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Settling with CA's - Need Advise ASAP

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PostPosted: Thu Jul 17, 2008 12:02 pm Subject:

What now...when was the last time you made a payment on the account before Chase wrote it off?
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PostPosted: Thu Jul 17, 2008 12:04 pm Subject:

Yes, well within the SOL. last payment was November of 2007.
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PostPosted: Thu Jul 17, 2008 12:06 pm Subject:

So, now what do I tell NES? I think I"m going to tell them I'm not comfortable with the verbiage in the offer and am going to consult someone who is an expert. Any other ideas? I mean I do really want to get this settled, but don't want to get screwed in the process.
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PostPosted: Thu Jul 17, 2008 12:10 pm Subject:

IMO, I think that is a fair statement to make to NES. Then, I would IMMEDIATELY send out a DV request to them. That will buy you some time to make a plan of action.
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PostPosted: Fri Jul 18, 2008 6:33 am Subject:

Now What - how'd it go when you talked to NES about you having someone review the settlement agreement?
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PostPosted: Fri Jul 18, 2008 6:41 am Subject:

Quote:
Well, if promise to pay was verbal, wouldn't that be difficult for them to prove and hold you to?
Most collection agencies record conversations and can prove you made that promise .
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PostPosted: Fri Jul 18, 2008 7:15 am Subject:

That is why you tell them on phone or in writing that I am not acknowledging debt.I am simply settling for the terms to put it behind you.
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PostPosted: Fri Jul 18, 2008 7:28 am Subject:

I haven't told them that yet. I did call Chase this morning to see if they sold the debt to NES or they were just collecting, and they said they still owned it. So I've decided not to deal with NES, what do I do to get the debt back to Chase and settle directly with them?
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PostPosted: Fri Jul 18, 2008 9:59 am Subject:

Have you received any written information from anyone other than Chase? If you have, send them a Debt Verification letter. If you haven't, then you'll have to try and deal with Chase directly.
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PostPosted: Fri Jul 18, 2008 10:49 am Subject:

Not sure if I received information or not. If I send them a DV letter, that won't send it back to Chase, will it? Will a C&D letter do that?
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PostPosted: Fri Jul 18, 2008 11:14 am Subject:

A C&D might send it back to Chase or NES could send you a summons. I'd say summons based on the amount and well w/in SOL. DV first regardless.
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All CA's are required to post a bond with the SOS
http://direct.sos.state.tx.us/debtcollectors/DCSearch.asp

When requesting Validation, reference the FDCPA as well as Chpter 392 of the TFC:
http://tlo2.tlc.state.tx.us/statutes/docs/FI/content/htm/fi.005.00.000 392.00.htm
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PostPosted: Fri Jul 18, 2008 11:33 am Subject:

I'd call Chase back and ask them that since they still own it can you settle directly with them. If Chase says yes, then settle with them and then send a C&D to NES with proof of payment.

If Chase says you have to deal with NES, then do the DV (which will buy you 30 days) and then if they don't validate, contact Chase again and try to settle with them on the grounds that NES didn't validate.

If it is with NES, you can also ask Chase to recall it from NES and deal with Chase directly. (50/50 chance on this one.)

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PostPosted: Fri Jul 18, 2008 11:56 am Subject:

What about sending Chase a letter stating that I want to settle the debt directly with them, I mean they still own it. Can't they recall it? NES has violated laws already by calling me at work when I have told them not to as well as threatening to sue.
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PostPosted: Fri Jul 18, 2008 12:06 pm Subject:

You could do that, but I would start with a telephone call to Chase first. That way I know what they are thinking and what they are offering. Then you could start the negotiations via mail.

Just ask Chase if they will recall it from NES.

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