the debt and a lot of judges will accept that as proof, however, you can bring up enough doubt they have the burden. BTW, if the CA is collecting on behalf of the OC then they have met the burden of proof that they can collect.

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