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HELP with my settlement letter

Date: Mon, 05/04/2009 - 08:34

Submitted by anonymous
on Mon, 05/04/2009 - 08:34

Posts: 202330 Credits: [Donate]

Total Replies: 19


I need to get my credit cleared up, and fast!

I am trying to offer Cavalry Portfolio Services, LLC a settlement offer. I have a limited amount of funds aside and am trying to elimate some of my smaller debts. Here's a copy of the letter I am sending. Please let me know if I am missing anything or should change anything.

Thanks!

Quote:
May 4, 2009

Agreement between Cavalry Portfolio Services, LLC and _________ regarding Cavalry Account No. ___________.

In accepting this settlement offer, Cavalry Portfolio Services, LLC agrees to:

• Accept $_________ as payment in full for the account mentioned above. Cavalry Portfolio Services, LLC agrees that they will no longer be able to collect additional funds from _____________ on this account, and can not sell the remaining balance to any other agency for collection.
• Remove all information of this account from ____________’s credit report within 10 calendar days. Calvary Portfolio Services, LLC agrees to never at any time in the future place any information on _________'s credit report.
• Calvary Portfolio Services, LLC acknowledges that no payments will be made until ______________ receives written confirmation that Calvary Portfolio Services, LLC accepts his offer.
• Calvary Portfolio Services, LLC acknowledges that as per the Fair Debt Collection Practices Act, ____________ has the right to dispute this alleged debt. In the event that ____________ does not receive Calvary Portfolio Services, LLC postmarked response within the next 10 calendar days, ____________ shall withdraw the offer.


The person signing this agreement, ________________________________, hereby declares that he/she is authorized to act as an agent of Calvary Portfolio Services, LLC.

Signed:
Print:
Title:
Date:


___________ agrees to:

• Send a money order to Calvary Portfolio Services, LLC in the amount of $________ within 5 calendar days after receiving the written acceptance of this offer.
• Send Calvary Portfolio Services, LLC a signed copy of this agreement for their records.


Signed:
Print:
Date:


Ex: your CBR report.. rember this is just an example..
Collection
CitiBank $800 $700 $952 43221111
closed by creditor

The only thing that may change is instead of reporting it as a collection would be Paid, Paid as Agreed or Settled in Full and there might be an X or two in front of the 4 like this xx4321111.


I think this is right. I haven't looked at my credit report in a while.


lrhall41

Submitted by FYI on Wed, 05/06/2009 - 07:00

( Posts: 1950 | Credits: )


Looking at this site's sample "Pay for Delete (Settlement) Letter", the decription states:

Quote:

Pay for delete agreement is where you agree to pay off your debt in full or negotiate to settle your debt with the creditor/collection agency in return of their promise to erase all information on this account from your credit report.


The letter sample states:
Quote:
I am willing to offer $__________ as payment or settlement of the debt in full in return of your agreement to remove all information on this account from my credit report within 10 calendar days.


Isn't this the same as what I am asking in my above letter? (I am the original poster). The letter and it's description leads me to believe that they can delete entries off of a credit report. Is the letter wrong? Or am I not understanding correctly?


lrhall41

Submitted by StoneBroke on Wed, 05/06/2009 - 08:56

( Posts: 64 | Credits: )


Make sure you also add that they not sell off the remaining balance. Data Furnishers can make many changes to their tradelines but they have a contractual obligation as well as Federal law to report complete and accurate information. PFD's are a violation of their contract with the CRA's but you can try for a Non-Disclosure Agreement. Once you've paid, dispute with the CRA's, if the CA verifies, they will have violated the NDA and would then be subject to suit.


lrhall41

Submitted by NASCAR_Devil on Wed, 05/06/2009 - 09:23

( Posts: 4671 | Credits: )


Here's an example:

Both parties agree that the present debt due is $100.00 (One Hundred and no/100 dollars). The parties agree that the Creditor shall accept the sum of $50.00 (Fifty and no/100 dollars) as full payment on the debt. The acceptance of the payment will serve as a complete discharge of all monies due. The payment shall be made by Cashier???s Check or Money Order.

Both parties agree to keep the complete and entire contents of this matter completely confidential and will not disclose or confirm any matter relative to this matter, or its underlying causes, to any 3rd party except as ordered by a Court of Competent jurisdiction. Violation of this provision is actionable, and both sides agree, in the interest of Judicial efficiency, that the liquidated damages for violation of this provision shall be an amount equal to ten thousand (10,000.00) dollars.


lrhall41

Submitted by NASCAR_Devil on Wed, 05/06/2009 - 10:00

( Posts: 4671 | Credits: )


Thanks so much for your example, Nascar!

So let me see if I got this straight...I add Nascar's clause to my above letter in the original post. After I make payment I wait to see if Cavalary updates my credit report. If not, I dispute with the credit report agency. Cavalary is then unable to respond to the credit report agency because of the added clause, so the credit agency will delete it off my report.

Is that correct?


lrhall41

Submitted by StoneBroke on Wed, 05/06/2009 - 11:39

( Posts: 64 | Credits: )


So which statement should I add to Nascar's non-disclosure agreement?:

The unsolictied offer letter sample states
Additionally, I would request you to take off any late payment or charge-offs on this account from my credit report.

however the Pay for Delete Letter states
in return of your agreement to remove all information on this account from my credit report within 10 calendar days.

I will be disputing it with the credit report agency aftewards since Cavalary will be unable to respond because of the added clause. Just not sure which statement to add to my letter.


lrhall41

Submitted by StoneBroke on Wed, 05/06/2009 - 12:46

( Posts: 64 | Credits: )


Quote:

Pay for delete agreement is where you agree to pay off your debt in full or negotiate to settle your debt with the creditor/collection agency in return of their promise to erase all information on this account from your credit report. You'll need a Pay for Delete Letter to get the promise in writing. A sample of such a letter is given below.
ww.debtconsolidationcare.com/credit-repair/pay-for-delete.html


Quote:
Additionally, I would request you to take off any late payment or charge-offs on this account from my credit report.
ww.debtconsolidationcare.com/letters/sample17.html


ww.debtconsolidationcare.com/collection-agencies/paytodelete.html

ww.debtconsolidationcare.com/credit-negotiating.html

ww.debtconsolidationcare.com/collection-agencies/about12537.html


lrhall41

Submitted by on Wed, 05/06/2009 - 21:38

( Posts: | Credits: )


Very interesting. While you can certainly request anything you like, and some companies may just go ahead and do it (it may be largely due to administrative incompetence, though) but it is technically illegal.

From the Fair Credit Reporting Act, Section 623: [15 U.S.C. ?? 1681s-2(a)(1)(A)] "A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate." and (B)(ii) "A person shall not furnish information relating to a consumer to any consumer reporting agency if ... the information is, in fact, inaccurate."

I'll go with the law on this one.


lrhall41

Submitted by Chrys Henderson on Wed, 05/06/2009 - 22:45

( Posts: 2538 | Credits: )