Search the Community

Showing results for tags 'settlement'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 49 results

  1. We are residents of Orlando, FL and need help with medical debt for lab test. In summary - the test was performed in Nov 2012, and the insurer had pre-approved this out-of-network lab as in-network - the insurer and lab went back and forth over the bill and are still going back and forth over the bill, now with my employer’s HR involved - we never received a bill from the lab, despite us updating our address with them and USPS with our new address - On March 17, 2015, we received notice (dated March 10) from a collection agency for a $19K debt that includes $2600 of interest - The lab claims they cannot take it back from the collections agency - Lab has not responded to a request for the debt amount; instead, they sent a patient ledger dated Apr 8, 2015 that shows patient responsibility of zero for every test; note, they do not have a phone My questions: - Other than a request for debt verification to the collection agency, what should I do? - Who do I negotiate with, the lab or the collection agency? - Does the fact the insurer is still working on it (based on contacting the employer again) have any relevance? - Is there a risk they could damage my credit score? Details: On March 17, we received a letter from a collection agency, claiming medical debt of $ 19k, that is inclusive of an interest amount of $2,600. The lab is located in Atlanta, GA. We received their services (a series of lab tests) for our son in November 2012. I have a family health insurance plan that is self insured by my employer, which is a large corporation, and administered by a TPA insurance company. Although the lab was originally out-of-network for the insurance company, we managed to obtain pre-approval for these services to be given with in-network benefits. In fact, the lab only agreed to perform those lab tests that were preapproved. We were expecting to pay nothing more than any applicable copay, coinsurance, etc. The insurance company denied many of the claims from the lab. The lab ended up filing a large number of appeals to the insurance company, but the claims remained largely denied. In January 2015, the lab turned the account over to the collection agency. The collection agency made their first communication to us on March 17. Pertinently, the lab seems to have turned the account over to the collection agency without sending us any billing statement that indicated that we owed them the sum of money that the collection agency alleged. After getting the letter from the collection agency, we promptly wrote them back, disputing the debt, mentioning that no statement was sent to us, and asking the collection agency to validate the debt by providing relevant documents. We are still awaiting the validation documents from the collection agency. Then we contacted the lab by mail and email (they don’t accept phone calls), basically asking that we resolve the issue with them directly and not the collection agency. In reply, the lab alleged that they sent it to our address. We have a hard time believing that because we moved to a new address in June 2013 but updated both the lab with our new address and USPS. Furthermore, despite communicating them with E-mail frequently, they never replied that way (granted, billing is often handled by a third party company) or called us. The lab also mentioned that they cannot retract the account from the collection agency but can request them to not report my credit account as we work on resolving the issue. Pertinently, the lab did not send us a statement indicating the debt amount even as we emailed them with a request to send it to us. Instead, they sent us an itemized patient ledger dated April 8, 2015 showing every lab test that was done, along with the cost, amount paid by insurance and patient responsibility. Interestingly, the patient ledger shows zero amount in the patient responsibility field for each of the test and does not indicate any overall patient responsibility. In short, the patient ledger does not validate the debt amount being claimed. At this time, we are unable to decide in which direction to pursue the matter. What options do we have now? The collection agency has not reported to the credit bureau yet. I am willing to make a settlement for a fraction of the original debt, say up to 30% (give or take), with the collection agency. However, should I hold off because the debt may not be theres. Or should I negotiate with the lab? My fear is they already turned if over to the collection agency. And what if the insurance company does pay off the provider? I would appreciate any help
  2. We are residents of Orlando, FL and need help with medical debt for lab test. In summary - the test was performed in Nov 2012, and the insurer had pre-approved this out-of-network lab as in-network - the insurer and lab went back and forth over the bill and are still going back and forth over the bill, now with my employer’s HR involved - we never received a bill from the lab, despite us updating our address with them and USPS with our new address - On March 17, 2015, we received notice (dated March 10) from a collection agency for a $19K debt that includes $2600 of interest - The lab claims they cannot take it back from the collections agency - Lab has not responded to a request for the debt amount; instead, they sent a patient ledger dated Apr 8, 2015 that shows patient responsibility of zero for every test; note, they do not have a phone My questions: - Other than a request for debt verification to the collection agency, what should I do? - Who do I negotiate with, the lab or the collection agency? - Does the fact the insurer is still working on it (based on contacting the employer again) have any relevance? - Is there a risk they could damage my credit score? Details: On March 17, we received a letter from a collection agency, claiming medical debt of $ 19k, that is inclusive of an interest amount of $2,600. The lab is located in Atlanta, GA. We received their services (a series of lab tests) for our son in November 2012. I have a family health insurance plan that is self insured by my employer, which is a large corporation, and administered by a TPA insurance company. Although the lab was originally out-of-network for the insurance company, we managed to obtain pre-approval for these services to be given with in-network