So I recieved my PFD letter back notarized and signed agreeing that they would remove all reference to the account from all 3 CRA's. Well I'm starting to notice that instead, they have marked the item as paid. I know paid is better than being in collections but I was hoping to have it removed completely. I emailed the person who notarized the letter but have not received a reply back. What should I do if they don't remove it or is it even worth the time to bother?
Yes, it very well might be worth the time to bother. You would need to file a lawsuit in your local district court (not federal) for breach of contract. You need to contact them by phone first and ask to speak to their legal department. They may refuse to let you do that. You would then send a letter CMRR marked ATTN:LEGAL DEPARTMENT in the lower right hand corner. The letter should contain a somewhat nicely worded statement informing them that they have breached their contract with you and that unless they fully comply with all terms of the contract within 15 days you will seek legal remedy in the form of a breach of contract lawsuit in your local district court If they have not complied within the 15 days then send an intent to sue letter complete with 2 copies of waiver of service of summons properly filled out and a SASE for their use to reply to the waiver of service of summons. Of course you will not be able to give them a case number yet although both the ITS and the waiver of service of summons forms carry blanks for the insertion of case numbers. Give them another 15 days to reply to that in the ITS. In the event they fail to delete or respond you would then prepare your complaint and notice of hearing. Then you would take those to the courthouse and file the case, ask the clerk of the court which judge would hear the case. Go to his office and give the judge's secretary the copies of notice of hearing and ask that a hearing date be set. Take that back to the clerk of the court and file that and get the summons forms the clerk will give you. Take them home and fill them out or do it at the clerk's office. Then go to the sheriff's office or get a private process server and have it served on them. If they are not local you would have to contact the sherifff in their county to get the service done. Sit back and wait for the fireworks to begin. Their attorneys should be getting in touch with you very quickly. They will most likely want to settle with you rather than go to court and lose. You will want to ask for very high damages at first and then as the hearing date gets closer and they want to settle you can come down in price. Let them write the settlement agreement but don't accept a settlement which includes a non-disclosure clause if you can help it. If you reach a settlement with them be certain that you plainly state that in the event they have not complied with the terms of the original contract, and sent you their settlement agreement you will expect them to be in court on the hearing date. I'm sure they will comply if your contract was properly written. You might want to post a redacted copy here so we can see what it says.
thanks for the info... The notary replied back to my email and she resubmitted the request to have it deleted so we'll see how it goes. here is the letter I used This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form. I will pay your company the amount of $_xx.xx_ as full settlement of this account. If you accept this agreement, I will send you a money order or certified cashiers check for the settlement amount of $_xx.xx_ in exchange for a full deletion of all references regarding this account from my credit profile and full satisfaction of the debt. This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus or the bureaus your company regularly reports to in the course of doing business. If you agree to the above, please acknowledge with your signature and return a copy to me. Upon receipt of this signed acknowledgment, I will promptly send you a money order or cashiers check in the amount stated above. Notice: This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor has any concrete written agreements been exchanged. Creditorâ??s Authorized Signature: _____________________________ Date:____________ STATE OF_________________ COUNTY OF ______________________ Personally appeared before me, ________________________ the undersigned, a Notary Public in and for said County and State, personally appeared_________________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who upon oath acknowledged that himself/herself to be________________________ of so and so collection agency, the within named bargainor, and that he/she as such_______________________, being authorized to do so, executed the foregoing instrument for the purposes within executed within the instrument for the purposes therein contained, by signing the name of the company by himself/herself as _________________________. Witness my hand and seal, at office in _______________ name of your state, this day of _______________ 200x. _____________________________________ My commission expires: _____________________________
That looks like a pretty good agreement to me. But I would also suggest that you look around on this board for the westcap agreement and use that method printed on the back of the check. It must be in 6 point type all lower case letters in order to get it to fit on the check. You will need to cut some strips of paper that are exactly the same size as a large certified bank cashier's check so you can practice getting your printer set up to do it on the real check. Then use a cover letter with the same wording on it and paperclip that to the check. If they cash the check with the contractual agreement on it and they don't take it off within 10 days you would have all the grounds you would need to file suit for breach of contract.
well I'm happy to report that when I pulled my truecredit report today, the above mentioned was deleted.
