Almost success!

Discussion in 'Credit Talk' started by blargoboy, Jun 4, 2002.

  1. blargoboy

    blargoboy Member

    Hello,

    Several weeks ago I sent a letter to a creditor offering to settle a debt they reported to a collection agency, who in turn reported it to the credit bureaus.

    Today, I received back a certified, signed copy of the letter, which has just made my day! Now that I am going to send them a settlement cashiers check, I wanted to enclose a letter that recaps what was agreed, along with providing a copy of the signed agreement.

    Is this what I should send?
    Do I need to add/remove anything from it?

    Do I need to sign the letter? I recall reading around this discussion list before that you shouldn't sign anything?

    ---

    Re: Account #: 123456-78901234

    This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgement of my liability for this debt in any form.

    I have received your signed agreement for settlement of the above said account. (copy attached)

    I have enclosed a certified cashiers check in the amount of $350 which will pay the debt in full. By accepting this check you agree that you will remove all references regarding this account from my credit profile and have full satisfaction of the debt. Furthermore the debt will be deleted from my credit profile at all three credit bureaus (Equifax, Experian, and TransUnion) or the bureaus your company regularly reports to in the course of doing business. This agreement is binding and will be void should you not hold up to your end of the agreement.

    This offer to settle should not be construed as an acknowledgment that I ever incurred any obligation with you or your client, since I do not believe that such obligation ever existed.

    If you agree to the above terms of this settlement, the check may be deposited or cashed. If you do not agree to the terms of this settlement, please return the check immediately.

    Thank you,
    Blah

    --

    Thanks all, I greatly appreciate all the help this list have been!

    BlargoBoy
     
  2. Kiyi

    Kiyi Well-Known Member

    Make sure they can't sell the balance of the debt to another collection agency
     
  3. blargoboy

    blargoboy Member

    Thanks for the tip Kiyi!

    Luckily, that is the entire balance so I should be fine, but it might not always be in future settlements so I'll need to know that.

    Thanks again,

    BlargoBoy
     
  4. LKH

    LKH Well-Known Member

    Who is reporting this? Is it the oc or the ca? If the ca is reporting it, you need to rephrase your letter so that the oc agrees to have the ca remove any and all listings.
     
  5. blargoboy

    blargoboy Member

    I sent the original letter to the the creditor, not the collection agency. The creditor signed it and mailed it back to me.

    I'm new here so I'm assuming "oc" means "Original Creditor" and "ca" means "Collection Agency" right?

    Thanks,
    BlargoBoy
     
  6. LKH

    LKH Well-Known Member

    You are correct re: the abbreviations. And, I know who you sent the letter to. My question is, who is reporting it to the credit bureaus, the original creditor or the collection agency?
     
  7. blargoboy

    blargoboy Member

    Sorry, the collection agency reported me to credit bureaus. It was my understanding that the following would make it so that they had to make sure everything was removed?

    Furthermore the debt will be deleted from my credit profile at all three credit bureaus (Equifax, Experian, and TransUnion) or the bureaus your company regularly reports to in the course of doing business.

    Thanks,
    BlargoBoy
     
  8. LKH

    LKH Well-Known Member

    I see why they so easily agreed to this. They aren't reporting it now, so they get paid and in reality, have agreed to do what they already are doing - not report it.

    Your agreement needs to state that the original creditor will remove the account from placement with the collection agency, and, they will ensure that the collection agency removes the listing from the credit bureaus.

    Your statement says they will delete the listing from the all 3 credit bureaus that they report to. The problem is, they aren't reporting it, the collection agency is. Do not pay this until you straighten this out.
     
  9. blargoboy

    blargoboy Member

    Thanks LKH for your help and advise!

    Everything that shows the collection agency's name, also has the name of the original creditor attached to it: Money Control (City of Riverside)

    Let's say they don't remove it and tell me that they didn't report me, Money Control did. Don't they have an obligation to remove it anyway as that's what the agreement says?

    I would think that either way, I could dispute it with the credit bureaus after it is paid because I have a signed agreement that it should NOT be on my credit report and they agreed to it. The City of Riverside is the original creditor, I understand they aren't the collection agency and that's not who I'm making arrangements with, but...

    If it sounds like I'm trying to argue with you, I'm not, I'm just learning. :)

    Thanks again,
    BlargoBoy
     
  10. helpwanted

    helpwanted Well-Known Member

    interesting turn of events. I would like to know how this turns out for you. What letter did you originally send them?
     

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