So I called a CA that was reporting on my credit to negotiate with them They agreed to Delete the account if I payed it off in full. So because of all the information I read on here I told her I needed it in writting and told her I would send her a payment by deletion letter for her to sign via certified mail and when I got it back I would pay her. She asked me to fax it to her and said she would sign it and fax it back to me. I told her I would work on drafting the letter and get back in touch with her. Is there a reason why I shouldnt do this over fax? Anybody have any experience here?
First, good job on getting them to agree to sign your letter! That's very rare. I personally would not be comfortable with faxing such a letter. If the CA says "we never signed that letter / she's not authorized to sign on our behalf / etc", then you may (or may not) have a hard time proving that the letter actually came from them. If you send it CMRR, you at least have a signature card showing that you corresponded with the company, and you'll have an original document showing their response (signature). Check your local Rules of Civil Procedure. It should explain what is admissible in court as an "original document".
Yeah...Im not really sure about this, especially since the women I talked to basically said she wouldnt do it by mail, said it would take longer and be more of a headhache for them or something like that. Also the CA is LVNV Funding and apparently now they changed their name, were bought out, or are being handled by Resurgent Capital Services. So I am not sure how much validity having a letter signed by RCS would have to marks on my credit by LVNV Funding. Any thoughts on this?
I am not saying I recommend this..but it DID work. I faxed a contract for deletion by payment to my rep. She signed it and faxed it back to me....I payed them off in full. Within 24 hours they deleted the account from all three CBs. This pretty much goes against most things that are recommended for these types of situations...but I was desperate and figured a faxed document is better than no document at all and I figured it was my ONLY shot at getting it removed. I played on paying it whether they were going to delete or not. I thought the whole process was just too easy...Although I spent 15 minutes on the phone with the rep basically DEMANDING they delete my account once I pay, she must have told me 50 times that they dont do pay for deletes before she agreed. Still cant believe this worked...and again...I wouldnt recommend it. Crazy!
