Help me get rid of a paid Palisades collection...pretty please!

[angielynne]

I had a paid settlement with these people before I got wise to these boards. Now I have this nasty mark on my credit. How can I get rid of them and get them to delete.

I've disputed twice now with all 3 CRA and it always comes back verified...I tried sending them a GW letter and haven't heard anything back on that yet.

What else can I do? This was from an old HSBC account that is ALSO posting a tradeline to CRA's as a charge off. IS there anything I can do with that one too since it's the OC and I paid it through the CA?

I've been searching these boards forever and can't find what I would do in this situation.

[McG]

I'm in the same boat - mine's from about 4 years ago - and they have been verified over and over on two reports, knocked off the other one. Try debt validation - or at least that's what I'm trying based on my research here and on myfico.com's forums. I sent my DV letter on 12/31 - no response or deletion yet. I'll give them to about 2/4 and then I'll send them my "You're in violation of the FDCPA and I'll sue you in 15 days or else letter."

[brokeinok]

If you paid a settlement with them and they are verifying this, then there is no violation of the FDCPA. A DV only applies to an outstanding balance account where there is a question of whether you truly owe the money or not. Since you've paid in a settlement, I would say that question has already been answered and they are well within their right to continue to report it (provided everything they are reporting is accurate). They do not have to answer your DV for a paid account.

[McG]

I think the idea is to see if they still have any record of the debt and if not, how can they report that it's yours. You're fighting them on their reporting of the collection (paid or not), not the fact that they're trying to collect it. Both are covered by the FDCPA from what I understand.

[TheRoadBack]

If you paid a settlement with them and they are verifying this, then there is no violation of the FDCPA. A DV only applies to an outstanding balance account where there is a question of whether you truly owe the money or not. Since you've paid in a settlement, I would say that question has already been answered and they are well within their right to continue to report it (provided everything they are reporting is accurate). They do not have to answer your DV for a paid account.

I disagree somewhat.......What if this was reporting as a paid ca on your credit report as an error and it was not yours. Isn't that wat a dv is....Not only to make sure of the right amount but to make sure it is the right person. JMHO

[brokeinok]

I disagree somewhat.......What if this was reporting as a paid ca on your credit report as an error and it was not yours. Isn't that wat a dv is....Not only to make sure of the right amount but to make sure it is the right person. JMHO

You are correct in that, however, the OP and the person who posted after both stated they'd already paid/settled these accounts so I would think we were past the stage of "it's not mine". If they are reporting wrong, then the OP and mackguyver need to approach fixing it from the standpoint of the FCRA. Click on "Disputing with the Original Creditor" in the links at the top of the main website page.

[McG]

I spent over two years of my life fixing getting my insurance to pay OCs (doctors) and almost as much time getting them to convince the CAs to remove the item from my report, so I don't know if that approach works too well.

I have read many posts from people who used DV to remove paid collections, so I'm giving that a shot. They say it's particularly successful for older collections whe the CA has long since discarded or archived the records.

Besides, I've disputed the item six ways to Sunday with the CRAs and they are still saying settled for less than full amount and reporting the wrong date, etc. Give me about 2-3 weeks and I'll let you know if it works. If it does, I'll just have a handful of BK7 accounts and the ugly BK7 itself and may finally reach the magic 700s!!! I'm in the 680s & 690s right now and about to have my first mortgage appear which in time should diversify and push it above 700.

[brokeinok]

You might also try a BBB complaint and a letter to the AG of your state and the one that the CA is located in. Reporting incorrect information is against the law. I've had some success with the BB on several things.

[McG]

Update: Just checked Truecredit and my DV has resulted in the paid collection coming off of my Experian report!

To summarize - multiple attempts with the CRA knocked it off EQ, but left it on TU & EX. The DV knocked it off EX, so I only have one collection on TU and if this works, I'll be collection free! I'll update you if & when that happens.

[angielynne]

That's great news! I sent out a D/V on MOnday, so now I'm just sitting and waiting to see if anything happens.

So far this week, I seem to be having good luck. I got one inquiry deleted and also a successful PFD! So here's hoping the d/v works on this!

[McG]

Update #1: I just got a letter from NCC Business Services, the collector, and it says:

This letter is to serve as confirmation the above-mentioned account was closed in our office as of March 17, 2004 as paid in full.

A request was made on January 15, 2008 to delete this account from your credit report to Equifax, Experian and Transunion.

