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Can anyone help me out with this please

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PostPosted: Tue Jan 15, 2008 12:35 pm Subject: Can anyone help me out with this please

I just got a letter from 1st Revenue Assurance about a wireless account i had 4-5 years ago. I called for info on the account: dates of the account, if any proof he could fax or mail over. He said all they have is the charge-off date, account # and the amount of the account thats all the company sends them. There was nothing else he could tell me. So i asked him, if i have to pay can we settle for half and that i dont want it on my credit report. And he says "since your agreeing the debt is yours, all we can do is take 15% off".

I didnt agree to anything, all i did was call in for info and this guy tells me he can only take off 15% but cant even prove to me without a doubt that the amount is exactly what i owe or when the account was closed or charged off. On top of that he does not want to settle for the amount i requested or even remove it from my credit. What else should i do? I already sent a DV letter, but since i contacted him, i dont know what good it will do now.

-Please help-
in Florida

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PostPosted: Tue Jan 15, 2008 7:07 pm Subject:

I'd send another DV letter, certified mail return receipt requested, I don't think the verbal conversation is going to hurt you but stay off the phone from now on. Is this past the SOL for a lawsuit in your state? It's their responsibility to know what proper validation is so I would not ask for specifics in the DV letter, i'd wait until they send your typical BS validation.
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PostPosted: Tue Jan 15, 2008 7:43 pm Subject:

Statute of limitations in Florida is either 4 or 5 years from the date of last activity on the account, depending on whether this is considered a 'written contract' or an 'open account'. Frogpatch could probably tell you which it would be.

My info comes from here: cardreport.com/laws/statute-of-limitations.html

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PostPosted: Tue Jan 15, 2008 8:40 pm Subject:

I believe this would be considered a open account.
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PostPosted: Wed Jan 16, 2008 7:11 am Subject:

I think wireless falls under UCC goods & services,but don't quote me on it.
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PostPosted: Wed Jan 16, 2008 3:02 pm Subject:

thanks yall, i researched the supposed account, and that guy must have been pullin numbers out his butt. Now im patiently waitin to see what their reply is to my DV letter.
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PostPosted: Wed Jan 16, 2008 3:08 pm Subject: one more question

If i do receive a reply from my DV letter and decide to settle with this collection company. Wouldnt a verbal and written agreement to keep it of my credit help my credit & score?

According to that guy, he said once its on there you cant remove it for 7 years, all it will show is a charge-off that its paid. But as ive been reading around, some of your sample letters say you can get it removed from your credit. I dont know maybe im confusing it Crying or Very sad

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PostPosted: Wed Jan 16, 2008 3:59 pm Subject:

I believe that they have the ability to request deletion of posted trade lines.
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PostPosted: Wed Jan 16, 2008 5:12 pm Subject:

If it's their tradeline, then they should ba able to remove it. I probably don't need to tell you this, but get everything in writing before you send them any $$$.
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No validation? No payment. No way! No kidding!!

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PostPosted: Wed Jan 16, 2008 7:24 pm Subject:

Asking for a settlement on an account is just like saying yes this is mine let me take care of it.

If you are going to settle and want it removed you need to do that by letter. You need to state in the letter that by cashing this payment you agree that this account is settled in full and also agree to remove any negative marks from all credit reporting agencies.

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PostPosted: Wed Jan 16, 2008 8:21 pm Subject:

FYI is right, checks are legally binding agreements. You insert a stipulation and it is binding. Just like promo checks you receive. For instance it would say this check is only good for products purchased from company X.
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PostPosted: Thu Jan 17, 2008 7:27 am Subject:

Settlement agreements worded properly do not admit liability for the debt.The key in this will be the proper wording.
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http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
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PostPosted: Thu Jan 17, 2008 11:40 am Subject:

How much is the debt? If it is under $1,000, it is unlikely they will sue you. It also sounds like it is past the statute of limitations.

They have not provided you with any information about the debt, so I doubt they have any proof if they did sue you.

I would send them a cease and desist contact letter and forget about it.

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PostPosted: Thu Jan 17, 2008 7:40 pm Subject:

If all they have is the information he told you, then they can't prove the validity of the debt.
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