benefits. In fact, the lab only agreed to perform those lab tests that were preapproved. We were expecting to pay nothing more than any applicable copay, coinsurance, etc. The insurance company denied many of the claims from the lab. The lab ended up filing a large number of appeals to the insurance company, but the claims remained largely denied. In January 2015, the lab turned the account over to the collection agency. The collection agency made their first communication to us on March 17. Pertinently, the lab seems to have turned the account over to the collection agency without sending us any billing statement that indicated that we owed them the sum of money that the collection agency alleged. After getting the letter from the collection agency, we promptly wrote them back, disputing the debt, mentioning that no statement was sent to us, and asking the collection agency to validate the debt by providing relevant documents. We are still awaiting the validation documents from the collection agency. Then we contacted the lab by mail and email (they don’t accept phone calls), basically asking that we resolve the issue with them directly and not the collection agency. In reply, the lab alleged that they sent it to our address. We have a hard time believing that because we moved to a new address in June 2013 but updated both the lab with our new address and USPS. Furthermore, despite communicating them with E-mail frequently, they never replied that way (granted, billing is often handled by a third party company) or called us. The lab also mentioned that they cannot retract the account from the collection agency but can request them to not report my credit account as we work on resolving the issue. Pertinently, the lab did not send us a statement indicating the debt amount even as we emailed them with a request to send it to us. Instead, they sent us an itemized patient ledger dated April 8, 2015 showing every lab test that was done, along with the cost, amount paid by insurance and patient responsibility. Interestingly, the patient ledger shows zero amount in the patient responsibility field for each of the test and does not indicate any overall patient responsibility. In short, the patient ledger does not validate the debt amount being claimed. At this time, we are unable to decide in which direction to pursue the matter. What options do we have now? The collection agency has not reported to the credit bureau yet. I am willing to make a settlement for a fraction of the original debt, say up to 30% (give or take), with the collection agency. However, should I hold off because the debt may not be theres. Or should I negotiate with the lab? My fear is they already turned if over to the collection agency. And what if the insurance company does pay off the provider? I would appreciate any help
  3. CFPB Orders GE Capital to Pay $225 Million in Consumer Relief for Deceptive and Discriminatory Credit Card Practices Jun 19 2014 WASHINGTON, D.C. — The Consumer Financial Protection Bureau (CFPB) is ordering GE Capital Retail Bank (GE Capital), now known as Synchrony Bank, to provide an estimated $225 million in relief to consumers harmed by illegal and discriminatory credit card practices. GE Capital must refund $56 million to approximately 638,000 consumers who were subjected to deceptive marketing practices. As part of the joint enforcement action by the CFPB and Department of Justice, GE Capital must also provide an additional $169 million to about 108,000 borrowers excluded from debt relief offers because of their national origin. This order represents the federal government’s largest credit card discrimination settlement in history. “Today’s action will provide $225 million in relief to GE Capital credit card customers who were harmed by deceptive marketing or discrimination,” said CFPB Director Richard Cordray. “We will continue to take action against marketing tactics that trick consumers into buying credit card products they do not want or cannot use. Consumers also deserve to be treated fairly no matter where they live or what language they speak.” “The blatant discrimination that occurred here is unlawful and will not be tolerated. Borrowers have the right to credit card terms that do not differ based on their national origin, and the settlement today sends the message that the Justice Department can and will vigorously enforce the law against lenders who violate that right,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division of the Department of Justice. GE Capital changed its name to Synchrony Bank on June 2, 2014. GE Capital is a federal savings bank headquartered in Draper, Utah with assets totaling more than $39 billion. GE provides store-branded credit cards that are sold to consumers by merchants and retailers across the country. Today’s enforcement action related to credit card add-on products stems from a CFPB examination which was conducted between December 2012 and February 2013. The action related to the discriminatory credit card practices resulted from GE Capital’s self-reporting of the issue to the CFPB, which led to a joint investigation between the CFPB and the Department of Justice. Deceptive Marketing Bureau examiners identified several deceptive marketing practices used by GE Capital to promote its credit card add-on products. GE Capital offered five different debt cancellation add-on products: “Card Security,” “Account Security,” “Account Security Plus,” “Debt Security,” and “Debt Security Plus.” GE promoted these products as providing debt cancellation of a certain percent of the consumer’s balance in the event of certain hardships like involuntary unemployment or disability. The Bureau found that GE Capital’s telemarketers misrepresented these products to consumers in four main ways: •Marketed the product as free of charge: Telemarketers led consumers to believe they would not have to pay for these products as long as they paid off the balance on their billing statement. In fact, consumers could only avoid the fee in very specific circumstances, such as if the account was not in use or if the customer had paid off the balance prior to GE Capital issuing its monthly billing statement. Dispute the balance and accounting of your account •Failed to disclose consumers’ ineligibility: In calls with telemarketers, many consumers mentioned that they were retired or disabled, which would mean that they were not eligible for key benefits of the