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pay for delete agreement

Date: Thu, 02/22/2007 - 14:10

Submitted by cajunbulldog
on Thu, 02/22/2007 - 14:10

Posts: 4850 Credits: [Donate]

Total Replies: 43


Quote:
In Re: Your name & Account #

Dear Collection Manager:

It has come to my attention through the credit bureaus that you claim I owe a debt to your agency. I can save us both some effort & time by "Settling the debt out".
Below is my offer. It is not a renewed promise to pay nor does it constitute any agreement unless you sign and return it. Note, I have not agreed yet that this debt is mine and have the option to seek further proof from your agency of this debt. It has also come to my attention that your agency regularly purchases debts in the course of doing business.

Suffice to say, you hold all the rights to report the debt to the credit bureaus as you see fit and you can change that listing at any time as the source reporting the debt.
I am sure you are aware of my right to dispute this debt and request full proof of the obligation. Paying this unverified debt to you means little to me if we cannot mutually agree that you will report the debt as mentioned below.

While I realize that your purpose is to collect debts as a collection agent, I am also aware of what a paid collection would represent for me, which is not favorable. That being said, I have concurred through the bureaus that you have the absolute right to report this debt as you see fit or not report it at all.

Please do not quote to me that you are unable to change the listing or I will be forced to cease and desist our communication and request full lengthy verification of the debt.
My goal is to arrange a term acceptable to both us since this debt is questionable.
I will pay your company the amount of $xx as payment in full for the full satisfaction of this account. Upon receipt of the above payment, your company has agreed to remove this account from all three of my credit bureau reports.You also agree to accept payment as being in full and to never transfer any possible balance to another entity.

If you concur with these terms please acknowledge with your signature and return it to me. You agree the terms herein are confidential and you have the authority to make such decisions. No payment will be made without written confirmation.
Upon receipt of this signed acknowledgment, I will immediately mail you funds priority mail. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void.

Name of Creditor:

Signature of company officer :

Date:

Sincerely,

Name
Address
Do not sign your name!




Enjoy and please reword to fit your unique circumstances.

Cajunbulldog


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lrhall41

Submitted by Howard on Thu, 02/22/2007 - 14:30

( Posts: 310 | Credits: )


:oops: I have updated my Pay For Delete letter to set out what I would want to accomplish with it being complete removal of account information from credit bureaus and removal of account from their system disallowing any balance to ever be sold or transferred. Please be cautious using this Pay For Delete letter as it is a contract once all parties are in agreement on terms.


lrhall41

Submitted by cajunbulldog on Fri, 11/02/2007 - 04:21

( Posts: 4850 | Credits: )


Yes Pay For Delete can.You would need to reword telling creditor to move court to vacate the judgment or affirming that they would not be opposing a motion to vacate that you would do. Once judgment is vacated,in the eyes of the legal field it never existed.


lrhall41

Submitted by cajunbulldog on Thu, 11/15/2007 - 10:39

( Posts: 4850 | Credits: )


Thanks, cajunbulldog, for the quick response. My judgement is 4 years old. Can that still be vacated? And, once vacated, can that be removed from my credit report?

Thanks again!


lrhall41

Submitted by khandipoetess on Thu, 11/15/2007 - 11:00

( Posts: 2 | Credits: )


In Feb 2004, I filed a chapter 7 and had a number of accounts discharged. This was mostly due to a business failure and debts on my wife's credit, of which I was a AU on most (thus, they are not counting on my score now). On my personal file, there are a few $500 and $700 chargeoffs which I would now be willing/able to pay (Cap One and Chase...formerly FirstUSA).

