Debtconsolidationcare.com - the USA consumer forum

Good to accept their offer?

Date: Wed, 12/06/2006 - 10:42

Submitted by outlaw8117
on Wed, 12/06/2006 - 10:42

Posts: 164 Credits: [Donate]

Total Replies: 16


I just got a letter from a CA on an old dept store account. I know the debt is valid and I owe even though I haven't asked for debt validation. But the letter was offering to settle for half the balance which is about $175 and doable for me. Is it good to accept such offers and settle the accounts? What should I ask for? Can I ask for it to be removed from my credit reports and all of that?


Yes, you should not miss such offers made by collection agencies. They usually don't make these offers at the first attempt. If this is happening, go ahead.

Before you pay, make sure that you are confirmed about this CA having your debt account. You must get everything in writing about the account and they will be updating your payments with the creditors. If they are able to remove the collections from your credit report, get it in writing first. Some say in the beginning but later, it never happens.


lrhall41

Submitted by keystrokes on Wed, 12/06/2006 - 11:07

( Posts: 495 | Credits: )


Don't forget to get the paid in full letter from the collection agency. There is always a fear of selling the adjusted balance to another collection agency some other time. If you fail to show the proof that the account is already paid, the other collection agency will hound you for the payments and they can even hit in your credit report. You will be in a puzzle until you get the papers from the previous company with whom the debt was cleared.


lrhall41

Submitted by BKP on Wed, 12/06/2006 - 11:11

( Posts: 239 | Credits: )


Here is how I did my offers:



Quote:

Name
Address
Fax number

Date


To: Debtor Name

Re: My Name
Debt

Payment of outstanding debt:

I, my name would pay $250, as settlement in full of my account. This settlement would be paid no later than November 15, 2006. Upon receipt of this payment the debt will be paid in full and the debt reported to the credit reporting agencies as "paid as agreed".

Upon receipt of written acceptance of this offer, payments will be remitted accordingly.

Please sign and date below indicating acceptance of this offer. Thank you for your assistance in reconciling this matter.

My Name

The undersigned agrees and accepts the above offer:


________________________________________ __________________________
Signature Date


~ If these terms are not agreeable, please provide validation of the debt, including all calculation of the total amount owed, collection license applicable to the State of ?????, proof of agreement from the original creditor of purchase of the account or agreement to collect the debt for the original creditor, and the complete payment history showing the details of the creditor, payment history, and amount of the debt, break up of fees/interest. Once again, thank you for your assistance in reconciling this matter in a timely manner.

My Name


lrhall41

Submitted by Kathryn on Wed, 12/06/2006 - 11:26

( Posts: 96 | Credits: )


Get it in writing!! They will promise the moon over the phone. Best Wishes KYSIDE38


lrhall41

Submitted by KYSIDE38 on Wed, 12/06/2006 - 11:26

( Posts: 2477 | Credits: )


A pay to remove is different than a paid in full. Paid to remove, only collection agencies who own the debt will do this.

A paid in full, don't mistake Paid Collection for PAID in FULL. There is a difference. You will sometimes only get the option to do this depending the creditor still has the account and has not charged it off.

If it's charged off the best you can hope for is PAID COLLECTION or PAID with the collection agency's name residing over the account.


lrhall41

Submitted by FYI on Wed, 12/06/2006 - 18:26

( Posts: 1950 | Credits: )


I believe so. I didn't have the letter yesterday when I was posting but I do today and here is what it says. This is my wife's Limited Express account and it looks like it was sold to World Financial Network National Bank. The balance is $358 and they are offering to settle for $179 if paid within 45 days. The terms in the letter then state "... Upoon receipt of the settlement amount, the remaining balance will be credited and your account will be reported to the credit bureau as a paid charge off".
I went looking through some old files and this account at one time well over a year ago (Aug 2005) belonged to Alliance One. So it appears to have changed hands. Is the wording that World Financial stated as being a paid charge off sufficient so that it won't come back and haunt me later in life? Does it sound like a good deal?
Thank you all so much by they way.


lrhall41

Submitted by outlaw8117 on Fri, 12/08/2006 - 08:32

( Posts: 164 | Credits: )


Ok, In my letter that I will send back to them prior to making a payment I am asking for a "paid as agreed" since the debt will be paid in full as opposed to "paid charge off". I've asked that they sign my agreement and send it back to me at which time I will promptly send them a cashiers check for the amount.


lrhall41

Submitted by outlaw8117 on Fri, 12/08/2006 - 13:06

( Posts: 164 | Credits: )


Assuming you're going to work with a collection agency (which is risky, since there are a lot of them out there who will behave unethically), this is all very good advice. One other point I'd make, though, that hasn't been brought up yet: in the eyes of the law, if (for example) you have a $10,000 debt, and get a "paid in full" after settling for $6,000, the government regards the other $4,000 as taxable income, and sometimes a CA or a creditor will report it as such on a 1099. This can lead to some unpleasant surprises when it's time to file. It can lead to even bigger unpleasant surprises if you happen to get audited for that year and you didn't report that $4,000 as taxable income for whatever reason.


lrhall41

Submitted by Debt Padawan on Sun, 12/10/2006 - 07:40

( Posts: 89 | Credits: )


collection agencies will only send out computer generated letters for legal issues for legal purposes. They only send out non-computer generated letters when it is a legal issue and their attorneys have looked at it and approved it.

You should try wording your letter somehting like, upon cashing this check you are agreeing to close my account as paid as agreed.

Depending on your state that would be considered a legal contract.


lrhall41

Submitted by FYI on Sun, 12/10/2006 - 08:08

( Posts: 1950 | Credits: )