excursel Posted November 22, 2007 Report Share Posted November 22, 2007 I dv'ed the attorney for cacv and was given a proof of ownership doc and the last 2 statements of account with no activity. I was given a notorized doc from cacv of assignment.And a general contract agreement from the card.I asked for proof of ownershipp in a signed original agreement this was not supplied.What should I do he wants me to contact him within 5 days?should i call him?should I make an offer to settle and state clearly I am not in anyway admitting ownership of the amount but yet offering an amount to settle for to get them to leave me alone?Or should I write him and include the first letter and again ask him for a signed copy of the origianl contract or application?What can he do at this piont and what will he want??what is a good offer to make?debt is 2584.00 plus 3 years of intrest the agreement he sent does not specify court costs or attorneys fees nor does he. Oh yeah and his response came regular mail, not certified.Thanks Excursel Link to comment Share on other sites More sharing options...
montanatim Posted November 22, 2007 Report Share Posted November 22, 2007 My observations.... Yes he can file suit anytime he wants. I do not know, and can't tell from your posts, but it sounds as though Providian assigned this account to one CA. Then pulled it back and reassigned to another. Then maybe pulled it back and to yet another, perhaps then back one more time and sold it outright. Is this what happened? If it is, your chances in court are slim at best. The best weapon we have is their faulty record keeping from one hand to another. In the above scenario their chain of custody would be tight. Because it was never more then once removed from the OC, even now. Settlement sounds like a good option on this one. Do call if you wish, settlement is a game of haggling. Gut shoot 'em. offer 1/4 or 1/3 or something and go from there. Even better if you have cash to back the offer. If you do reach an agreement do not pay until you have it in writing signed by him on his letterhead. Take notes of the conversation or record, when the agreement arrives read it carefully to be sure it is what you agreed to. If he files suit they'll probably get attorneys fee's. The advantage for you is that if a payment schedule is brokered by the court, it leaves little room for them to try to pull any fast ones on you later. As per federal rules, settlement offers are not admissible, most states have adopted these rules almost verbatim, check how ever,yours could be the exception. Link to comment Share on other sites More sharing options...
excursel Posted November 22, 2007 Author Report Share Posted November 22, 2007 the account was sold right away to cacv and has been theres since 2004 they have had 1 agency try to collect it. and not have this local attorney trying to collect it.what if I contact him via phone letting him know I am sending a certified letter to him. Then send him a letter not taking responsability for the debt but offering to settle for 25% as long as I have my paperwork in line will this help if he goes to court?If he returns me a letter giving me a counter offer what should I do?I guess I am trying to stay out of court I can get the cash if nessacary to pay but the lesser the amount the better.He has yet to disclose an actual total amount due nor threatened suit in this letter, so does this show some sort of motion he would like to discuss this and work something out? Link to comment Share on other sites More sharing options...
excursel Posted November 22, 2007 Author Report Share Posted November 22, 2007 you stated payment schedule brokered by the court does this mean he may get force into letting me make payments versus him getting to garnish my wages? Link to comment Share on other sites More sharing options...
montanatim Posted November 22, 2007 Report Share Posted November 22, 2007 Settlement offers as a general rule are not admissible. That means they cannot use them against you in court, unless yours is one of the rare places they are admissible. Won't help you,won't help him. If he makes a counter offer, agree if you like it. Don't agree if you don't, send a counter offer, back and forth like this until you reach a mutually agreeable deal. I would explain that you would like to know the bottom line of what he's trying to collect. Try to get this in the phone call telling him of your pending settlement letter. Payment schedules are a possible out come, it's also possible they will get it all due and payable right now. It's a crap shoot. They'll get an asset accounting out of you. You just said you could pay if really pressed so settlement still looks like best course to me. I'm sure he would like to settle and not go to court. This could be because his case is weak or cause he hates court or, you fill it in................ no telling really. It just sounds to me like settling is the best option here. I've been wrong plenty before though. Link to comment Share on other sites More sharing options...
excursel Posted November 25, 2007 Author Report Share Posted November 25, 2007 so whats the best way to tackle this how should I proceed? does he have to provide me with a orignal signed contract? the only bills he has sent me show no payments. Link to comment Share on other sites More sharing options...
montanatim Posted November 26, 2007 Report Share Posted November 26, 2007 He's probably provided you with all the paper he feels is needed to validate, this could be argued in court if you feel he did not. If you want further documentation go ahead and ask him, I bet you won't get it. You'll be able to do discovery if you go to court.You said you wanted to avoid court, you also said you didn't know the full amount of what he says you owe. Either call and get an amount out of him, so you can send a written settlement offer,or you can wait to be sued. If for some reason you do not want to wait to be sued,call and tell him you won't pay him or anybody else, and that you'll see him in court. Link to comment Share on other sites More sharing options...
excursel Posted November 26, 2007 Author Report Share Posted November 26, 2007 ok so I spoke with attorney he wants to charge 20% interest at 3 years in missouri court maximum is 9% he quoted 4160.00 offer to settle for what the courts would award them in judgement 3300.00.I offered 30% of original debt no intrest-$740.00he says his client won't accept that. I told him I still had not gotten a signed contract to so me proof of debt as requested in my first certified letter.No threats of court offered me payment plan and or lump sum option.My buddy collects debt for a living and states not to send him this offer in writing but call him back on the 30th and offer himm 40% of original debt no interest= 1033.00 cash and offer to drive it to his office. He says it is the last day of the month and will most likely accept it.at that piont if all else fails send him my offer in writing to both the attorney and CACV so they know I have made offer but to clearly state you still do not accept this debt but instead are making a good faith offer the resolve this matter for both parties.Tell me what you guys think please help me with some input! thanks excursel Link to comment Share on other sites More sharing options...
montanatim Posted November 28, 2007 Report Share Posted November 28, 2007 It's your ball, pass it, kick it, or run it, your choice. Link to comment Share on other sites More sharing options...
brokeinok Posted November 28, 2007 Report Share Posted November 28, 2007 Is this item on your credit report? Are you concerned with your credit scores? That should be a factor in your decision. If you want this deleted off the report, that needs to be written into the settlement agreement and make sure the lawyer signs it! Link to comment Share on other sites More sharing options...
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