products. Even after hearing this, the telemarketers neglected to tell the consumers that they would not be eligible for key debt cancellation benefits, and the consumers bought the products without this important information. If you paid this they should offset your account.. •Failed to disclose that consumers were making a purchase: In many cases, the telemarketers did not make it clear that consumers were purchasing a product. Rather, they made it seem like the consumers were receiving a benefit, updating their accounts, or that the telemarketers were handling other administrative tasks. In these conversations, it was not obvious to consumers that they were buying something and would be charged a fee. Fees removed? If not the balance can't be correct now. •Marketed products as a limited time offer: Many customer service representatives falsely told consumers that these debt cancellation products were a “limited time offer.” In reality, nothing about the availability of these products was limited. However, leading consumers to believe they had a short timeframe to sign up may have created a false sense of pressure and pushed them to enroll in the products. Discriminatory Credit Practices GE Capital had two different promotions that allowed credit card customers with delinquent accounts to settle their balances by paying off a specific portion of their debt. •Statement Credit Offer: Customers with balances greater than $700, a credit score below 670, and whose minimum payment due was more than $150 were offered a credit of between $25 to $100 if they paid off their minimum amount due. This promotion ran from March 2010 to March 2012. •Settlement Offer: Customers with balances greater than $200, a credit score within certain thresholds, four or more payments overdue, and no payments in the past 90 days received offers to waive their remaining account balance if they paid between 25 percent and 55 percent of what was owed. This promotion ran from January 2009 to March 2012. GE Capital did not extend these offers to any customer who indicated that they preferred to communicate in Spanish or had a mailing address in Puerto Rico, even if the customer met the promotion’s qualifications. This meant that Hispanic populations were unfairly denied the opportunity to benefit from these promotions. Such discrimination is in direct violation of the Equal Credit Opportunity Act (ECOA). The ECOA prohibits creditors from discriminating in any aspect of a credit transaction on the basis of characteristics such as race and national origin. In this case, the customers did not receive either offer in any language, including English, and did not know they were being discriminated against. Enforcement Action Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, the CFPB has the authority to take action against institutions engaging in unfair, deceptive, or abusive practices. The ECOA authorizes the CFPB and the DOJ to take action against creditors engaging in illegal discrimination. The CFPB is issuing a consent order as an administrative action covering both the deceptive marketing practices and the illegal discrimination. The DOJ’s settlement on discrimination was filed in the U.S. District Court for District of Utah. The CFPB’s order requires GE Capital: •End deceptive marketing practices:GE Capital must cease its deceptive marketing practices. GE Capital ended all telephone-based enrollments for all of the add-on products involved in today’s action in October 2012. GE Capital is prohibited from marketing or offering these products by telephone until it submits a compliance plan to the Bureau. •End illegal discrimination: GE Capital must end all discriminatory credit practices. GE Capital has included qualified customers who prefer to communicate in Spanish and customers with a mailing address in Puerto Rico in the settlement offer since March 2012. GE Capital completely discontinued the statement credit offer in March 2012. •Provide $225 million to harmed consumers: GE Capital must refund $56 million to the approximately 638,000 consumers who were affected by its deceptive marketing of the credit card add-on products. GE Capital must also provide $169 million in relief to about 108,000 borrowers excluded from debt relief offers because of their national origin. The $169 million represents the value of the offer that the consumer did not receive plus interest and indirect damages. •Conveniently provide consumer relief: Consumers do not need to take action to obtain their relief. If the consumers still have credit cards with GE Capital, they have received or will receive a credit to their accounts or a check. If they no longer have credit cards with GE Capital, they will receive or have received a check in the mail or have charged-off balances reduced by the amount of the relief. If the relief is greater than the consumer’s existing balance, the consumer will receive a check for the excess. Did you get your check? balance charged off? •Notify credit reporting agencies of new information: For those consumers who did not receive the debt relief offers, GE Capital will work with credit reporting agencies to ensure that any negative information associated with the consumer’s GE Capital accounts as a result of these violations will be deleted from their credit history. •Forgive debt of accounts that did not receive debt relief offers: For the customers that did not receive debt relief offers because they preferred to communicate in Spanish or had a mailing address in Puerto Rico, if GE Capital had written off or sold their debt, that debt will be forgiven. They still dunning for this debt? •Pay a $3.5 million penalty: For its deceptive credit card marketing, GE Capital will make a $3.5 million penalty payment to the CFPB’s Civil Penalty Fund. With respect to the illegal discrimination, the Bureau is not assessing penalties based on a number of factors, including that the company self-reported the violation, self-initiated remediation for the harm done to affected consumers, and fully cooperated with the Bureau’s investigation. The Bureau has ongoing supervisory authority over GE Capital and will continue to conduct examinations of GE Capital to ensure its compliance with federal consumer financial law. Their still under intense scrutiny Download The full PDF text of the CFPB’s Consent Order at: CFPB Consent Order I say this could make your account balance incorrect.....make them prove its not.
