Hello...Thought I would share with everyone a little good news. 1) I had two old collection accounts for $68 and $73. I used the Accord and Satisfaction Letters from Faircreditmovement.org and they worked great. One of the two accounts was removed the same day the Dr. got the check. I would have paid them long ago, if I had known they would accept payment for deletion.
Once you pay a debt it ought to be required by law to be removed. There is no logic for penalizing one for paying a debt.
Some folks have all the luck ;-) But really NCGolfer....did you send the letter that said, "In 5 days, I'll be mailing you a check...blah blah blah" or did you send the letter that said, "You sign and send back and I'll send money". I've been thinking of sending the "In 5 days I'll be sending you money" letter to get rid of two collections I have but I don't want to do that and have them take my money and NOT delete. Sure, I'd have grounds to sue, etc but I could do that and not pay (since they haven't validated). I really need to get these things off in a timely fashion...within the next month so I can know if I'm approved for a mortgage or not". What to do!
I sent them Accord and Satisfaction Letters along with the check. The check had a conditional endorsement memo in two places on front and another memo in the deposit area on the back. It basically states that if they cash, endorse, or deposit the check that they are agreeing to delete the negative entry from my credit reports. You can check your state to see if in fact they are binding. NC follows the UCC and so therefore, they are binding.
I'm about to send a final payment of $67.00 of a $134.00 CA. I didn't know anything about validation, until it was too late and I had already accepted the dept and sent the first installment in. I've called to ask about payment for deletion. Of course they told me they didn't delete. So I was wondering if maybe this Accord and Satisfactin Letter would help. If so, where is a copy of this letter. This CA is on my Tu and Eq report. It is four years old, maybe it will increase my scores if it was deleted....... TU- 543 Ex- 623 Eq - 588
Congrats! I sent letters saying payment would be sent in 5 days via PFB and have just sent the checks with the restrictive endorsements for deletion written on front and back. Hope it goes as smooth as it did for you!
I was just reading a few A&C cases from my state (NH) and from what I gather that even if it is not allowed at the state level it is allowed at Federal level. Now I'm no legal guru, but if you were to use an A&C and the CA didn't delete, you wouldn't win in small claims, only federal court. Here's another note I found on it: Under the UCC, any notation on a check or accompanying written communication indicating that payment is tendered in full satisfaction of a claim must be conspicuous. RSA 382-A:3-311(b) (1994). The UCC provides that a term or clause is "conspicuous" when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: NON-NEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is "conspicuous" if it is in larger or other contrasting type or color. But in a telegram any stated term is "conspicuous". Whether a term or clause is "conspicuous" or not is for decision by the court. RSA 382-A:1-201(10) (1994). The test of whether language is conspicuous is, in essence, "whether attention can reasonably be expected to be called to it." RSA 382-A:1-201 comment 10.
