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SIF letter; Release Letter

Date: Wed, 03/15/2006 - 06:02

Submitted by anonymous
on Wed, 03/15/2006 - 06:02

Posts: 202330 Credits: [Donate]

Total Replies: 5


I was recently contacted by a CA on a debt that i already settled with National Assest Management; they are collecting on the remaining balance. NAM sent me a SIF letter with an offer that i took advantage of. The letter states that my 2 pay by phone checks will be cashed on particular dates and this would settle my account and they would report back to the creditor that it was SIF and will have a zero balance. Well, they never reported to the creditor that this took place AND this still remains on my credit bureau as an unpaid debt. They reported the payments but not as a SIF now this other agency is calling me trying to collect the remaining balance. I told them the situation and they told me to call NAM and get a release letter; i called them but they recently did a "purging" of accts and my account doesnt even come up in their system therefor per NAM i cannot get a release letter. I have the original SIF letter they sent to me along with a bank statement showing the 2 pay by phones......how do i get this other agency off my back without this release letter? The original Creditor (Capital One) wont even talk to me.....they keep transferring my call to this new CA.


Even if National Asset Management has purged their accounts, you have the letter they wrote. Send that to them (and the new agency), and if possible documentation that the two payments were made. They should clear it up immediately. If not they are in violation of the FCRA.

You may also want to contact the original creditor to seek their assistance in clearing up this matter. Since their front line customer service monkeys won't talk to you (they don't work for Capital One any way ), you will probably need to contact their corporate consumer relations people or even their legal department for assistance. Do you know the Statute of Limitation on this debt? that is very important to know If the debt is out of SOL, then I wouldn't worry to much about it any way.

Under the fdcpa You have 30 days to request validation of the debt. Do that ass soon as possible and remember to send it certified mail, return receipt requested. This will serve two purposes. First, they will have to research their records and provide validation for the debt in question. It will also buy you time to get your information and documentation together(i.e proof from the bank the check by phone payment were actually paid).

This is a very good example of why you should NEVER do Check by phone with a closed account and or a collection agency. If you had sent them the checks your self you would have access to the canceled check, which would carry the same validity as a receipt, especially when added to the Settlement letter you received.

Many banks today do not return canceled check, or charge for that service. If your bank makes images of checks available on line, I would strongly suggest you retrieve a copy of a canceled check for a pay off and keep it on file for future use. If the payment was made withe a Debit or credit card, or check by phone retain a copy of the statement in a separate file for possible future use.


lrhall41

Submitted by LCW on Wed, 03/15/2006 - 09:53

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if you can retrieve copies of the canceled checks, send copies along twith the NAM letter and that should be proof that it was paid. send it to them with a letter disputing the debt. Then see what happens. If they accept fine, if they don't and try and collect, I would consider taking them to court.


lrhall41

Submitted by jj on Wed, 03/15/2006 - 10:39

( Posts: 1057 | Credits: )


Thanks for the info, i just called my bank and they are sending me the copies of the checks. I will mail those along with the SIF letter to the new agency as well as National Asset Management (who i just called again and still cannot find my account; very strange) and will also call/send this to Cap One.


lrhall41

Submitted by on Wed, 03/15/2006 - 10:52

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