received settlement offer today

Discussion in 'Credit Talk' started by mark, Oct 4, 2002.

  1. mark

    mark Well-Known Member

    received a settlement offer today from a CA.
    they put in it something like:
    'we agree to delete this account when payment is made as we believe we may have reported this account in error'

    is this good enough?
    also, the place is listed as 2 different companies on my credit reports, they changed names at some point.
    1 report has their old name and old account number, the other 2 has their new name and the new account number (again, same account). the letterhead of the settlement letter has their new name only, and the new account number.
    im concerned the wont do anything about the older account number :/
    i doubt they are going to rewrite the offer letter..took a helluva lot of bitching to get this one.
     
  2. LKH

    LKH Well-Known Member

    I would send them an email telling them their generic letter does not cut it. You want the 3 accts spelled out by acct. # that will be deleted.

    In their letter they say it "may have been reported in error". What does that mean? You can take that as there is no acct and they are illegally demanding payment. Just a thought.
     
  3. tac14033

    tac14033 Well-Known Member

    If they are reporting it in error then they are also collecting it in error.

    You couldn't have asked for a better letter sealing their fate!!


    Demand deletion or tell them you will show up in court to sue them with their letter.

    Under no circumstances should you even consider paying these idiots!!

    Tac
     
  4. SLOYAROLE

    SLOYAROLE Well-Known Member

    MAYBE THEY MEANT...WE AGREE TO DELETE THIS ACCOUNT IF YOU FILE SUIT AGAINST US. GO GET 'EM MARK.
     
  5. Velouria

    Velouria Well-Known Member

    You've got to be joking! They are demanding payment for an account that MAY be an error? Don't send them a dime.
     
  6. mark

    mark Well-Known Member

    I really would not feel right not paying them. (ya I know, im dumb)

    I requested a settlement for deletion offer from them.

    they are the only place that has complied with my settlement requests. And they were not raving maniacs when speaking to them. (the raving maniac thing is a plus)

    Im planning on paying them, but I will attempt to get the agreement to show both names/accounts that they list it under.

    If collection places just play it cool and don't BS me, Im willing to work with them. I think it is well worth the cash Im going to put out for the thing to be off of my credit reports permanently.

    IF they try to shaft me after payment, then I will certainly have the letter to use against them.
     
  7. Butch

    Butch Well-Known Member

    LOL

    Good catch Guys.

    I think they meant they will delete under the aupsices that they sent it in error. Could be construed both ways huh?

    We'd be able to give you better feedback if we had the verbiage exactly Mark. Afterall you did say "something like".

    If it's not good enough you'd probably get better results if you typed the letter out yourself and sent it for their signature. That takes all the work out of it for them. All they have to do is sign.

    Let us know exactly what it says.

    :)
     
  8. mark

    mark Well-Known Member

    they refused to sign my letter btw, instead wishing to send their own. this came via fax.

    lists the account number and such up top, along with the CA name and address.

    we have reviewed your file and agree to accept <amount> as settlement in full for your portion of the above-mentioned account. payment must be recieved no later than <date>. please contact our office if you have any questions regarding your file. this agreement is pursuant to the funds clearing your account. we agree to delete this debt from your permanent credit record as we feel it may have been listed in error.

    has a signature from an account rep, name not printed though.
    it has the mini-miranda crud at the bottom

    it looks like a form letter, because my name, the account number, amounts and dates are hand written into it by the person who signed it.
     
  9. SLOYAROLE

    SLOYAROLE Well-Known Member

     
  10. SLOYAROLE

    SLOYAROLE Well-Known Member

    YOU ARE LETTING THEM OFF THE HOOK...THEY SHOULD BE PAYING YOU FOR THAT ERROR.
     
  11. mark

    mark Well-Known Member

    they validated properly..they sent everything I ever signed on this account. along with the original signed agreement.
    they even updated my CR's correctly to show the account as being disputed by me.
     
  12. SLOYAROLE

    SLOYAROLE Well-Known Member

    IN THE AGREEMENT...HAVE THEM LIST, SPECIFICALLY, THE ERROR.
     
  13. mark

    mark Well-Known Member

    there is no error.
    they are going to claim it was listed on my report in error once i pay, in order to get it removed.
     
  14. SLOYAROLE

    SLOYAROLE Well-Known Member

    MAKE SURE YOU GET A COPY OF THE UDF AS WELL. LEAVE NO LOOPHOLES FOR THEM TO LEAVE IT ON.
     
  15. Jeff

    Jeff Guest

    Mark,

    If the CA does not honor their agreement, the CRA will never delete the account with that letter. The letter admits that the account was settled by payment. This letter is not good enough IMO. You are betting that the CA will honor their word. Maybe they will, maybe they won't. I have had to enforce a deletion letter. It was fortunate for me it was done properly. I would recommend you take the time to get a solid written agreement before payment.
     
  16. SLOYAROLE

    SLOYAROLE Well-Known Member

    OH...MY BAD...GET THAT UDF FORM!!!!
     
  17. mark

    mark Well-Known Member

    Jeff, can I not use the letter though as leverage against the CA if they do not honor as deceptive collection practices or anything such as that?
    What would you recommend be changed on this letter? Assuming they'd change it?

    because at a glance, it looks like extortion, 'we "may" have listed this in error, but we will delete it only if you pay up'

    I will try to get the UDF..but hell, even the place I had to threaten to sue wouldnt send me the UDF. They sent a letter though and luckily that was enough.
     
  18. sassyinaz

    sassyinaz Well-Known Member

    Mark,

    Have them add a clause, or you add a clause, that they agree not to sell or transfer or assign the remaining balances as well.

    BTW, It does read like they are saying they have reported in error and that is why they are willing to settle.

    Sassy
     
  19. Jeff

    Jeff Guest

    Reported in error is standard verbiage in deletion letters. The CRA will require the CA to state a reason for deletion on the UDF. Settlement for payment will not work with the CRA.

    I think you need information removed from their letter to you rather than information added.

    If the CA does not honor their word and you are left with the letter you have, I think you will have trouble. I don't know how much trouble you would have legally enforcing it but I don't believe the CA would be required to honor it if they didn't want to. This is just my opinion though.
     
  20. Jeff

    Jeff Guest

    I agree with that Sassy.
     

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