If unable to settle did I make it worse?
Date: Fri, 01/23/2009 - 17:29
But Nelson & Watson were sort of jerks transferring me to a couple people, giving me the guilt trip, talking about FIA is waiting for them to make a recommendation to sue me or not, going through specific lines on my credit report, etc. Offered like $9,000 something to settle. Well I just don't have that.
So I'm wondering did I make things worse by calling and offering $4,000 but then not being able to reach a settlement? In other worse would This is my last "big" account left and it will be awhile before I can offer another settlement. I have two $3,000 accounts and one $4,000 left and I started with $69,000 so I'm making progress.
Just wondering if it would have been better to just not call them or if it doesn't really matter, if they decide to sue they would have done that anyway even if I didn't call.
Did you ever receive anything in writing from them? If not send
Did you ever receive anything in writing from them? If not send them a debt validation letter immediately. Use this and format it to your needs Do not sign your name, print it when you type it up on the computer. Send the letter certified mail return receipt requested.
Your Name
Your Address
CITY/Town, STATE ZIPCODE
Date: March 9, 2005
Collection Agency Name
Address
CITY/Town, STATE ZIPCODE
Re: Acct Ref. # XXXXX and XXXXX
To Whom It May Concern:
This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent
I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character
If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
It would be advisable that you assure that your records are in order before I am forced to take legal action.
Best Regards,
have you tried to settle on the 3 smaller (2 $3,000 cards, 1 $4,
have you tried to settle on the 3 smaller (2 $3,000 cards, 1 $4,000 card) cards? I had read on here that it is best to start with the small balance debts first.
i also would settle the smaller accounts first. as obove be sur
i also would settle the smaller accounts first. as obove be sure to send for more information, and no you did not hurt yourself by the offer. If they counter offer you just keep counter offering till you reach an agreement. be sure to tell them that scince they rejected your offer, it may not be there later considering that you have 2 other accounts, you may also have to have them consider a payment plan if you do not have the funds that you agree apon