Here's a copy of the letter I faxed to this attorney on the 8th. I also faxed a copy of the claim I planned on filing. **I pulled this letter off this board. I am not taking any credit for it** August 8,2002 Re: Correspondence dated July 2, 2002 and account #3114 NOTICE OF INTENT TO SUE , I am in receipt of your correspondence dated July 2, 2002. Although representation was made to me by â??Tanyaâ? to have the entire referenced account deleted from my credit file, you are correct, other than my knowledge, I do not have any physical proof or evidence that this agreement took place. However I do have physical evidence of your violations of the FDCPA and I do have physical evidence of your clientâ??s violations of the FCRA. For specific violations I have faxed a draft of the claim that will be filed on Wednesday, August 14, 2002. This is an offer of an out of court settlement prior to the lawsuit being filed. You have the option to either delete the referenced account or list it only as â??PAIDâ? (removal of the term â??REPOSSESSIONâ?), and forward me a check or money order in the amount of $3000. If you do not agree to this settlement, then my lawsuit will be filed, August 14, 2002 in The Middle District of Georgia, Columbus District Court. I will be seeking damages in excess of $15,000. If you wish to notify me that you are agreeing to the aforementioned settlement or have a different settlement offer and closing this matter, you must notify me by fax or phone prior the close of business on Tuesday, August 13, 2002. I can be reached at Home: Work: Cell: Fax: Sincerely, mrscole This is the fax he sent me today; As requested in your correspondence of Aug 8 2002, I am communicating with you in an attempt to resolve your matter with this firm and our client. This letter constitutes an offer of compromise and shall not be admissible in any court proceeding, Rule 708 of the Federal Rules of Evidence; Official Code of Georgia Annotated Section 24-3-37. Our client is willing to complete any and all paperwork and remit it to the appropiate agency(ies) to delete your account with it as the full and final compromise and resolution of this matter. If you agree with this offer of compromise, please sign and date in the spaces provided on the second page of this letter whereupon our client will complete the necessary paperwork and remit it to the appropriate agencies within five (5) business days of the date of our receipt of your acceptance of this offer. Further, by signing below, you release, waive and covenant not to sue this firm or our client for any potential violation of the Fair Credit Reporting Act, the Credit Repair Organization Act or any other statutory, equitable or common law claim you may have for our client acting as you authorize to delete your account with it. We look forward to receiving your acceptance of this offer of compromise. In the event you have any questions concerning this correspondence, please do not hesitate to contact me. I'm was so close to signing and faxing it back but I thought It would help to get some advice from you all first.
Advice? what is the question? You are getting what you want and you didn't need to file suit to get it. Take it and run. Congrats.
Thanks. Please forgive me for making a mistake and not specifically stating a specific question. All I wanted was for the members to read the letter and see if I should get any further clarification or anything else in writing before I sign and loose all the claims I have against these people.
If you fax it back, keep the original as and for proof, if needed. If you signe this and they delete it, then fine. If they don't delete it, you will have the agreement from them that you agree not to sue IF they delete as agreed, and can proceed if necessary. I don't think you'll have a problem.
Can I still use it if it includes the Federal Rule about it not being admissible in any court proceeding?
Re: Thanks CNET Getting my repo del Way to go, mrscole! That looks great. My only suggestion would be for you to get them to resend their proposal with the critical offer clarified. Here's what they sent to you: Our client is willing to complete any and all paperwork and remit it to the appropiate agency(ies) to delete your account with it as the full and final compromise and resolution of this matter. That really doesn't explicitly say which agency(ies) or what kind they're referencing. I realize we can presume from the context that they mean the credit reporting agencies, but unfortunately it's dangerous to make such presumptions where legal documents are concerned. I would request that they resend their proposal to you but instead use this language: Our client is willing to complete any and all paperwork and remit it to the three major credit reporting agencies -- Equifax, Experian, and Trans Union -- in order to delete its tradeline as the full and final compromise and resolution of this matter. Once THEY have put that in writing, then you should sign the agreement, imho. Doc P.S. I don't think LKH meant any harm or injury with his "Advice?" statement. The way I read it was that he was really happy about your success and thought it was a slam-dunk. I agree that it's good to ask others to read over agreements before signing just in case you've missed something.
Re: Thanks CNET Getting my repo del You are correct about her getting them to resend the offer. And, of cours, you are exactly right about my Advice? I was in effect saying, they are offering to delete it. What is the question. And yes, I am always happy to see success.
Re: Thanks CNET Getting my repo del Thank you so much! I'm sending a fax with those requests first thing in the morning.
