Settlement

Discussion in 'Credit Talk' started by bwwalk, May 23, 2002.

  1. bwwalk

    bwwalk Member

    I have an Universal Card account that has went to a collection company from which I recieved a letter. I called them to try to negotiate a deletion for payment. They said they are not the ones reporting. In fact Universal is the one reporting but when I called the she was rude and said I had to deal with the collection company. I have read about validation, negotiation, etc.... can someone PLEASE help me with what steps I should take to try to resolve this, I want to pay this and get it off my record..

    ANY IDEAS in Steps to Take?

    Thanks
    Bwwalk
     
  2. Butch

    Butch Well-Known Member

    Dear BW,

    When you pull a report it will tell you who did the reporting. But it sounds like it was the OC in this case. The important thing to remember is whoever did the reporting is who you want to vailidate with. If you decide to go that route.

    OR you may just try and settle. The very first thing you must learn is never talk to them on the phone. Start a paper trail and keep it up. The phone ruins that for you.

    Secondly, if you just want to pay the account in exchange for deletion send them an offer and get their signature first, (BEFORE you send money).

    If it were me, I'd run them through the full validation ringer first, but that depends upon wheather or not your in a hurry.

    How old is this debt? sounds new?

    Advise,
     
  3. bwwalk

    bwwalk Member

    Butch,

    The debt just got turned over to collection about 2 months ago. Universal is the one reporting the account. But they told me I had to deal with the collection company. The amount is $1800 and the collection company offered to settle for $1350.00.

    I am going to start dealing in writing...

    I would like to run them through validation, would I do that to Universal or the collection company?

    If I do the settlement for deletion , could you point me in a direction for a sample letter and would I send this to Universal or collection agency?

    What is your thoughts?

    Thanks
    Brian
     
  4. lbrown59

    lbrown59 Well-Known Member

    I would like to run them through validation, would I do that to Universal or the collection company?
    =====================
    Send The Ca the Validation Letter.
     
  5. bwwalk

    bwwalk Member

    Is there a sample validation letter

    Thanks
    Brian
     
  6. Butch

    Butch Well-Known Member

    Sure, just click on discussions at the top and it'll take you to the main panel. scroll down to sample letters.

    Don't forget to tweak it and send crrr.

    :)
     
  7. lbrown59

    lbrown59 Well-Known Member

    Is there a sample validation letter
    Thanks
    Brian
    ===================

    «Your Name»
    «Address
    «City», «State» «Zip»

    «Company»
    «Address
    «City», «State» «Zip»

    «Date»

    RE: Account #__________________/Original Creditorâ??s Name

    Dear Sir/Madame:

    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

    Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

    You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

    Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

    Sincerely,
    «Your Name»


    - - - Include the following on a separate sheet of paper - - -


    CREDITOR DISCLOSURE STATEMENT



    Name and Address of Collector (assignee): _________________________

    Name and Address of Debtor: ____________________________________

    Account Number(s): ____________________________________________

    What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

    Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

    Has the purported balanced of this account been used in any tax deduction claim? YES/NO

    Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


    Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

    ________________________________________
    Authorized signature for Collector

    _________/_______/_______
    Date

    Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

    Do Not Sign This Letter !
     
  8. bwwalk

    bwwalk Member

    Thanks, I will send this off to the Collection company..When this comes back what would my next step be if it is validated?

    Brian
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re: Settlement bwwalk |

    .When this comes back what would my next step be if it is validated? Brian
    ===========================
    If they don't validate send the estoppel letter 30 days after they signed the green card.
    They most likely will not properly validate.







     

Share This Page