Sign in to follow this  
Pizz80

Need advice getting two items removed

Recommended Posts

I have a few items left on my report I’m trying to clean up and need advice on how I should proceed. I live in Louisiana. The second one for 2k I called and asked for them to send me the contract and it’s been two weeks and nothing.

 

Potentially Negative
Status
Collection account. $165 past due as of Jan 2018.
Account Type
Debt Buyer
Balance
$165
Date Opened
07/27/2014




Potentially Negative
Status
Account charged off. $2,882 written off.
Account Type
Sales Contract
Balance
$2,438
Date Opened
01/04/2014

Share this post


Link to post
Share on other sites
1 hour ago, Pizz80 said:

The second one for 2k I called and asked for them to send me the contract and it’s been two weeks and nothing.

They are not required to send you any documentation.  Absent being sued they can ignore that request and it isn't a violation.

1 hour ago, Pizz80 said:

I’m trying to clean up and need advice on how I should proceed.

VERY carefully.  The SOL on debt suits in your state is 10 years.  You could very well find yourself sued. Without knowing who is reporting it is impossible to give you detailed advice.   La. civil code § 3492 et seq.  

Share this post


Link to post
Share on other sites

I was thinking about sending them a letter offering to pay 1k for settlement/deletion. Think that would work?

Share this post


Link to post
Share on other sites
22 minutes ago, Pizz80 said:

I was thinking about sending them a letter offering to pay 1k for settlement/deletion. Think that would work?

You can certainly make an offer and see if they accept.  Make sure to get ALL the terms of the settlement in writing BEFORE you pay.

I have had several pay for deletions that worked.  One thing that did help is that I clearly stated that if they accepted the offer and returned the signed acceptance back to me I would forward payment by money order or certified check within 14 days of receiving the agreement.  I got 3 back and immediately mailed payment as I agreed.  All 3 deleted.  No further collection attempts by anyone as one of the terms was that the remaining amount was in dispute.

Share this post


Link to post
Share on other sites

Settlement letters are not hard "I deny I owe anything to you,  however, in the interest of removing this item from my credit report I am willing to make an offer of $1k in exchange for a full release of liability and remove from all credit reporting agencies".  Then see what they say.  Probably no.

I would just dispute the tradelines with the CRA and if they are not removed I would follow up with MOV letters to the CRA.  It may work well for the $200 debt, but unsure of the $2k TL.

Share this post


Link to post
Share on other sites

Would y’all send a validation letter first before the PFD letter? I’ve called them before and they told me they would send me a copy of the contract but never did. I am trying to tread lightly so I don’t run the risk of being sued.

Share this post


Link to post
Share on other sites
1 hour ago, Pizz80 said:

Would y’all send a validation letter first before the PFD letter?

They are only required to respond to a validation letter if you send it within 30 days of their FIRST contact with you.  Your wanting the trade line removed means they are free to ignore your validation request.  

If you want to settle start negotiating.

Share this post


Link to post
Share on other sites

I can’t believe I forgot this part, but I’m listed as a co-borrower on this account. I honestly don’t remember co signing on this account (my wife is the borrower) and I called them a little over two weeks ago. They promised to send me a copy of the contract in the mail but never did. So do you think I should still try to offer something, call them again or send a verification letter?

Share this post


Link to post
Share on other sites
31 minutes ago, Pizz80 said:

I can’t believe I forgot this part, but I’m listed as a co-borrower on this account. I honestly don’t remember co signing on this account (my wife is the borrower) and I called them a little over two weeks ago.

Your wife could have opened the account in both your names.  Settling it would take care of all borrowers listed on the contract.

31 minutes ago, Pizz80 said:

They promised to send me a copy of the contract in the mail but never did.

They are not required to send it.  They are only reporting which is not defined as collection activity in some Federal circuits.  If they are not calling or mailing you collection notices then they do not have to send a copy of the contract.

32 minutes ago, Pizz80 said:

So do you think I should still try to offer something, call them again or send a verification letter?

AGAIN, they only have to verify/validate if you dispute within the first 30 days if their INITIAL contact with you.  If you send a DV letter now they can ignore it.  Even if you do send a DV letter and request a copy of the contract they are not required to provide that under the FDCPA.

We are going in circles on this.  If you want to settle make them an offer.  If they reject see if they make a counter offer.  Keep going back and forth until you both reach agreed upon terms.  

  • Thanks 1

Share this post


Link to post
Share on other sites

So I called United consumer to talk to someone about a settlement but was told a company called total card inc was now handleing my account. The woman offer me a 1000 settlement but also told me Kirby wouldn’t sue me because of the age of the debt. Should I now say the hell with the settlement and go for a different approach?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this