I sent an offer to a CA for the full amount in exchange for deletion. It has been 30 days since they received the letter without response. They have attempted to call a couple of times but have left no messages. This is my modifed version of the second notice letter. <Letter Begins> THIS IS MY SECOND AND FINAL OFFER TO SETTLE THIS ACCOUNT! On August 12th I sent an offer of settlement to your agency via certified mail, item number (xxxx). It was received in your office on August 15th and signed for by your agent Ms. Smelly Slime. To this day I have received no response. I will reiterate my offer below. Please note: This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form. I will pay your company the amount of $xx as full settlement of this account. If you accept this agreement, I will send you a money order or certified cashiers check for the full amount of $xx in exchange for a full deletion of all references regarding this account from my credit profile and full satisfaction of the debt. This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus or the bureaus your company regularly reports to in the course of doing business. If you agree to the above, please acknowledge with your signature and return a copy to me. Upon receipt of this signed acknowledgment, I will send you a money order or cashiers check in the amount stated above within 10 business days. Please note that I will only communicate in writing with your agency and that you must CEASE AND DESIST all other forms of communication. Any further attempts to contact me via telephone or method other than writing will be construed as a violation of the Fair Debt Collection Practices Act. XX state law requires me to notify you that all calls to my home number are logged and recorded. If I do not receive a response to this letter within 15 days I will send a full CEASE and DESIST letter which will which prevent your company from collecting this debt. Please take advantage of this offer today as it is a Win/Win situation for all parties. Notice: This agreement is restricted. This is not a renewed promise to pay but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor has any concrete written agreements been exchanged. Creditorâ??s Authorized Signature: _____________________________ Date: ____________ Name: ____________________________________ Title: _____________________________________ A couple of questions...Should I cc the orig. creditor? I bet the dentist that it trying to get there money would be none to happy that there CA is not accepting THE FULL amount.
Or contact the dentist and offer the deal to him if he pulls the collection with a letter stating that can be forwarded to the CRA.
How do you expect them to reply to you? You have a good long letter but that one sentence tells the CA to not make any contact to you.
"This agreement is binding and will be void should you not hold up to your end of the agreement." Does this mean the agreement is void if all they have to do to void it is NOT follow through? Gotta watch every word. Also YES - I'd copy the OC along with a cover sheet saying; "Hey obviously your assignee is not very interested in collecting money for you". Maybe they will apply some pressure of their own. "Please note that I will only communicate in writing with your agency and that you must CEASE AND DESIST all other forms of communication " This is fine, as the key word is "other". All OTHER forms of communication, other than that which is in writing, must NOT be made. BTW - was this C&D included in your first offer?
No C & D in the first letter. I hope that by telling them that if they do not respond I will just send them a complete C & D and they will get NO money...I am not worried about suit becuase it is only $40. Any suggestions for the sentence about the agreement?
This is my letter to the OC. RE: Assignee for collection of past due account. To Whom It May Concern: During a routine review of my credit report I came across a collection from Slime Ball Agency in the amount of $xx. After careful research I determined it was from your office. While the validity of the debt is highly suspect I offered to pay the amount to your assignee in exchange for deletion of the notation on my credit report. On August 12th I mailed a certified letter to Slime Ball Agency which was received and signed for on August 15th. To this date I have received no reply to my offer. As I feel you have employed SBA to collect your receivables I felt that you should be made that have ignored my generous offer of FULL PAYMENT. The only condition I have asked for is a removal of the negative trade line from my credit report. My second offer is going out to them today; I encourage your office to contact SBA and advise them to accept my offer. I have included all copies of my communications with SBA for your review. Thank you,
Quote: ****************************************** Please note that I will only communicate in writing with your agency and that you must CEASE AND DESIST all other forms of communication] ******************************************** 1*How do you expect them to reply to you? 2*You have a good long letter but that one sentence tells the CA to not make any contact to you. hmongster =================== 1*In writing just as quoted above. 2*Where in the quote does it say this? LB 59