  4. I asked for advice, and instead I received someone's negative unhelpful comments...therefore I have decided to delete my post.
  5. Hi. I have a debt that I'm currently paying on monthly via a lawyer for the creditor. It is not for a credit card, but for an institution. When I first settled via their lawyer (in order to avoid court), the creditor agreed to accept a slightly lesser amount than what they claimed was originally owed. Now, I've been making on-time, even early, monthly payments for over a year. I have a $2700 balance remaining. I would like to renegotiate this balance and pay that renegotiated sum in full to get it off of my mind and off of my credit report as a collection. Do I have any leverage to renegotiate with the lawyer (my continual on-time/early payments for over a year and timely communication with the lawyer when there was a bank issue (which the bank admitted to in a letter to the lawyer) that caused a payment to not go through)? I had spoken to the lawyer in the beginning in order to agree to a settlement, and he seemed nice enough and willing to help me out. If I should go ahead and try to renegotiate, what is a reasonable amount to ask for? How should I approach this (meaning language to use, not form of communication, which I know should be in writing)?
  6. I have a chance to settle a debt with Discover. Amount owed $2600, they are willing to accept 1K. Do I accept their offer? I am set to go to arbitration and am thinking about rolling the dice. If I lose I will owe a much larger amount. With that being said I could file bk. Will a judgment or a bk be worse on my credit. I would assume bk. Thoughts?
  7. I went to a settlement conference and plaintiff pulled out a stack of statements that they showed me. I never got a copy of these beforehand and I didn't really get a chance to look them over carefully. I agreed to the settlement foolishly but have not gotten anything notarized or started paying anything yet. Am I right in thinking that I should have gotten a copy of these statements first? Can I still request a copy of them and not pay anything until I get this? The reason I ask is because this case was for credit card debt and the statements showed a bill pay on it ... Well, I had a brief checking account with this bank but it had nothing to do with the credit card debt from years before. I think it was these statements that they had and not the ones from the credit card debt. Any insight or advice would be much appreciated!!!
  8. Hello All, Just a question: Are settlements or awards obtained from a TCPA case taxable? The information I've searched online doesn't address it specifically, however, I have found some articles that indicate that damages that aren't physical are indeed considered revenue. Lets say for sake of discussion that the settlement is for $100,000. Mr Diligent Attorney takes his 33% slice of the award. As the Plaintiff are you taxed on the entire $100,000? Or just the $66,500 that ends up being your share of the award? I never thought I'd be in a position to be pondering this type of issue! I did have a coworker who also owns a business give me a valuable piece of advice. If you ever end up in this type of situation and you're at the beginning of a tax year, be sure to pay the IRS within the quarter that the settlement occurs. I guess if you wait until the end of the year you would likely be penalized for underpayment. Just curious if anyone has had this experience before. I must say that I'm enjoying being on the this side of the coin and sticking it to these assclowns. Thanks in advance, W.T.
  9. I have a judgment granted against me from 2009. My bank contacted me and informed me the debt collectors subpoena my records and at the specific date on the subpoena they will turn the records over to the debt collectors. I called the debt collectors seeking a way to settle the debt, I was willing to do payment arrangements, but I am not comfortable with the fact they don't want to spell out in a letter stating at the end of the payment arrangement, the judgment is satisfied. The representative went into a bull spill about being able to levy my bank account….blah, blah, blah! I tried to settle for half of the judgment, but they would only do 75% of the judgment. Need help on next steps...
