accord and satisfaction query

Discussion in 'Credit Talk' started by mark, Aug 12, 2002.

  1. mark

    mark Well-Known Member

    im thinking of using accord and satisfaction for my medical accounts, they are small (under $160 each)
    Im in Texas, so is the CA..i've read the A&S is possible in Texas

    my questions from reading about these type of agreements are:
    1. would it be unreasonable for me to include something like this at the bottom of my letter, requesting that it be sent back to me as 'proof' of acceptance of the agreement within 10 days before I make payment? and include in the letter "otherwise I'll assume this agreement is not acceptable, blah blah"

    Bad Guys Credit Systems, Inc hereby agrees to the terms set forth in this agreement:

    printed name: ______________
    signature: _________________
    date: __/__/__

    Or would they CA be too paranoid to sign off on it?

    2. would it be illegal to tack on a few extra dollars and call it 'handling fees' to make them feel better about doing it?

    thanks
     
  2. mark

    mark Well-Known Member

    this is what Im planning on sending, a compilation of a few A&S letters I have seen on here (thanks robin) robin's post has made me think that the signature portion may be viable.
    note that I am even offering them extra money. this is a recent account btw.
    see any holes in it?
    I'll spell check it before sending, of course.

    August 13, 2002

    imlost
    xxx
    xxx , xx xxxxx

    Evil Collection Agency
    xxx
    xxx, xx xxxxx

    RE: Collection Account #1

    To Whom It May Concern,

    I am writing to request assistance with account "Collection Account #1"
    as shown on my credit reports.

    The outstanding account "Collection Account #1" has a balance of $30.00.
    Be advised, I have not agreed yet that this debt is mine and I have the option to
    seek further proof from you of this debt. I am sure you are aware of my right to
    dispute this debt and request full proof of the obligation via debt validation.
    Paying this unverified debt to you means little to me if we cannot mutually agree
    that you will report the debt as mentioned below.

    I am requesting, in return for payment in full, your company notify the credit
    bureaus to which you report, to permenantly delete/remove this account from my
    credit profiles when payment is received. The credit bureaus have informed me
    that information can be removed from the credit report through the suppliers of
    information.

    To satisfy this debt, I will send you a check for the full balance of $30.00 plus
    $10.00 for handling fees. This would be a total of $40.00. This check will come
    with a restrictive endorsement that will constitute an Accord and Satisfaction
    agreement and will take precedence over any previous terms. This will pay the
    balance in full. In return you will agree to delete/remove the account from my
    credit profiles within 15 days of payment reciept, permenantly.

    This payment is being offered as an Accord & Satisfaction for payment in full
    but it does carry a conditional endorsement. The conditions of the endorsement of
    this payment are that "Evil Collection Agency" will completely and permenantly delete/remove
    account "Collection Account #1" from all major credit bureau (Experian,
    Equifax/CSC, TransUnion, Innovus) files within 15 days of payment reciept.

    If you concur with these terms please acknowledge with your signature and return
    this letter in its entirety to me no later than September 1, 2002. You agree the
    terms herein are confidential and you have the authority to make such decisions
    on behalf of "Evil Collection Agency". No payment will be made without this written confirmation.

    printed name: ______________
    signature: _________________ date: __/__/__

    Sincerely,


    imlost
     
  3. mark

    mark Well-Known Member

    they replied today with:
    "please find enclosed the information you requested, after reviewing, please contact our office"
    then the mini-miranda crap is below it.
    they attached a 3 line printout of the doctor bill they are collecting for.

    So I guess this means they declined my offer.
    what should I do now? Im not going to pay them unless I get a deletion.
    Should I contact the doctor and let them know that their collection agency doesnt want my money?
    should I send in a settlement letter to the CA offering less now?
    or , should i start the validation process and rack up violations?

    I offered these guys the amount owed PLUS 50% more...can't believe they'd turn that down.
     
  4. mark

    mark Well-Known Member

    need some assistance from the pros..bump.
     
  5. mark

    mark Well-Known Member

    bump 2
     
  6. GEORGE

    GEORGE Well-Known Member

    Know NOTHING about A&S

    BUMPAGE...
     
  7. mark

    mark Well-Known Member

    well the A&S didnt work, so im going for normal stuff now I guess :/ , I want to settle, since the amount is low, but I want it off my credit report.
    I can't tell what this CA wants to do, because my A&S was responded with a statment saying i owe 60 bux.
    should I make them validate, or send a settlement letter? I fear since they just replied to my A&S with a bill, that they are going to be mean about a settlement as well.
    will making a settlement offer back me into a corner?
     
  8. robin

    robin Well-Known Member

    I don't think offering a settlement backs you into a corner. Once you do not acknowledge the debt as yours in your settlement letter I think your fine. You might say you are willing to pay this amount for deletion to save both parties time and money. You are not acknowledging the debt is yours you are simply making an offer to do away with a nuisance.
     

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