Jump to content

SETTLEMENT WITH A CA THAT IS AN ATTORNEY OFFICE


NJMISSY
 Share

Recommended Posts

I have read through your postings and found alot of helpfull tips. I am curious about one thing though. I have recently been able to afford to settle with a CA-which is owned by an attorny. ( The OC sold the acct to this CA) When I sent in the agreement letter to the attorney's assistant he called me stating he could not sign this agreement due to the fact that I had requested they delete any negative entries on my CR. They have no problem with stating that the acct is Paid in Full, but made it very clear that it is illegal to remove negative entries on the CR. Is this true? Should I just accept the Paid in Full on the acct and can I get the OC or the CA or delete of my CA?

Any help is welcomed and I would appreciate it greatly.

thank you

Link to comment
Share on other sites

It is NOT illegal for an OC, CA, or JDB to remove an entry from a credit report. CRAs are not government enitities and their information is derived strictly from what they are told...

But...CRAs do try to discourage OC, CA, and JDB from deleting entries because the CRAs make their money by claiming that their records are complete.

If the JDB owns the account, then they can't do anything about the OC entry, but they can delete their own. If they don't delete, you have much less incentive to pay them anything...leaving their negative entry on your reports will really hurt.

Incidently, the OC should be reporting $0 balance with "charged off / sold to another lender"...anything else is against the FCRA.

Link to comment
Share on other sites

Then is it in your suggestion that since the OC is reporting the acct as $0/chargeoff that I should just try to get the attorney's office to get the acct. to Paid in Full. Then try to get the OC deleted from the CRA since it would be reported twice on the report and that two entries on the same thing are not supposedly allowed.

I quess I would like to know if it would be in my best intrest to send the letter stating that the acct is paid in full with the attorney's office or should I try to keep insisting that they delete any negative entries on my CR. I am not sure what to do.

Where can I get the info to prove to the CA that it is not illegal to delete any negative entries on the CR. I have tried to look on the FTC website but can't seem to find anythig. This info would be of great help.

I know it sounds like I am repeating myself and I am sorry. I guess I am just so tired of dealing with these people. My ex had a gambling problem and decided to use MY credit cards for his habit. Needless to say I got stuck with all the bills and him well he got off scott free. So this is the last bill left to pay and I want to make sure I settled this one right. Sorry for any inconvience and thank you for your advise. Like I said I want to send this check out and be done with it I just want some advice what to do.

Link to comment
Share on other sites

NJ? Jersey?

Anytime I have someone on the phone who appears "challenged" I get them off immediately because they are a waste of my time. No offense to those "challenged" but this is important and you should speak to someone who knows a little about the law if you're calling a law firm.

Don't waste your time doing research but call back and tell them to put a manager on the phone and explain what you want to him/her. You should be able to get what you want especially if you are agreeing to their offer.

Keep in mind too that you are asking them to go out of their way for you so its really a matter of laziness. If that doesn't work then I would look into other options such as disputes with the CRA's etc. but that is not my arena.

Link to comment
Share on other sites

Hmmmm....in my opinion, it is NEVER a good idea to talk with a CA on the phone. ALWAYS communicate with a CA ONLY in writing. Their whole business depends on getting people to do things that they might not have to do...so, they lie just for practice. So...don't call...write...and do it CMRRR so you have proof they received the letter.

And, second, you don't really say if you've done the DV process on these guys yet. If not, the next letter you send them should say "...upon further reveiw, I don't think I owe you any money. Prove to me that you have the right person, the right account, the right amount, and the right to operate in my state. If you claim to have purchased this debt from someone else, provide me with proof of that transaction along with all pertinent details." Some will say that having sent an agreement letter to the JDB means you admit the debt is yours...not true...all it proves is that as a "least sophisticated consumer" under the FDCPA you were intimidated by a JDB lawyer. Now that you know your rights, DV them.

Just because you owed someone money at some point doesn't mean these guys have the right to collect. Offering them money to go away is like throwing blood in the water with a school of sharks around your boat. The first shark feeding proves to the others that your boat has more blood. If you settle with a JDB (who you might not owe anything to anyway), they're likely to sell the balance to another JDB.

Link to comment
Share on other sites

Of course it is much easier to put things in writing and mail as opposed to calling ...who in their right minds wants to talk to these people but it appears that there is an offer on the table this person wants to accept. Offers have time limits and now since she is straight negotiating and has them thinking they are going to collect it would be easier to call to get it done and not risk the opportunity of getting a letter in a few weeks saying that the deal is off and making things worse for herself. Sending letters in most cases shows fear. This person is in NJ. Have you ever argued with a Jersey chick?

Don't get me wrong, DV's CD's, things like that send CMRRR don't bother wasting your time or dime. But, when you are discussing a settlement I would always do it over the phone and get it in writing 100%.

Just keep the conversation on the one thing you want and do not answer any questions not related to your goal.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.