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Should I offer a settlement

Date: Tue, 10/20/2009 - 11:23

Submitted by anonymous
on Tue, 10/20/2009 - 11:23

Posts: 202330 Credits: [Donate]

Total Replies: 14


Need some advise, I have a charge off that was sold to Arrow Financial, they have never contacted me, but Lowery Law Firm has, they quit calling and another CA started calling Superior Assett Management just recently, then today I get a call from Lowery again, which I have talked them yet, they could be collecting on something else. Anyway, I've been considering offering them a settlement offer that would have to be paid in monthly payments, which I really don't think they will accept my offer. If I do make an offer will this restart the SOL? Right I'm still within the SOL on this last payment made was april of 2008, and I live in Texas. Any advise?


I'm not sure about the SOL thing, someone will be along to help you.

But, if you can afford to settle and you are within the SOL anyway, maybe you should consider it.

I'm about to settle a bunch of my debts and I have to tell you, it feels like a huge weight has been lifted on my chest. Just not having to worry about the sheriff coming to my door with a summons, or the constant calls.

Of course, if you can't afford it, then you can't afford it. You need a roof over your head, food, utilities, etc. For me, it would come down with whether or not I can reasonably afford a settlement.

Also, send a DV letter. Make sure they really are legally collecting the debt. I took the advice of some people here and sent out DV letters every time a new collection agency called me, and you'd be amazed how many couldn't send proof that they were legally allowed to collect the debt that they were claiming I owed.

Hope this helps a bit! Good luck!


lrhall41

Submitted by anc526 on Tue, 10/20/2009 - 11:28

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send everyone a DV letter.do not make any arrangements or settlement offers until you see something in writing.all of the CA'S you describe are bottomfeeders.all have been discussed here.do a search on each one,and you will know what these places are about.

i see me and anc256 posted at the same time.lol!!


lrhall41

Submitted by paulmergel on Tue, 10/20/2009 - 11:30

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Thanks, I really would like to get everything I have taken care of, I just can't do it all at once. I did wind up talking to these people, before I got any replies. It turns out to be a different debt, but still I had received a dunning letter from a different "attorney" dated sept. 2 and now Lowery is calling on it. I do want to make sure that they are the ones that I need to pay. Paul I may have already screwed up, I did talk to them and made an offer to settle with them, but I have not given them an info for payment yet and I did ask if they would put it in writing and they said that they would, but they want to send it by email, do you think by email with be good enough? I hate to say this and I can't believe this is coming out of my mouth and they my have me totally fooled, but they seemed like they were willing to work with me. I know I can't believe I said it either, trust me I have had some bad ones over this past year, I have 3 charge offs on me right now, so I have had to deal with some idiots, most of the time i ignore them and don't answer my phone. I don't why i've let this one get to me, I guess i'm starting to wear down. Thank you for replies, I just hope I can make the right decisions, sometimes its just so hard to know what to do.


lrhall41

Submitted by on Thu, 10/22/2009 - 05:58

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No on both. I'm trying to decided what is the best thing for me to do since I have already talked to them, before getting a debt validation or a dunning letter. I did receive a letter from them on a different account, but not this account, I got a dunning letter from a different "attorney" dated Sept. 2 postmarked Sept.3 so I probably got it around the 8th to the 10th of sept., but I have not gotten one from the Lowery law firm. I've pretty much ignored most of them, because I haven't had the money to pay them, I did try to work with the very first "attorney" that it got sent to, but they wouldn't work with me. I've read a lot of stuff on this website, I've been lurking around for awhile, its a lot to take in.


lrhall41

Submitted by on Thu, 10/22/2009 - 14:24

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Well, I figure I will get another call today, don't know whether I will answer it or not, if I answer they are not going to be happy, because they want me to provide them with payment info, actually what they wanted me to do is get a prepaid debit card like at walmart and give them the number whether or not I have anything on it, because I couldn't do anything until I get paid at the last day of the month. I've decided to slow this thing down, they are just going to have to give me a little space and let me make sure everything is being done right. I did get the dunning letter yesterday in the mail. I'm just rambling here, but it helps, because some days I'm panicky and others I'm as cool as a cucumber.


lrhall41

Submitted by on Fri, 10/23/2009 - 05:29

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I would not answer it.. you did not agree to anything in writing and they do have to validate. since you recieved your dunning letter, i would send out a debt validation asap and make them prove that they even own this debt and can legally collect on it. this has to be done within thirty days.
i would also validate the letter you have gotten from the first collector, too.. even if you have gotten it over a month ago i would send it out (that has helped me in the past before).


lrhall41

Submitted by bea2ls on Fri, 10/23/2009 - 06:33

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Just a little update, never did receive a call friday, but they did call this morning at my job, which I already told them not to call me here, so I told the lady that I had already told them not to call me at work and I hung up on her. Its just so very frustrating. I almost wish I could just file bankruptcy again.


lrhall41

Submitted by on Mon, 10/26/2009 - 07:18

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i would not file bankruptcy for this, arrow financial usually ends up doing something illegal anyway.
even though you talked to them, i would still send a debt validation letter asap. chances are they do not even own the debt and if you pay them the company who does own the debt might sell it to someone else and collect from you again. this happened to me before and i had to pay the collector who legally owned it an amount even though i paid a bottom feeder already.
also with the debt validation letter i would send a c & d telling them not contact you at work. someone please correct me if i am wrong but i think they need to have that in writing before they legally can stop calling you? if you send the letters out, they legally have to cease collection tactics until this debt is proven.


lrhall41

Submitted by bea2ls on Mon, 10/26/2009 - 07:31

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