Can what i say on the phone be used against me? I have a chargeoff, been placed at 3 different CA's. This third one decided to place it on my CR. I want to call them and get there feelings on a cash settlement along with Deletion. Would it be okay to fax them a settlement letter?
Whatever you do, PLEASE get everything in writing. When you say cash, you don't mean send them cash? If that is what you mean, PLEASE DON'T. I am sorry if I am misunderstanding your post, because I know you know all of this already ;-)
They use the term Cash. meaning lump sum payment to settle, the other otpion is usually payment plan.
Oh, I'm sorry. I started to panic when I saw that word in your post ;-) But, still, get everything in writing......
Yes, what you say on the phone can be used against you. Do not admit the debt is yours. Really, don't talk to them.
As another poster on this board puts it, there's nothing they can say to you on the phone, that they can't say in writing.
Well there is only two things i will do. 1200 oringinal balance. 1.I will offer 500.00. 2. They must delete there collection account on my CR. A paid collection is Worthless crap, i leanred that from here. Is that offer Fair? the second collection Agency was offering a settlement of 475.00.I wish i would have found this board then, since they never put it on my CR.
My rule of thumb when dealing with a CA: Everything you say, do, ever did, or even did not say or do will be used against you in any way we can think of, legal or not. So, don't talk to a CA on the phone. Only communicate via written letters. Remember, sometimes CA's even make stuff up! :-0
IMHO it is best to go with validation request first. allow the ca to dive into the violation spiral. Use this as leverage for negotiations. After you have solid ground to stand on, It is easier to get a deletion for a settled amount. What? sounds immoral? just beware they have no morals when it comes to this stuff. Protect yourself! Remember that if you send an offer to settle use a "restricted offer". There is a good chance the ca will be unable to provide full validation and you get a free deletion. How do you know that you owe these people? Just because they say they have been assigned it doesn't tell me that you owe them. You might very well owe thes folks but make them show you first. just my humble opinion
Voodoochild-- I don't think it sounds immoral at all. I hope not anyway, because that's what I just did. I just started on my hubbys CR's, so I sent out validations for 3 derogs. They are valid debts, and unpaid. I'm not trying to get out of paying them. I don't even want to settle for less. I'll pay the full amount (though I'LL start low) I am just trying to gain leverage for full deletion while I'm validating. I'm going to make sure on both reports, everything is going to get paid! I just don't want to screw myself in the process. Not immoral, smart. If I don't watch out for us, the CA's certainly aren't going to do it!!
I hope you realize that any acknowledgment that the debt is yours, any promise to pay, can be construed as waiving your rights to the SOL. Are you sure you want to do that? Have you read any of the posts here where people made this same deal over the phone, and then the CA did not delete the account, not only that, but after they received the settlement amount, they proceeded to start collection on the difference? Do not deal with them over the phone. You are certainly hard-headed. If you want us to tell you that this is a good idea, you are on the wrong board, LOL. It is a lousy idea. If you keep asking the same question, giving different reason and explanations, you are still going to get the same answer. Don't talk to them on the phone, don't acknowledge that the debt is yours - not ever, not for any reason.
I learned from here to Send them a letter and Make them sign it, before i settle. Also to even use a Retricted check stamp. Really all iwant to know is his fax number so i can send him a settlement letter. I would never trust those crooks to a verbal agreement. I will just call to see who they bought the debt from, get his fax number. Like a person said before me, i have no problem paying them some money. it was charged off in 2000.So i still have 5 years on my TU. other two the oringinal creditor has been deleted. You really have no other option when these Crooks look at your CR and see your doing Very well now.
hehehe, that would be me who says say it in writing... Don't talk to them on the phone. Furthermore, don't send in the settlement offer via fax. Find out a managers name, then mail the settlement offer CRRR. If it isn't in writing, it DOES NOT exist.
Is there some reason you don't want to validate this debt? What CA is this for. Why don't you post that and most likely someone has the fax number for them. Don't call them!!!
Midland Credit managment, Los Angeles, CA 90084 Im at the point now, where today i would pay 50-60% of the debt to get a deletion. From what i hear, i should send crrr settlement offer(dont fax it). However now im willing to wait and send a validation letter. According to my report They checked my CR in early 7/02. And posted a collection on 8/5/02. They just bought the debt from another CA a month earlier. I just wished i would have found this site sooner. They offered me a settle of 450.00 of the oringinal 1200.00. then i could have brought up about deletion.
What's is immoral about demanding proof ? Also remember if they aren't authorized you pay the bill at least twice!