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tarbaby
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I copied Elsyes letter and tweeked it a little..so does this cover everything???

OSI Collections Services Inc

PO Box 952

Brookfield WI 53008

September 14, 2007

Re: Acct #

Dear Sir or Madam:

This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form.

I will pay your company the amount of $***.00 (***dollars) as full settlement of this account.

If you accept this agreement, I will send you a money order, certified cashiers check, or pay-by-phone with a credit card for the settlement amount of $***.00 (***dollars) in exchange for a full deletion of all references regarding this account by your company and any affiliates from my credit profile and full satisfaction of the debt. This agreement is binding and will be void should you not hold up to your end of the agreement. At this time I do not see that you have listed this account with any of the three credit bureaus. But if it has since been added then the debt will be deleted from my credit profile at all three credit bureaus, or the bureaus your company regularly reports to in the course of doing business. And your company agrees not to sale or transfer the remainder of the balance to any other company.

If you agree to the above, please acknowledge with your signature and return a copy to me. Upon receipt of this signed acknowledgment, I will promptly send you a money order, certified cashiers check, or pay-by-phone with a credit card in the amount stated above.

Notice: This agreement is restricted. This is not a renewed promise to pay, but rather a restricted settlement offer only. By not signing below, you agree that the debt has not been renewed nor have any concrete written agreements been exchanged.

Thank You. I look forward to resolving this matter in the best interest for both of our parties.

Date:_________________

Name: _________________________________________

Title : __________________________________________

Creditor’s Authorized Signature: ________________________________________________________

Best regards,

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here's one is sent without a response yet...

Dear Collection Manager:

I have learned that you claim that I owe a debt to your collection agency. I must note that I have not yet verified this debt as legitimate and, as you are undoubtedly aware, I have a full right to do so under Fair Debt Collection Practices Act. However, I will try to save us both time and effort and settle this alleged 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. Again, I have not agreed that this debt is mine and have an option and a right to request further proof from your agency regarding this debt. I also know that your agency regularly purchases debts from creditors.

Needless to say, you have the right to report this debt to the credit reporting agencies as you see fit and you can change this record status any time as the debt source reporting. You have also the right not to report it at all.

I am sure you are aware of my right to dispute this debt and request a full proof. I will not pay this unverified debt or any portion of it to you, unless we can agree that you will report this debt as mentioned below.

I know that having “PAID COLLECTION” status on the credit report would be very detrimental to me. Please do not tell me that you are unable to change the status or I will simply stop communicating and request full verification of this debt.

My goal is to come to mutually acceptable terms since this debt is questionable to say the least.

I will pay your company the amount of $445.00 as lump sum PAYMENT IN FULL for the full satisfaction of this debt. Upon receipt of the above payment, your company agrees to change the status to the "PAID AS AGREED" with all credit reporting agencies. You further agree to remove all previous notations of any delinquency related to this account.

If you agree to these terms please acknowledge this with your signature and return it to me. You agree that the terms herein are confidential and 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 send you funds priority mail. This is not a renewed promise to pay but rather a restricted offer only. If all the terms can not be met, no new arrangements will be made and the offer will be void.

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§ 1‑26. New promise must be in writing.

No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or interest.

There is NC caselaw to support the argument that a cash payment can be conditional, see e.g. Battle v. Battle, 21 S.E. 167 (N.C., 1895), but be careful. I would want to have an attorney review these kind of letters.

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huh? what do you mean nascar?

Plain reading of N.C.G.S. 1-26 says that ANY payment of principal or interest will restart the SOL. It does not give exceptions for partial payments or payments sent in combination with the conditional "this is not an acknowledgment" clause. Any payment of principal or interest will restart the SOL.

Now, that being said, there is North Carolina caselaw that interprets the statute differently. There are a handful of cases, dating back to Battle in 1895 that allow, under certain conditions, for payment to be made without restarting the SOL (specifically disavowing the debt for instance). But, in the hundred years since then, none of this caselaw has been codified.

I see lots of these letters floating around (PFDs and the like) offering to pay a certain amount for this or that, while at the same time claiming not to be a payment or new promise or whatever. Simply adding those words to a payment doesn't necessarily make it so.

I just wanted to caution you that it would be wise to have an attorney's advice on the legal effect in North Carolina of your offer to pay. Better safe than sorry.

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oh. ok. i was just thinking about trying a pfd like others have done. thought thats what we should do...

as for paying for something thats not mine...most pfd letters state that this isn't an acknowledgment of owning the debt. but in this case and in a few more that are on my report....the debt is my dxh. so i am liable by default i guess. :roll:

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