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Wells Fargo

Date: Tue, 03/21/2006 - 16:07

Submitted by imkimssister
on Tue, 03/21/2006 - 16:07

Posts: 1301 Credits: [Donate]

Total Replies: 10


I told you guys about Wells Fargo, how they ignored my letters for almost a year now. So I started sending them more heavily. Finally got someone to talk to me, telling me that there was a cease and desist on this account because I asked them for written correspondence only---no phone calls please. so they gave me the number to this guy that is in collections, I wrote him a letter instead, short and to the point but explaining the past year with trying to correspond with them. On a separate peice of paper, I made an offer to pay such and such every month before the 30th of the month. (I didn't send money because I learned the HARD way on that). I said it was just an offer, a negotiation and this wasn't acceptable to let me know and maybe we could come up with something more suitable for the both of us. I sent the letter certified return and got the green card at the beginning of last week (took two weeks to get it back). The question is, I haven't heard anything back from him. should I wait until I hear something, or do I just start sending the money? maybe he's expecting me to have this payment in by the 30th of THIS month...even though thats not what I said. I said the 30th of the month but was expecting to hear back if this amount was acceptable or not. should I send it in and see if it gets cashed, or do I wait to hear back from him?


Shirley,gues you could say:in reference to my previous lettet(send copy to them), I have had no response adn will assume that my offer to pay XX dollars to you has been acceptable. I am sending you this check as my first payment for XX dollars and subsequent payments will follow each month for this amount. Don't know if this will help,just a suggestion. Karen


lrhall41

Submitted by Bossy4455 on Tue, 03/21/2006 - 16:30

( Posts: 5854 | Credits: )


thanks Jessi and Bossy!!! I think I will do that and if he didn't like my offer or plan to accept it, he can send the check back to me uncashed. I will send it with the letter attached and certified return receipt. sometimes, I need someone on the outside who's looking in to give me opinions about what I should do about my own debts. lol I can help others, because with them, I'm on the outside looking in. make sense? sometimes we all just need a sounding board. as I have said before, sometimes there just aren't any answers, but it helps to have someone to lean on. thanks girls! shirley


lrhall41

Submitted by imkimssister on Tue, 03/21/2006 - 16:44

( Posts: 1301 | Credits: )


I would consult a lawyer on that one Shirley so that all of your hard worked does not go bad.

I know from a medical office that consulted a lawyer about doing collections on thier accounts on accepting money in lower denominations if that binded them to any agreement the payer tried to set up.

They were told by their consul that they could accept the payment but not be adherred to any type of obligation if they stamped or wrote on the back of the check "accepted without prejudice". Which from my understanding they would accept the money but not be held liable to taking a lesser ammount or or arrangement.

Now I have no experience in law or anything. My area is medical records(NOT any kind of Billing. I assign codes to procedures and illnesses. But I would be leary of sending in any money without out an agreement in writing from them or legal counsel that would apply to them.

I can't vouch for the validity of this only what I was told and it was at a training seminar and the person presenting this and teaching was one "smart person" so I believe this could be true.

Please try and see they are bound by this if you send money without having gotten back a response.

Hate to sound down on your idea but a bit of caution can go a long way. After all you have proof you have been contacting and making the effort this whole time a little bit more time to be safe then sorry will not hurt.

Tim


lrhall41

Submitted by TimB on Tue, 03/21/2006 - 17:00

( Posts: 48 | Credits: )


hey Shirley, maybe Virginia legal could shed some light, but maybe sen the payment to this guy , with the letter as Jessi suggested, but state that if the check is cashed you will consider that as acceptance of the offer, but if the offer is not acceptable, then they should contact you to work out a agreement.


lrhall41

Submitted by LCW on Tue, 03/21/2006 - 20:50

( Posts: 1151 | Credits: )


You are very welcome Shirley,that's what this is for,to help and support each other. Also,I would think that if you ever get taken to court,and they have refused your check,it would at least show that you were trying to work towards making payments and not trying to duck your responsibilities. Karen


lrhall41

Submitted by Bossy4455 on Wed, 03/22/2006 - 00:11

( Posts: 5854 | Credits: )


It wouldn't look very good for them, if they DID take you to court, and you have all these checks that they refused to take....Wouldn't make much sense..

Judge: Shirley, why haven't you paid this debt?"

Shirley: I Have sent 4 checks to them, for $X.XX each.

Judge: Sir, why have you returned these checks?

LOL


lrhall41

Submitted by Jessi on Wed, 03/22/2006 - 05:23

( Posts: 3361 | Credits: )


Shirley

I have come found some information on just what you are suggesting and the it varies from state to state according to state laws if they would be accountable after cashing your check. In some states it would not be binding on the company what you suggest doing.

This is considered a "Restrictive Offer" or a "Restrictive Endorsement Agreement"

Use these words to run a search and see what info you come up with. I believe these terms should give you information on what you are trying to do.

Tim


lrhall41

Submitted by TimB on Fri, 03/24/2006 - 17:41

( Posts: 48 | Credits: )