Settling Debt
Date: Wed, 08/02/2006 - 10:41
First: The money is owed, should I still validate?
Second: I intend to negotiate a settlement in writing what do I need to know about making sure the agreement is valid and they can't get out of it
Third: I read the article on how to mail things out and it is beyond confusing...any help on what I need to do to make sure it is confirmed?
Thank you so much for any help.
reply to peterk
hi, you should still do a debt validation to make sure that you are paying the amount you owe and not interest that are rediculiously high $. They tend to add things in without you knowing. Send them a certified mail letter. At least you have written proof of everything you do and do NOT give them your checking account number over the phone (copy and paste)
Your name
Address
City, State Zipcode
Company name
Address or PO box
City, State zipcode
Date:
Re: Acct #
To Whom It May Concern:
This letter is being sent to you in response to a notice given to me regarding my 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.
Please provide me with the following:
What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account
Show me that you are licensed to collect in my state
Provide me with your license numbers and Registered Agent
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:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
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 to investigate 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.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Peterk Is your account with the original creditor or with the
Peterk
Is your account with the original creditor or with the collection agency? If it is with the original creditor, you can request for the latest statement of your account. If it is with the CA, you can send the debt validation letter given above. In many cases, the CAs get inaccurate files of the consumers with high interest charges added to the principal amount. This validation request will ensure that are paying towards your legitimate account owned by the CA. You should do the proposal in writing so that you have everything in place in case there is a dispute later.
The amount they are charging me is the exact same as the one rec
The amount they are charging me is the exact same as the one received from the original creditor. The interest rate is scandalous at 29%, but I think that is just Dell.
It looks like a great letter, I guess I'm just a little worried because technically they don't have to settle and all those threats may be responded to with hostility.
Thanks again for all the help, I guess I really just some peace of mind through this process
SETTLING...
Yes everything above is true but also if u do go with settling, they will pull you cbr to see if you can pay, so be aware of your decisions before u do settle.