dustman

should i try and do a pay for delete with the OC or the CA?

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Hello,

I have a accound showing up as First point collections collecting for "briley propertys"

In the collections section of my credit report.

The DV and dispute hasent got them they are very sharp. I want to do a pay for delete. Whats nice is that both the collection agency AND the OC briley propertys are here in my city (Greensboro NC) .

So who do i approach to do a pay for delete? THe CA or the OC?

the people at briley propertys are old ladys but boy do they play hardball LOL.

THe debit is for 1900 for a broken lease.

FWIW when i DV the CA the OC sent me the validation in one of their envelopes

THanks for the advice.

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Probably depends upon your situation - what were the circumstances that led up to the debt in question? How much you are able to pay? How litigious the hag team is, whether they sold or assigned the debt, nature and content of previous communication with hag team, etc

So - not enough info for a 3rd party to advice from the outside looking in.

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I had a 12 month lease that was broken 3 months early. Because someone tried to break into my house TWICE. Police was called .. everything. The landlord said (they were probably just loooking for presents!!)anyway we moved back into town because of it.

Anyway i have had ABSOLUTELY NO contact from either the OC or the CA except for the validating the debit. They tacked on all kinds of fees and charged me for replacing the microwave and other things they did WHILE i was there because they broke. Plus a They never call, never write or attempt to collect in anyway. Even now that they have my address they do nothing.

So i dunno its like they dont care if they get paid. i think that mabye the landlord company gets a tax writeoff mabye LOL?

Anyway LMK if more info is needed.

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BTW i did place a rstrictive endorsement on the check for the last months rent. they cashed it and i know that those normally dont hold up but i figured it was worth mentioing. i also heard it called accord and satisfaction,

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so should i deal with the oc or ca on this? It dosent show as charged off but as in collections. What do i need to ask the oc if they still own the accout and i settle with them will the ca stillr eport me to the cra's?

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Did you notify them in writing that you were moving besides the check?

I think you may want to move this over to the Lawyer forum. On a lease, there are many contractual things that may play in your favor. Especially seeing how they showed complete disregard to your concerns for your safety. You probably incurred costs associated with having to move (deposits, etc.).

IMO, you may want to look at talking to a lawyer who specializes in real estate/contract law. Trust me, it needs to be someone who specializes in it. Just ask for a consultation, it'll probably only cost you a few hundred bucks compared to the $1900.

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From my experience, I have found that it's best to settle with the original creditor as they have the power to remove it from the credit report. If you settle for less the amount owed, be careful not to settle for an amount which leaves a $600 balance or more. If this occurs, by law they have to submit the balance to the IRS whereby you will get a 1099 form for you to put this balance amount on your taxes as additional income. Also, make sure that if you either settle or pay the full amount, have a letter stating that the payment is complete and the require a signature that the original creditor will remove it from your credit report. I would not send a final payment without that signature as they can have it posted as "paid" but it will stay on your credit report for 7 years. I have successfully removed three from my credit report using this method.:)++

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If you are insolvent prior to the settlement (liabilities>assests) you would not have to report any settlement difference as income even though they might issue a 1099.

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I thought that too, normie. What happens then is in about a year, the IRS comes to you and says you misreported your income, and adjust your taxes for that year. For good measure, they hit you with penalties and interest.

So, I wrote the IRS and told them I was insolvent. They asked me to prove it, so I sent them bank statements, etc. They told me that my administrative request was denied. Then they told me that if I wished, I could go to the tax court in DC to appeal. Didn't have the money for air fare, rental car, hotel and/or attorney.

I lost. Game, set, match to the IRS.

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