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Settlement questions, and working with the original creditor

Submitted by Peter Stevens Jr. on Wed, 07/07/2010 - 17:31
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Hello,
I've read up on a lot of information on this great site and think that I've gained enough knowledge to attempt to proactively settle my credit card debts now that I have some money to do so, but I have several questions regarding the way in which I should do it.

I have 5 Credit Card accounts that have been delinquent for over 1 year, so every one of them has been charged off and sent to collections. On my credit report I have both the notation from the original creditor saying the account was charged off and the notation from the CA saying that they currently hold the debt.

I was planning on sending every CA a validation letter(is this even necessary, if I do know that the debt is valid?), then when/if they successfully verify I was going to send the "pay for deletion" settlement letter. However, I was confused as to how that would look on my credit reports because, if I understand things correctly, won't the original creditor's charge off notation still be on the report? So even if I get the CA to remove their notation it will still look like my debt has been charged off, there just wont be any collectors on my file. Am I right in thinking this?

So I was just reading and see that some people actually go to the original creditor and ask them to "pull the debt back" so that they can settle directly with the creditor and negotiate with the creditor to change their notation from "charge off" to "paid". Is this a viable option in my case, or is it too late after its been out of the creditors hands for a while? If so, does anyone have a sample letter for the creditor? I haven't seen one.

I think I understand my options, I'm just confused as to where to start or which option to take, so if anyone more experienced could let me know what you would do in this situation I really appreciate any input.

Thanks! Peter


Peter,
Yes you can send letters to the CAs and tell them you will only deal with the original creditors and contact the original creditors and try to settle with them! This may work in some cases and may not in others! It depends on several factors such as was the debt sold or just assigned! Is the original creditor willing to work with you and withdraw the charge off if it is not too late! You can challenge entries on your credit reports or directly with the creditors if you think they are in error! This is going to be a big trial and error period with a huge learning curve but you will, through perserverence, get through this with much newly aquired knowledge! Good luck to you!


Submitted by Frogpatch on Wed, 07/07/2010 - 17:49

Frogpatch

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what if the acct is with a CA and they say that they were hired by the CC to collect the money, does this mean it is still with the original CC or is it charged off? Here's the story: my 21yr old son had a credit card with chase that he stopped paying. now he's getting calls from a law office.( i'm not sure how long its been since he paid) i spoke to them yesterday for him and they said that they were hired by chase to collect the debt. they offered $600 all in one payment or $1000 over 6mnths( the bal is ~1400).


Submitted by cookycris on Thu, 07/08/2010 - 09:53

cookycris

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Quote:

Originally Posted by cookycris
what if the acct is with a CA and they say that they were hired by the CC to collect the money, does this mean it is still with the original CC or is it charged off? Here's the story: my 21yr old son had a credit card with chase that he stopped paying. now he's getting calls from a law office.( i'm not sure how long its been since he paid) i spoke to them yesterday for him and they said that they were hired by chase to collect the debt. they offered $600 all in one payment or $1000 over 6mnths( the bal is ~1400).

Your son should call Chase an verify that. Also, if this account is in the hands of a collection attorney, did he ever receive a letter of collection via the mail? Collectors are required by the FDCPA to send a letter of collection via the mail within 5 days of their first initial contact with the debtor, that way the opportunity will be there for the debtor to send a debt validation request via certified mail to the collector and make them prove they are legally able to collect on this debt. Otherwise it could be anyone calling, there are far too many scams happening lately to admit to owing a debt or make payment arrangements to a voice on the phone.


Submitted by Shazzers on Thu, 07/08/2010 - 10:12

Shazzers

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A card can be charged off and still be with the original creditor. Chargeoff is simply an accounting entry that takes it from an asset to a non-asset class. Whether it is still with the oc and sent to oca for handling OR it has been sold is something you always need to determine on a case by case basis.


Submitted by dantheman on Thu, 07/08/2010 - 10:15

dantheman

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