  10. Hello All, Hoping I can find some info that I couldn't find in a search on the forums. Here's my situation: Bank of America/FIA Card Services Rec'd Summons Replied and went into Discovery portion. Had a deposition Answered Interogetories / Sent them as well They never answered - it's been over 6 months Yesterday rec'd Motion for Summary Judgement. My question is (as I've been saving some money in the meantime) can I try to negotiate to settle at this time before the judgment AND if so do I have to request negotiation through the court or just call up the lawyer? OR, should I answer the msj and wait to settle while in trial (even though no date set on trial at all) Thank you so much.
  11. Hello Everyone, I just came across this forum 2 days ago and it has been the best information gatherer out there. I have a major decision to make and would love anyone’s input or opinions! Me and my wife have been struggling with paying our minimum CC payment for the last year, but so far we have not missed one payment and are up to date on all of our accounts. Here is a summary of the accounts: Bank Name Min. Payment Balance Interest Citi Card I $93.00 $6,238.85 17.90% Citi Card II $26.88 $3,196.28 24.50% Chase I $37.00 $3,821.33 18.00% Chase II $28.00 $2,836.81 19.00% Prosper Loan $395.79 $8,595.10 14.50% Total: $580.67 $24,688.37 We are going to incur some serious medical expenses from now till August (High Risk Pregnancy) and we are thinking of stopping on all of our payments and try to settle with the creditors ourselves. We have approx. $10,000 right now that we can use for settlements plus the $580.67 per month from now till 4 months (my goal would be to settle with the OC before it goes to collections) would equal a total of approx.$ 12,300.00 to use for settling these accounts, is this reasonable? With my current income and the debt that we will incur via medical bills we are going to have to stop paying in 6 months anyway so I’d rather stop now save that money for a settlement. A couple things to clarify: 1. I DO NOT care if my Credit score goes to Zero! 2. I would be happy with settling these accounts @ 40% or less 3. I look forward to documenting everything and handling the calls and letters. 4. I do not want to be sued or taken to court if possible 5. I do not own any assets (No home, or Car) 6. I have close to $10,000 saved in cash (to be used for Settlements/ Medical expenses) 7. I should be able to prove that I am delinquent at the end of this year so a 1099-C will not affect me My main goal is to just get rid of these pesky irritating credit cards and to NEVER get them again. Right now I plan on stopping all payments by this next month (March) and close down my account with my current bank where I do all my payments with (ACH) on all 5 accounts. Then do all my banking with a different local bank. (I already have an established account) I also am thinking of withdrawing all of my money that I currently have and keeping everything in cash while I go through this ordeal. I also want to get a Cheap pre-paid phone and change all my accounts to that phone # (that way I will know anytime that phone rings I know who it is PLEASE GIVE ME ANY IDEAS/ SUGGESTIONS THAT I SHOULD BE DOING BEFORE I STOP ANY PAYMENTS! Thanks everyone for the help I Strive to learn!
  12. Some of these JDB's just shoot themselves in the foot. My history: * Had a default judgment issued for Riverwalk Holdings using attorney firm Nelson & Kennard for roughly $9k. -- I was never served, I was not even in the state at the time of "service" (was in Texas when filed). -- I do not believe I owe this debt and should file to have the judgment vacated (both on the sewer service and the fact I believe this debt was settled two years earlier). * I have no assets in my name. * I found out about this settlement after another judgement had my wages attached. * I had a friend who helps people with short-sales contact Nelson & Kennard to reach a settlement. * I had my friend offer them $4k. They countered an amount so high that it almost became pointless to continue. I contacted my source of funds and countered about $5k. The counter was HIGHER than their offer before wanting the $5k now and more later. * I am now considering filing chapter 7 bankruptcy. However, before I do, I wanted to see if anyone had any success vacating a judgement that is this old? I feel confident I can win the case, I have a receipt of payment and a settlement letter from a prior CA for this debt. And, I can prove I was not in the state during the entire month the "service" was completed (plane tickets and hotel bills paid by my employer but with my name on them). Thanks for your help, Sacto Consumer Edited to remove personalized data on a tip that attorneys in question may have access to this board (file that under duh for me ).
