Negotiating Delinquent Accounts With Creditors
Here is my situation. Due to an identity theft case I have four delinquent accounts on my credit report. I have went through the entire process of hiring a lawyer to track down and possibly convict the person who did this...but there was no proof as always. Basically the creditors are still holding me responsible for paying these "debts" back. My question is I know there are many companies out there that negotiate lower interest and payments ect with creditors..but is there a way to do this yourself? Any specific things I should ask for when negotiating? At this point I don't care so much about paying off the debt...in payments of course...I am concerned with these creditors upgrading the status of these accounts on my credit report. I can then dispute the late pays ect. with the credit reporting agencies. Thanks for any adice you may have
One of the key issues is "did you file a police report"? If the answer is no, then there's going to be a creditabilty problem
w/the creditors. If yes, you can notate your
credit report, and obtain some possible leverage w/the creditors. I wish you good
luck.
Mark
I'm not sure why your lawyer focused on tracking down the perp. If the perp keeps doing it, that's a problem for you, but your supposed creditors are more important fish he could have been frying.
If you are secure in the knowledge that the accounts aren't yours, you could take the creditors to court for a declaratory judgment that the debts aren't yours and force their removal from your reports.
Regardless of how the accounts are putting pressure on your life, I don't know why you would for one second consider paying debt that isn't yours. :-o
The new FACT act contains enhanced identity theft provisions you may be able to use. Look into it.
I can give you some pointer but cannot do it without posting something a mile long takeing into account every possible situation. give me a direct email. The correction is simple enough just takes a little time.
[addsig]
I agree completely with flacorps. Do not pay for an account that is not yours. Even if you don't have a police report, you should be able to get them removed from your credit report (it would be slightly easier with a police report). Dispute the accounts directly with the creditors as fraud (you have the right to dispute directly with creditors from the newly passed FACT act). Demand that they provide you with signed applications, and any other information they have regarding the fraudulent accounts. They have to provide the proof in a situation like this, not you.
As far as negotiating, if the account was yours and you wanted to negotiate, insist that the companies mark the account as "paid as agreed" upon payment. Get this in writing up front. Many people you speak to in companies either do not have the authority to give you this deal or are not smart enough to figure out that they can. Be persistent and keep talking to higher ups until you find someone who will work with you.
You have the right to dispute anything on your report you feel is incorrect based on Federal Consumer Protection laws. Let me know if you need any further assistance with your situation.
Sincerely,
Mario Costanz
President
SmartServ Solutions