crzygrl4241

Advice Needed: Received Response to PFD letter

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Good evening all!:)++

I have been reading and reading and just recently sent out my first PFD letter to a CA called 'H&R Accounts". I received a letter back from them today and was hoping for some advice on how to proceed.

The letter basically says that in response to my letter about the account, their records indicate:

Original Creditor: Creditor Name

Account Number: xxxxxxxxxxxxxx

Account Name: My Name

Account Address: My Old Address

Amount Owing: $91.00

They then state that "the above information is provided to validate a debt under the FDCPA."

In regards to my PFD offer the letter also says "We are required to enter into agreements with the major credit reporting agencies. Under those agreements we are obligated to report fair and accurate information as mandated by the Fair Credit Reporting Act. Our responsibility as a Data Furnisher does not allow us to remove the account from your report unless the debt is not valid or was placed with us in error, nor can we credit barter for payment in full in exchange for submitting a request to have the account removed from a consumer credit file. If you have additional questions please call...."

So basically they said "No" to the PFD. My questions are:

1) Is this enough information to validate the debt

2) I don't believe they are correct in that the TL cannot be removed, but wondering if it's even worth sending a follow-up letter saying so. Has anyone had experience with this?

2) The amount that they are reporting on my CR and in this letter is incorrect. I was offering PFD in an attempt to resolve quickly, but at this point perhaps I wait and see if my CRA dispute comes back verified and if it does then is there something I can challenge due to the wrong amount being reported?

Sorry for the long post and thank you very much in advance for any help. This is a bit discouraging given the small $ amount.

C

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Our responsibility as a Data Furnisher does not allow us to remove the account from your report unless the debt is not valid or was placed with us in error, nor can we credit barter for payment in full in exchange for submitting a request to have the account removed from a consumer credit file.

That's interesting considering that, according to the ACA Code of Operations, Rule II(B)(3):

When furnishing data on a consumer credit report, a Member has a duty to: (3) Take reasonable steps to avoid furnishing data to a credit reporting agency about an account that is presently subject to reporting by another data furnisher;

According to their own joke of an Organization,(this is the same group that tried to convince Congress that debt collectors should be allowed to self-regulate), debt collectors shouldn't be reporting at all if the original creditor is already reporting the account. How do they explain that one?

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In addition - what kind of documentation do they have at all that shows you have some kind of relationship with the CA and that they have information the debt is valid. You could technically take them to court if they have no documentation on the debt and they are reporting negatively. Tell them to consider these facts.

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In addition - what kind of documentation do they have at all that shows you have some kind of relationship with the CA and that they have information the debt is valid. You could technically take them to court if they have no documentation on the debt and they are reporting negatively. Tell them to consider these facts.

Very good points! Thank you both for taking the time to respond to this. I suppose I will send them another letter after I see if they verify with the credit bureaus. Even though the amount is small, it's kind of the principal at this point. I guess they throw out these statements and hope we just believe them and back off. You would think that any time they could get someone willing to pay the whole dollar amount (when they paid maybe $5 for this debt) they would jump on it!

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FDCPA is plain in what constitutes "Validation" -it must be "obtained" by the debt collector - not "manufactured". In other words, the statement "Our records indicate...." cannot by definition be Validation of a Debt under FDCPA. Since they have not properly Validated the debt, the next time they ask for money they violate FDCPA. Sue for $1000 and see how fast they (a) drop their claim and (B) remove their TL as a part of the settlement of our suit.

I am presently suing a debt collector over just this point of law.

Of course they rejected your PFD. Now They Pay YOU and delete as a part of the settlement of your FDCPA suit. If they want a Nondisclosure Agreement, you can always quote me: "NDA's cost $10,000 more."

Now that you have demanded VOD, they are on notice that you dispute the debt. If they verify the debt to a CRA and fail to indicate that you dispute it, then you have both a FCRA and FDCPA violation, and another suit against them.

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This is such great information, thank you. I am not done with them. :) At this point I will be patient and see if they verify with the CRA. IF they do, then I'll do some more fact finding and fire back with another letter.

thank you all for your help! This board is teaching me so much.

FDCPA is plain in what constitutes "Validation" -it must be "obtained" by the debt collector - not "manufactured". In other words, the statement "Our records indicate...." cannot by definition be Validation of a Debt under FDCPA. Since they have not properly Validated the debt, the next time they ask for money they violate FDCPA. Sue for $1000 and see how fast they (a) drop their claim and (B) remove their TL as a part of the settlement of our suit.

I am presently suing a debt collector over just this point of law.

Of course they rejected your PFD. Now They Pay YOU and delete as a part of the settlement of your FDCPA suit. If they want a Nondisclosure Agreement, you can always quote me: "NDA's cost $10,000 more."

Now that you have demanded VOD, they are on notice that you dispute the debt. If they verify the debt to a CRA and fail to indicate that you dispute it, then you have both a FCRA and FDCPA violation, and another suit against them.

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