etg2013

What to do after 623 Letter with OC's

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I have a question that may have been addressed previously...but...her it goes. I've been dealing with 3 different creditors: BOA, Discover, and Elan for about 3 years now.

 

BOA has sent me to 2 collection agencies. The 1st agency returned it back to BOA. The 2nd agency sued me and then dismissed when confronted with a forged affidavit and not providing materials requested by the court. The debt is now back with BOA.

 

Discover sent me to 2 collection agencies. The 1st agency sued me and dismissed before trial. They sent the debt back to Discover. A 2nd agency sent me the warmed over legal threat and did not validate the debt. I sued them in court and agreed to dismiss when they returned the debt back to Discover.

 

Elan has sent me to collection 2 times but they both sent the debt back with a few letters.

 

No collection agency has reported to the credit bureaus, only the original creditors

 

At this point I would like to remove these debts from the credit bureaus. I have disputed the information with the credit bureas to no avail. 25 days ago I sent certified 623 letters to BOA, Discover, and Elan as an attorney at the FTC suggest I do. I'm guessing I will hear back nothing as usual.

 

What is the next step when dealing with the original creditors? I have certified copies of everything I have sent for several years.

 

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You should hear back from the creditors.  Even if they determine that your dispute is frivolous, they have to let you know that fact.

 

If the creditors are reporting accurately, they can't be forced to remove the entries.  Some people have had success with pay for delete offers, but I don't know how well that works with original creditors.  Also, it might require either paying in full or close to it.

 

You didn't say when the entries are scheduled to be removed.  The older a negative entry becomes, the less effect it has on your CR if you have current postive entries.

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I did a PFD offer many years ago for a debt that was mis-billed (they did not bill for remainder unpaid by insurance as we had agreed).  My PFD offer was for the full original amount plus interest, and yet they refused.  They never got paid.

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They are all 3 coming on 3 years this month.  The SOL in Virginia is 3 years so I won't be dealing with the CA any more.

 

I haven't been inclined to pay as they still have not sent any details of the debts.  The closest I have come to details is BOA telling me a transfer was done at a branch office for $6,500.

 

As these transactions happened while going through a divorce I suspect a particular individual but have no way to prove anything.  It's always interesting when they tell me to send proof.  Aside from living in a state 12 hours away it is a bit tough to prove you did not make a transaction.  How exactly is that done :-)

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When someone asks me to send proof of a debt I don't know about, or for which there isn't enough information to know with, I ask them how many blank pages of paper they want.

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If you feel they don't have enough to prove their case against you in court, the next step would be to send them an intent to sue letter.  If they are reporting an account and can't prove it, they are violating the FCRA by not reporting accurately.  

 

Otherwise, send in another dispute to the credit bureaus.  

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They don't ever have to respond to a debt validation letter.  If you sent it within the first 30 day of receiving their original letter, they have to validate before continuing collection activity.  If you send it after that 30 day period, all bets are off and they can freely pursue you.  

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