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settlement offer from Discover


littlerebel
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I dismissed a CH13 a few months ago because I could not make the large monthly pmnts. I knew I would have to deal with creditors but, chose the battle with eyes wide open. The bk was originally filed over 3 years ago.

So, all accts have been sold except Discover. The original bal. as filed in bk was approx 8k. I Dv'd when I got the 1st letter from a CA and then Discover sent some rather lame document but I am not trying to fight that one, my issue is, some months later Discover sent an offer of around 6k. I just sat on it for awhile trying to decide on strategy. Now a few weeks later I rec'v an offer from a new CA for around 2k which is more like it.

Opinions please:

- is it time to take the offer and be done?

- I am not as concerned about how it is reported as I am about making sure the bal. is not sold to another CA in the future,what is the best way to respond to the CA?

all advice on this would be appreciated

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IMO, if the latest offer came from a CA...don't accept it. If Discover still owns the account, deal with them directly or not at all. CAs cannot legally speak for the OC and anything they might agree to is NOT legally binding on the OC. It could be these people will just take your 2 grand and you'll still owe discover the rest...

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so should I say or write to Disc, "hey this CA offered me this, do you authorize or stand behind it?" OR, should I just contact Disc. like I did not rec'v the CAs letter and try to negotiate with them using this or similar number. Can CAs just arbitrarily mail out letters like this with no permission or relationship with the OC just hoping we'll be dumb enough to send $ ? Does there not have to be some authority from the OC to begin with? or not.

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If you've got money to work with, call Discover and see what you can work out. If they try to push you off on the CA, I'd tell them "its my personal policy NOT to deal with CAs. I don't trust them. Here's what they told me. Will you honor it?" If they say no, you got your answer.

And yes...CAs can say just about anything they want. If its isn't on tape, it didn't happen. If they've put something in writing, then you can try waving it in front of the OC and, again, see what they have to say.

(You'd be surprised how many people say "oh my god, a bill!! where can I send the check?:)

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well it is just amazing to me that this CA can clearly state in their letter that their client is Discover and yet possibly not have the authority to negotiate. OR maybe I shouldn't be amazed by anything that the laws of our land allow these CAs to do.

I will try your advice, Willing, thank you very much.

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