  13. I need some advice. I'm at 120 days past due. Just going into what they call pre-legal. I would like to make a settlement with them Balance $4500 principal, or $5700 with their fees and interest. Those are their numbers. What is a reasonable settelement amount, do I need to drag this on with them or will they take a settlement offer before the s hits the fan? Will they take a 3 pay settlement? Personally, I don't want to get into the lawsuit battle with them. Thanks in advance
  14. I received a letter from Convergent Solutions regarding and alleged debt. This is apparently an alleged charge off from Sprint that they claim to own. The present balance is under $400.00. this will be past the SOL date by the end of this year. Based on the balance it appears that the chance of litigation would be minimal ( my personal assumption) As I am trying to work on the negative reportings on my credit report I thought it would be worth the shot to call Convergent and see if they would be willing to pay for delete on this alleged account. I explained to the customer service rep. that I spoke with that I did not know of this debt and was unaware of it's existence until I reviewed my credit report and that I dispute that the debt is valid. I said in an effort to minimize the damage that this is having on my credit I would be willing to possibly pay to have this deleted from my credit report. The customer service rep. stated that they do not pay to delete and that if we came to some sort of settlement agreement it would be reported as settled. Has anyone had any success with pay for delete. Would it be worth calling back and asking to speak to a supervisor.
  15. I have three credit card accounts that went into default when I was unemployed for a few months in 2010. All have been charged off and sold to junk debt collectors. Before the accounts went into default, I tried to work with these credit card companies to make arrangements to reduce my payments. Unfortunately, they wouldn't budge. Although I was able to keep all my other credit accounts in excellent standing, Wells Fargo Financial, JC Penney, and Discover have turned into a nightmare situation. My husband and I will be purchasing a house later this year, so I really need to do some damage control. The bank will require these items to be paid or settled. I thought about sending settlement offers to the collection agencies, offering to pay 20-25% of the original balance. Will this be enough for them to even consider? I'd also ask them to remove their collection from my credit reports and report the original item as paid/settled. One concern I have is wording the settlement offer correctly so it doesn't admit liability for the balance. I don't want to reset the statute of limitations. Thanks in advance for your input!
  16. Earlier this year Midland Funding filed a lawsuit against me for a credit card account that went into default 2-3 years ago. The total amount they claim is slightly more than $6,000. After posting a message on the boards regarding this, I filed a general denial. I also sent Midland a Request for Production (RFP). They responded to the RFP with loads of documentation showing how ownership of the credit card account had changed hands (as part of a bulk sale) through two junk debt collectors. Since that time, I've received no further communication regarding the case. I'm interested in settling the debt. However, because a court case has been filed, I'm not sure if I can or should contact Midland directly with a settlement offer. My letter would not admit responsibility for the debt. I would merly offer to pay a percentage in exchange for having the original credit card account listed as "Paid/Settled" on my credit reports, and the collection account removed entirely. Is there a smart way to approach Midland with a settlement offer? What percentage should I offer? (I thought about starting at 20-25%.) The lawsuit was filed in California while I was living here temporarily after the death of a parent. I'm going to be moving back home, out of state, in a few days. How will this affect Midland's lawsuit? If and when a court date is set, will I be obligated to return? I need to have this cleared from my credit reports because I plan to purchase a house with my husband within the next 2-3 months. The bank will require this to be taken care of. Thanks in advance for your input.
  17. Hi there. I have another thread going about my lawsuit with Unifund/Citibank and Daniel Gordon, PC. But my question is about settling during this whole process. The reason I'm even here is that my husband and I ended up on the wrong side of the housing bubble and resulting market and construction industry crash. He lost his building work for a year, we had two tiny kids, a construction loan and a half-finished house. We survived by maxing out 8 credit cards that were virtually unused before then. When it all shook out I decided the only option was to try to settle with the credit companies for lower amounts, with a loan from a friend. Every single company worked with us - Chase, B of A, US bank. Except Citibank. I could never offer them enough. So, I ignored them through the last 3 years until I got sued by Daniel Gordon and Unifund. I offered them a paltry sum to settle, right after I got served. I got a response that was basically the whole 15,000 (it started out around 9,000) in one lump plus payments. I sent another slightly higher offer, and receieved an offer for 12,000 in lump sum. I haven't responded back since there's no way I can come close to that, but I'm ready to send another counter-offer. And FYI, my settlement offers are vague and do not claim that I actually owe Unifund any money. So, I guess I'm asking if this is even worth it. I actually would love to pay something and finish the whole affair. That was my original plan anyway. But will they be more or less likely to settle as the case progresses? I have returned the requests for admission and am at the stage where I need to submit my own discovery requests. It's Oregon, so arbitration is mandatory but has yet to be scheduled. I know this board is more about defeating the JDBs outright, and I would love to do that if I have to, but my sanity is strained and my stress level is high, so settling isn't off the table. Thanks!