If you have any questions please feel free to call our office...

I can't believe it, honestly. I guess that explains why it has dropped off my one report, though I'm a little nervous that EQ will add it instead of delete it. Also, I was expecting the whole "it's illegal to delete info" from them, but wow, I got this instead. They probably didn't want to deal with me and just wanted to "buy" me off!

So whether a DV on a paid CA is legit or not, it's another trick to try if the CRAs won't delete it.

[flak88mm]

Update: Just checked Truecredit and my DV has resulted in the paid collection coming off of my Experian report!

To summarize - multiple attempts with the CRA knocked it off EQ, but left it on TU & EX. The DV knocked it off EX, so I only have one collection on TU and if this works, I'll be collection free! I'll update you if & when that happens.

What do you consider a good DV response? i get responses back from CAs saying that this is the amount you owe, this is the original creditor, balance, and the account number, same kind of information you can see on your CRs. I need help in determining what a good DV doc is. Do you have your CAs send you back a signed document from OC stating they sold the debt to them?

[McG]

They can't just provide a computer printout - check out the DV section of the site, specifically this page:

Plus, they must show proof positive that you owe them this debt. It's not enough to send you a computer-generated printout of the debt. There is an opinion letter from the FTC to back this up:

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Nor can they ask you to pay for digging up records of your debt:

http://www.ftc.gov/os/statutes/fdcpa/letters/krisor2.htm

So, if a creditor can't verify a debt:

They are not allowed to collect the debt,

They are not allowed to contact you about the debt, and

They are also not allowed to report it under the Fair Credit Reporting Act (FCRA). Doing so is a violation of the FCRA, and the FCRA states that you can sue for $1,000 in damages for any violation of the Act.

The opinion letter from the FTC which clearly spells out that a collection agency CANNOT report a debt to the credit bureaus which has not been validated:

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

It also states that you can sue in federal or state court. So if you have them on a violation, then you have damages of $1,000 for the incident plus damages. Small claims court, anyone?

Writing back and sending a copy of the letter I highlighted in red was worked many times for my wife, but two times, the CA has sent back copies of her drivers license and signed forms or detailed documents with her signature on it. The DV process has worked for her 8/10 times, though, so keep at it. Other more experienced members here can probably give you more advice, and use the search engine.

[flak88mm]

They can't just provide a computer printout - check out the DV section of the site, specifically this page:

Writing back and sending a copy of the letter I highlighted in red was worked many times for my wife, but two times, the CA has sent back copies of her drivers license and signed forms or detailed documents with her signature on it. The DV process has worked for her 8/10 times, though, so keep at it. Other more experienced members here can probably give you more advice, and use the search engine.

And then we have people in here stating that if your DV is untimely, all the stuff mentioned in the last post will be a waste of time..! My DVs are considered untimely. I read in the forums that if they are untimely, the CA doesn't have to verify or prove anything. There has to be a way out to this.

[flak88mm]

They can't just provide a computer printout - check out the DV section of the site, specifically this page:

Writing back and sending a copy of the letter I highlighted in red was worked many times for my wife, but two times, the CA has sent back copies of her drivers license and signed forms or detailed documents with her signature on it. The DV process has worked for her 8/10 times, though, so keep at it. Other more experienced members here can probably give you more advice, and use the search engine.

Where's the letter you highlighted in red?

[McG]

The letter I tried to highlight in red - it's actually the bold link in the quote section of my post

[angielynne]

Well..the dv'ing seems to work, even though it's a paid collection. I sent a DV to palisades on the 14th. It disappeared from my Experian report today. Hopefully the other two aren't far behind. It raised the FAKO score 25 points!

[McG]

Success here, too - all gone! Bye bye collections! It's the first time I've been collection free in 6 years!!!:mrgreen:

[flak88mm]

I did also untimely DVs on my wife's CRs to several collection agencies and 2 of them are gonna be deleted. there are few more left/. I started end of December 2007.

[Rick9972]

And then we have people in here stating that if your DV is untimely, all the stuff mentioned in the last post will be a waste of time..! My DVs are considered untimely. I read in the forums that if they are untimely, the CA doesn't have to verify or prove anything. There has to be a way out to this.

I think the point that was being made is that it is not a violation if the CA does not respond to a untimely DV. I believe it is always worth the effort to send a DV, whether timely or not.

[angielynne]

It's gone off of Transunion this morning too!