I have heard of Pay for Delete letter working for straight chargeoffs, but what about discharged accounts included in a BK?


lrhall41

Submitted by anonymous on Mon, 12/03/2007 - 11:44

( Posts: 202330 | Credits: )


I realize this an old thread, but I just wanted to correct some incorrect information in it. Actually, you can voluntarily repay debts that have been discharged in bankruptcy. The bankruptcy discharge merely eliminates your legal obligation to do so.


lrhall41

Submitted by anonymous on Sat, 08/16/2008 - 17:53

( Posts: 202330 | Credits: )


Has this letter worked for anyone? I've just paid two small accounts in full on my credit report and I wish I had seen this letter prior to doing that. I'd like to use this letter when I pay off the next account if it will actually get the account taken off my credit report.


lrhall41

Submitted by anonymous on Sun, 09/07/2008 - 11:31

( Posts: 202330 | Credits: )


I am being sued by LVNV Funding for $2,000 + interst. I'm in KY, so the SOL may or may not be passed, it's kind of up to the judge. If I can get this settled out of court and off my credit reports, it would be the best thing.

I've edited the letter from the begining of this post. Can someone with more expereince look at it and see if it would be OK to send to their lawyer?

Any and all sugggestions are welcome! Thanks!

******
I received the summons from the **** county court system last weekend and will be responding. However, I can save us both some effort & time by "Settling the debt out".

Below is my offer. It is not a renewed promise to pay nor does it constitute any agreement unless you sign and return it. Note, I have not agreed yet that this debt is mine and have the option to seek further proof from your agency of this debt. It has also come to my attention that LVNV Funding LLCP regularly purchases debts in the course of doing business.

Suffice to say, your client holds all the rights to report the debt to the credit bureaus as they see fit and they can change that listing at any time as the source reporting the debt.

I am sure you are aware of my right to dispute this debt and request full proof of the obligation. Paying this unverified debt to you means little to me if we cannot mutually agree that your client will report the debt as mentioned below.
While I realize that your purpose is to collect debts as a collection agent, I am also aware of what a paid collection would represent for me, which is not favorable. That being said, I have concurred through the bureaus that you have the absolute right to report this debt as you see fit or not report it at all.

My goal is to arrange a term acceptable to both us since this debt is questionable.

I will pay your client the amount of $1,000.00 as payment in full for the full satisfaction of this account. Upon receipt of the above payment, your company has agreed:
??? To cease pursuing collection against me through the court system
??? To remove this account from all three of my credit bureau reports
??? To accept payment as being in full and to never transfer any possible balance to another entity
If you concur with these terms please acknowledge with your signature and return the original document to me. You agree the terms herein are confidential and you have the authority to make such decisions. No payment will be made without written, signed confirmation.
Upon receipt of this signed acknowledgment, I will mail you funds priority mail. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void.

*******


lrhall41

Submitted by anonymous on Sat, 02/07/2009 - 16:18

( Posts: 202330 | Credits: )


Yes. I have actually had two items completely removed from my credit. A couple of things to note. One of the companies tried giving me a letter confirmation... and it stated paid in full. This is different than pay for delete. If I would have paid them, they would have just reported that the debt was paid in full... but the line item would still have showed on my credit. I went back to them and said that I wanted a letter saying they would remove the entire line item from my credit before I would pay. They faxed me a new letter that same day.

Another thing to note... this usually will work when you are dealing with collection agencies. Larger companies such as credit card companies and banks typically will not agree to a pay for delete.


lrhall41

Submitted by anonymous on Thu, 04/30/2009 - 08:37

( Posts: 202330 | Credits: )


How do I go about writing a letter for delete when the account has been paid off, but is still on report


lrhall41

Submitted by anonymous on Sun, 06/07/2009 - 21:50

( Posts: 202330 | Credits: )


Tips for Sending Your Pay for Delete Letter



  • Send the letter only if you have the ability to pay the full amount listed as soon as the collection agent agrees to your offer.
  • Send the letter and your followup payment via certified mail with return receipt requested.
  • Make sure you keep a copy of the letter for yourself.


lrhall41

Submitted by louissusman on Sat, 09/12/2009 - 11:44

( Posts: 17 | Credits: )


Any thoughts on sending a brief settlement offer letter w/actual agreement prepared by me that the creditor can sign? Am I risking anything? I'm no attorney - CA's get in trouble all the time when their settlement agreements violate FDCPA laws. Also, what if they sign such an agreement, but fail to remove the debt from your credit report?