  18. My spouse is being sued by attornies on behalf of CACH - without going into lengthy particulars, we answered the summons, etc. but we are wanting to settle and they broached the subject by phone yesterday - we have CMC soon and would like to proceed with a settlement asap. The actual debt was $5000 and has ballooned to just over $5700. They offered a $4300 settlement. The debt is valid and my spouse just wants it OVER...will NOT consider fighting, so we dont even need to go there in this forum at this time. We would like to counter but are unsure of how AND how much to offer? We do want to get this settled but dont know how to proceed. We are communicating at this point via email as they put a 48 hr. time limit on this first offer. Your thoughts...advice? Greatly appreciated!
  19. Hey I know there are many postings with stock settlement letters, but I just wanted to get an opinion on this one because I've read that it's almost better to make it "personal." Also, I wanted it to get through that this offer is all that I can afford. The debt is for $800. A couple of months ago I sent a PFD request for $250. They called and said they would not do PFD or even Paid in Full. They would only do settled in full. At this point, I just don't want any more open collections on my CR. She also said $250 would not be enough. So, I said I would call back after I thought over my options. Would sending this following letter suffice? I really can only afford about $350 - $400 for this. Is there anything I should add/change/etc? Thanks in advance for advice. Dear Donna Rose This letter is a follow-up to a conversation we had recently regarding my account. I am working very hard to clear up my past financial transgressions and I would like to settle this debt. I am aware that your company has the ability to report this debt to the credit bureaus as you deem necessary. Furthermore, you have the ability to change the listing since you are the information furnisher. I am willing to pay $350 to settle this debt in full. In return for my payment, you agree to report this account as settled in full to all of the credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $350 payable to NHNE CREDIT SERVICES. Furthermore, NHNE CREDIT SERVICES agrees to never at any time in the future place any information on my credit report. For both of our convenience, I would like to take care of this as soon as possible. Unfortunately, $350 is the absolute maximum I am able to pay, as that is literally all that I have in my bank account. If you accept this offer, you also agree not to discuss the offer with any third-party, excluding the original creditor. If you accept the offer, please prepare a letter on your company letterhead agreeing to the terms. This letter should be signed by an authorized agent of NHNE CREDIT SERVICES, IN. Sincerely, (My name)
  20. Hello, I need help with my next move. Check Mate anyone? I took down the Plaintiffs Attonrneys in court, using their own sloppy work to have my Judgment Vacated! Needless to say the Attorney was not happy and the Judge was not happy. I don't think they really like to be put in the position to make such a decision. Now the complaint is reinstated and I will start from the beginning. I already had filed an answer "out of time" , with my Motion to Vacate. It was brief. The SOL should technically be expired. Account closed in 2006. But when I was dealing with this law office, I did make payments to them prior to judgment. (2008). And I think that in NJ SOL is refreshed. Although, their collection efforts had so many FDCPA violations, maybe I can use the fight that they were misleading and deceptive and the SOL should not re-age. Or maybe the payments won't effect the SOL because the complaint was filed before the payments were made? I would prefer to just settle for a small amount, but I need to stay on top of my game. Any suggestions for my next move? Proceed through discovery etc? Wait for a settlement? ( I offered a $200 settlement after I filed my Motion to Vacate. Attorney showed up in court and said she just got the letter. Asked if I still want to settle? I said "Na, I already did all the work.") Elect Arb? Thanks for all your input. I will also be starting another topic regarding the violations this firm made and asking for suggestions on my retailiation:)
  21. Anticipating a case dismissal/settlement agreement (though not what it will be called for various reasons)... JDB asked what it would take for me to agree to settlement if I agreed to drop pending future FDCPA/RFDCPA suit and agreed NOT to post anything with name of JDB... (btw - I pay $-0-) I have my own wish list of what I want to see in the agreement, but was looking for input from all of you clever people to see if I should add additional items that I may have not thought of. Thanks in advance for your input.
