They sent me out a settlement letter last month. My original balance with them is 2,433.20. Their letter stated that they would be willing to settle for 3 payments each being 405.53, total I would be paying 1,216.60. When I received this I sent them a Validation letter and I was returned with the signature card, proof that they received it. Yet I still have not received anything from them concerning validating the debt. This morning I received a phone call from them offering me a new settlement offer of 850 now and 2 other payments of 244.00. for decemeber and the last payment in January. I then told him im waiting for them to validate the debt and he told me that I had to show good faith to them accept this offer or I would end up paying the full amount. I then asked him I needed the NEW settlement agreement he was offering in writing before i would agree to it. He declined and told me they had already sent me a settlment agreement in the past and if they sent me something in writing for the new one it would have to pass through the department and they might see that I didn't take their first offer so this NEW offer might be voided out. Does this make sense to you guys? He can't send me anything in writing because they might not accept the settlement offer? Sounds fishy to me. I even offered him to fax it to me and i might be inclined to accept the new offer. He kept saying I had to show good faith first on my part and then after the first payment sent today by (western union) that he would send it. I told him that without something in writing I would not even think about it and I told him to have a good day and I hung up. So did I do the right thing? Any suggestions if they keep calling back?
Don't answer the phone if they call back. If you make payments you might reset the SOL. That's probably what they want. I wouldn't send them anything until they send the validation. They may not have the documents. That's why they're trying to get you to pay. If it ends up going to court, and you show up and ask for proof, they may not be able to produce it and the case will get dismissed.
Enhanced Recovery is a 3rd-party debt collector, right? Did you request validation within the statutory first 30 days? If you did, this is continuing collection activity, prohibited by statute. Sit tight and let them continue to rack up violations. They can be used as offsets when it comes time to negotiate. If not, you're going to have to figure some other options. Settlement? Wait and take your chances in court? Can you get a better deal later? Odds are they can't get the material to verify the debt; if so they will have a tough time in court. So sitting tight for a while may not be the worst option. What do you want to happen with all of this? You need to start practicing the art of the possible. I'd answer the phone, be polite and not say very much. Let them hang themselves. Phone recorders are useful in this situation where you legally can.
This is just too good. This has FDCPA lawsuit written all over it. With a little luck (i.e. evidence) you should be able to win more than enough to cover the debt. (Don't forget the non-disclosure clause). Just keep giving them enough rope, they'll hang themselves but good!
He even had the nerve to tell me the validation letter would only contain original amount owed and what is owed now. He said it would NOT contain interest and how they figures interest accured
http://www.westerncapitalfinancial.com/news_ERC.html That's just funny. Listen to the call. Get an attorney and have fun