My simple letter would be this:

Dear Collection Manager:

My credit report shows that you claim I owe the above debt to your agency. To save time and effort I will send $XX as payment in full if you agree to instruct all 3 credit bureaus to remove all information on this account from my credit report per the attached agreement. If you agree to the terms please sign the attached agreement and return to me by XX-XX-XX. Upon receipt of this signed agreement I will send said payment and your agency will remove the debt from my credit report.

My attached agreement would be this:


SETTLEMENT AGREEMENT TO DELETE A DEBT REPORTED TO THE CREDIT BUREAUS


(Date)
(Creditor name & address)
(My name & Address)
(Alleged debt information that appears on your Credit Report)


(Creditor) agrees that the above alleged debt will be considered paid in full upon receipt of ($xx) from (my name). Upon receipt of said payment, (Creditor) agrees to instruct all 3 Credit Bureaus (Transunion, Experian, and Equifax), within 10 calendar days, to remove said debt, in it???s entirety, from (my name) credit report.

The following is understood by both parties:

(Creditor) is an agency that regularly purchases debts in the course of doing business.
(Creditor) has the right to report debts to the credit bureaus as they see fit. This right includes changing or deleting a listing they have reported as part of a settlement agreement such as this.
(Creditor) agrees to not discuss this offer with any third party (except the original creditor).
This settlement agreement is not an acknowledgement that (my name) owns this debt.
This is not a renewed promise by (my name) to pay this debt nor does it constitute any agreement unless this document is signed by a (creditor name) authorized agent and returned to (my name) by (date).
This agreement is subject to the laws of (my state).
As per the Fair Debt Collection Practices Act, (my name) has the right to dispute this alleged debt and seek full debt validation from your agency if no agreement is made.





______________________________________
Printed name of (creditor) authorized agent

______________________________________ ____________________________
Signature of (creditor) authorized agent Date


lrhall41

Submitted by anonymous on Sun, 11/01/2009 - 08:12

( Posts: 202330 | Credits: )


This could work if you have one thing that you want removed... although if your credit history is flocked full of missed payments and inquiries you may want to look into having a company get these removed for you. THen you do no have to worry about writing every letter correctly! Check out www.gkicredit.com for some free advice on you specific issue!


lrhall41

Submitted by anonymous on Wed, 04/07/2010 - 19:57

( Posts: 202330 | Credits: )


This is a very informative thread. One that I wish I would have known about several years ago when I was shopping around for a to help me with some financial trouble I was going through. I ended up filing for bankruptcy in the end because of the fees associated with the program I checked into.
(Link Removed by Shazzers as solicitations are against TOS rules)

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lrhall41

Submitted by jeremy schrock on Mon, 06/21/2010 - 20:13

( Posts: 2 | Credits: )


I was thinking about sending a check to a creditor with a terms, conditons and agreement printed on the back of the check.Drawn up by a para legal. Which will state if you accept this check you agree to delete my account.something to that effect. Do yo think that will work? Any help you can provide me with would be greatly appreciated.


lrhall41

Submitted by anonymous on Tue, 06/29/2010 - 07:48

( Posts: 202330 | Credits: )


I added "The letter will be subject to the laws of California and treated as a legally binding contract."

Just in case the debt collector is out of State (his office may be in your state, but that doesn't mean he is actually domiciled in your state, or he will sign the agreement in your state- just another loophole to make it difficult for you to enforce) and does not perform, you don't want to find yourself having to try and enforce the agreement in another State...make sure that your agreement will be bound by the State in which YOU live.


lrhall41

Submitted by anonymous on Thu, 07/15/2010 - 13:25

( Posts: 202330 | Credits: )


I just thought of another question on this.

If creditor is collection agency, potentially they are a junk debt buyer. When sending a pay for delete letter to collection agencies do you want to challenge them on what is owed, or should you just offer to pay in full to get it off your credit report.

Any input? Thanks.


lrhall41

Submitted by anonymous on Sat, 08/21/2010 - 08:36

( Posts: 202330 | Credits: )