  22. New to the thread - I've got 2 questions. After being an irresponsible idiot in my younger days, I'm really trying to clean my report up. I had 4 negative accounts, 3 smaller accounts listed in collections and a student loan I decided to stop paying years ago. As for the student loan, last week I settled with the collection agency hired by the bank that backed the loan. I paid half and they will have it listed as settled in full (wasn't getting a PFD or anything else for that). The thing is, it's also listed 3 or 4 separate times on my credit report as charged off, filed with gov't, etc. This is with AES/NCT, things like that. How do I go about getting the other listings removed? Do having those listed affect my credit score? Just wondering because if I paid to have this settled (had to, since it was a student loan) should I still be getting dinged for the same thing by multiple other negative listings? Also, I had three other small debts in collections. I sent them letters offering payment for deletion from the 3 CR agencies (used form letters I found online - not accepting it's my debt, but offering payment if I got written agreement, etc.). I got a call from one of them today that they wouldn't PFD or even put paid in full but would take a smaller payment and put settled in full. I even offered to pay the full amount for deletion but they won't accept that. It seems they would rather take less money and give me a settled in full than full payment for a PFD. I asked for a number to the original creditor (Best Fitness). She said she'd give it to me, but I'd just be routed back to her since they were the collection agency in charge of Best's debt. I found it odd that they'd settle for less than full but wouldn't PFD if I gave the whole amount. Any suggestions here? I told her I'd have to consider my options and call back next week. Side note - this was regarding a contract I thought I had terminated but apparently had not completed the termination. Finally, does speaking about these debts restart any clock or anything, or will they still fall off 7 years after original delinquency? Thanks again for any input. Additional info - Any way I can write to the CRs to get the other related listings deleted? Is there some sort of form letter I could use? Should this be a dispute? Unsure of how that would work. Thanks again for your input. The three small ones - Best Fitness now with NH/NE $800 - Last August of '09. She seemed to be willing to take $500 for settlement but not the $800 for PFD Asset Acceptance - $239. Debt originally from an Express credit card. Something like 4 years ago. EOS/CCA - $135. Originally from AT&T. About 5 years old. They're definitely all valid debts. I'd like to get them off and not wait the seven years. I've managed to save up about a thousand bucks so I have the cash on hand to pay them all off. How do I fight Best Fitness? What do you think I should do to get them to pay for delete? I think it's insane, why would they take less? They were very adamant about how they would not PFD. Said that if I called Best they'd just route me back to her. I really have no idea what to do with these. I don't want to ask any friends for advice, it's pretty embarrassing and a lawyer seems pointless for the amount I have outstanding.
  23. New to the thread - I've got 2 questions. After being an irresponsible idiot in my younger days, I'm really trying to clean my report up. I had 4 negative accounts, 3 smaller accounts listed in collections and a student loan I decided to stop paying years ago. As for the student loan, last week I settled with the collection agency hired by the bank that backed the loan. I paid half and they will have it listed as settled in full (wasn't getting a PFD or anything else for that). The thing is, it's also listed 3 or 4 separate times on my credit report as charged off, filed with gov't, etc. This is with AES/NCT, things like that. How do I go about getting the other listings removed? Do having those listed affect my credit score? Just wondering because if I paid to have this settled (had to, since it was a student loan) should I still be getting dinged for the same thing by multiple other negative listings? Also, I had three other small debts in collections. I sent them letters offering payment for deletion from the 3 CR agencies (used form letters I found online - not accepting it's my debt, but offering payment if I got written agreement, etc.). I got a call from one of them today that they wouldn't PFD or even put paid in full but would take a smaller payment and put settled in full. I even offered to pay the full amount for deletion but they won't accept that. It seems they would rather take less money and give me a settled in full than full payment for a PFD. I asked for a number to the original creditor (Best Fitness). She said she'd give it to me, but I'd just be routed back to her since they were the collection agency in charge of Best's debt. I found it odd that they'd settle for less than full but wouldn't PFD if I gave the whole amount. Any suggestions here? I told her I'd have to consider my options and call back next week. Side note - this was regarding a contract I thought I had terminated but apparently had not completed the termination. Finally, does speaking about these debts restart any clock or anything, or will they still fall off 7 years after original delinquency? Thanks again for any input.
  24. I recently finalized a very nasty divorce and was lucky enough to have my husband leave me with nearly $10,000 in debt collections. I began doing my research on how to properly contact them to settle and pay off these debts. I drafted a letter offering a settlement amount in return for the CA removing all information regarding the debts from the credit reporting agencies within ten calendar days of payment. I sent the letters certified mail with return receipt requested, and notified them that my offer would expire in 15 days. It has been 14 calendar days/10 business days (not including the day I mailed them) since they have been sent. So far I have only received 1 return receipt, and absolutely no response from any of them. I am just not really sure what to do, prior to my husband running up a ton of debt in my name I had a squeaky clean credit report. Any and all help would be greatly appreciated. I apologize now for not really knowing any of the lingo - but I am very new to all of this.