This is a long one...need help

[Randysbarb]

I need a letter for C & D, Past SOL and possible settlement!

This was for bills from my sons doctor. Balances from 4 different dates with the last one being May of 2000. The total is only $74 and I can pay it but when I disputed through experian and EQ, they called me at work. The guy calls and tells me....

"Mrs. H, this is Chad with Merchants Collections". I replied, "um hmm". He says "I am sorry for contacting you at work but this is the only number I have for you". When I didn't reply, he says "I am calling you regarding a debt for Dr. J R.... which you recently had verified through the credit bureau." (The only place I disputed this was EQ and they haven't even marked it in dispute. Just disputed it last week.) I replied with just "yes". He then says, "Mrs H, I would like to help you take care of this and I can offer you several ways to settle it." I said, "I'm interested, tell me what ways I can get this taken care of" He says, "I can take a debit or credit card over the phone, you can mail me a check or you are welcome to bring this into my office.......Are you going to pay this debt?" I replied with "So tell me how I can get this debt taken care of" He started getting really smart then when I wouldn't answer him. I told him that I was more intested in getting this off my credit. Then I hear a beep and a voice comes on saying "THIS CALL IS BEING RECORDED". I was getting really P O'd and told him that I was certainly glad that he was recording this call because about a year ago one of his co-workers had called me at work and called me a non-paying scum. He of course denied it and told me that I was getting very upset and that my total attitude had changed since he had started the recorder. He told me that when I calmed down I could call him...at 864....I interupted (very sweetly I might add) and told him that I was still interested in getting it taken care of. He just kept reciting his phone number and I hung up on him.

I did a search of the company Merchants Collections in Anderson, SC through the BBB and they have an unfavorable listing with them.

So...I guess I want to settle for deletion because I'm sure that they can validate as when I called the doctor, they gave me exact dates and amounts I owe. But I want them to know that I realize it's past the SOL and I DO NOT want them contacting me except through the mail.

Anyone with any suggestions for a letter to this effect?

[sisflomi]

I need a letter for C & D, Past SOL and possible settlement!

This was for bills from my sons doctor. Balances from 4 different dates with the last one being May of 2000. The total is only $74 and I can pay it but when I disputed through experian and EQ, they called me at work. I did a search of the company Merchants Collections in Anderson, SC through the BBB and they have an unfavorable listing with them.

So...I guess I want to settle for deletion because I'm sure that they can validate as when I called the doctor, they gave me exact dates and amounts I owe. But I want them to know that I realize it's past the SOL and I DO NOT want them contacting me except through the mail.

Anyone with any suggestions for a letter to this effect?

Name

Address

CA

Address

Date

Certified Mail No: _____________

Re: Account # _____________________

Greetings:

Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is disputed.

The Rules of Civil Procedure for the State of South Carolina provide a Statute Of Limitations limiting the time frame for any legal collection activities.

Under the State of South Carolina Code §15-3-530 the subject account has a 3 year limit for filing any legal action for collection.

The starting date of the statute of limitations is as follows:

The later of the date of last activity, or the date of first default with the ORIGINAL CREDITOR of the subject account.

Records indicate that the date in question for account #___________ with (creditor) is ___________.

This notification is formal notice to you that any filing of such action by you, or your representatives or assignees, is therefore time-barred.

Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions.

807. False or misleading representations

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(2) The false representation of-

(A) the character, amount, or legal status of any debt; or

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply as well.

I request that you limit all communication in regards to this account to United States Postal Service only. I am not allowed calls at my place of employment, and chose not to accept calls at my home. I am making this request under the FDCPA:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

You are hereby instructed not to call my place of employment, or my home or cell phone phone numbers. All communication must be done through the mail. I reserve the right to to file charges under applicable federal and state law if these requests are not met.

I can however save us both some effort and time by “settling the debt out.” Below is my offer. It is not a renewed promise to pay nor does it constitute any agreement unless you sign and return it. Note, I have not agreed yet that this debt is mine and have the option to seek further proof from your agency of this debt. It also has come to my attention that your agency regularly purchases debts in the course of doing business.

Suffice to say, you hold all the rights to report the debt to the credit bureaus as you see fit and you can change that listing at any time as the source reporting the debt.

I am sure you are aware of my right to dispute this debt and request full proof of the obligation. Paying this unverified debt to you means little to me if we cannot mutually agree that you will report the debt as mentioned below.

While I realize that your purpose is to collect debts as a collection agent, I am also aware of what a paid collection would represent for me, which is not favorable. That being said, I have concurred through the bureaus that you have the absolute right to report this debt as you see fit or not report it at all.

Please do not quote to me that you are unable to change the listing or I will be forced to cease and desist our communication and request full lengthy verification of the debt.

My goal is to arrange a term acceptable to both us since this debt is questionable.

I will pay your company the amount of $XX.xx as payment in full for the full satisfaction of this account. Upon receipt of the above payment, your company has agreed to delete the entry on my credit reports.

If you concur with these terms please acknowledge with your signature and return it to me. You agree the terms herein are confidential and that you have the authority to make such decisions. No payment will be made without written confirmation.

Upon receipt of this signed acknowledgment, I will immediately mail you funds via priority mail. This is not a renewed promise to pay but rather a restricted offer only. If no terms can be met, no new arrangements will be made and the offer will be void.

Name of Creditor:

Signature of Company Officer:

Date:

Sincerely,

Your Name

[Randysbarb]

Thanks so much sis!

[md]

Sis,

I am not dealing with any CAs, but like the letter so much I may send it to one just to use it.

[timbercreektech]

You can also try the HIPPA route. See post

http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=9023&highlight=hippa

I have sucessfully removed 2 collections from my CR's. With this route, you do not have to talk to any CA's and the OC's are glad to get paid. Also, many medical organizations are not up on the 'HIPPA' consequences that can incure and would rather retract collection activity than risk court or fines or even investigation. Whats nice about this is also the CA's hate when the OC's retract collections.

[Randysbarb]

Thanks timber...I might just try that too.