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Non Disclosure Agreement

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On the back of my personal checks I fine-print the statement "cashing this check constitutes payment in full and in doing so, payee agrees to the terms of the non disclosure agreement outlined in my certified letter dated xxxx".

I send the company a certified letter along with the check that explains the following:

I have an account with your company (xxx-xxx). Enclosed you will find check# xxx which is payment in full.

I sign the letter, then emulate every company in America by including smaller print on the bottom of the letter. The small print is the non disclosure agreement. Most medium to large companies have automated systems for processing checks, or employees who separate checks from letters. Letters go in one pile, and checks in another. Normally checks get deposited way before anyone reads the letters. If they read the letter at the same time, they either return the check to me, or cash the check anyway.

In order to prove they received my letter with the NDA, I do the following:

I copy the SASE envelope, green certified mail card, and my personal check on the letter I’m sending, using legal sized copier paper. I make 2 copies and have those both notarized. On MY copy "Copy of Original" is stamped by the notary, on the copy that was sent out, "Original" is stamped.

Since both copies have the green card w/certified number on it, and I will get that card back "signed", there will be no doubt as to what was sent/received by CA. I then get a copy of the cashed check from the bank.

Once I have the cashed check in hand, I send a letter to the CRA disputing the account (I don’t dispute as “not mine”, I dispute the balance. I don't disclose whether the balance is supposed to be more, or less than indicated). When the CRA verifies the balance, and updates with “paid collection” or with a zero balance, I now have a breach of contract claim against the company, because obviously the CA must have informed the CRA of the balance update in violation of the NDA.

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What is the whole point of this? To get them on violations or to get things deleted from the CRAs? I understand the concept but my thought are along the lines of: will this hold up in court and what actions do/will you take after they violate?

Nice idea though

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I sent 5 letters in the past 6 months. One check was returned, 4 checks were cashed and balance updates made to my credit report. After receiving the canceled checks from my bank, I sent a copy of the front/back of the check, along with a copy or the notarized letter and signed green card to the CA. Three companies removed the trade line, one company refused to accept my certified letter.

Once I learned the letter was not accepted, I went to my local courthouse, and filed suit. A week after the Sheriff verified service, I received a settlement offer from the company. In it, they said they would completely remove the trade line from all three CRA's if I dropped the suit.

Knowing I had them over a barrel, I was soooo tempted to counter with a reduced cash settlement and full removal. Not wanting to look a gift horse in the mouth, I caved! I accepted their offer and dropped the lawsuit.

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What is the whole point of this? To get them on violations or to get things deleted from the CRAs? I understand the concept but my thought are along the lines of: will this hold up in court and what actions do/will you take after they violate?

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The whole point is to get the trade line removed from my credit report. The only violation I want to get them on is violation of the non-disclosure agreement. The NDA clearly states that any party violating the NDA will be liable to the other in the amount of 1000.00.

I never had to go to court on any of the violations; however, three companies obviously knew they couldn't win in court, or they would never have deleted the account from the CRA. Maybe they figured it wasn't worth their time, either way, the items were deleted.

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How do you get the print on the check? Do you use a printer?

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I load the check horizontally, and use the smallest font possible without having to use a magnifying glass to read it. My statement can be read with the naked eye; whether companies choose to read it or not is not my problem!

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I cover that issue in the NDA letter. Basically, I include a statement similar to the following:

It is understood and agreed that depositing the enclosed check is the only acceptable means of proving that the debt was paid by debtor, and that any attempt to receive payment of the debt by EFT constitutes a breach of this agreement.

I had one company call me saying that the only way they can get paid is by EFT. I told them that wasn't my problem, and that I need the canceled check because it provides an endorsement or company stamp on the back which proves the company representative viewed the back of the check and had the opportunity to read the statement.

They were really irritated that I demanded the hard copy as proof, but had no choice but to do things my way or send the check back.

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I almost forgot to tell you guys the "cherry on top" technique I use when sending a company a check with NDA statement.

I send the checks "post-dated". I date them for 3 weeks in the future, and if the CA cashes the check before the date on the check, they just violated:

FDCPA Section 808(2) . prohibits accepting a check postdated by more than five days unless timely written notice is given to the consumer prior to deposit.

"Accepting a check" is open to interpretation, because once they sign for the certified mail, they have "accepted" the post-dated check. However, Section 808(4) prohibits depositing a postdated check prior to its date. My personal experience is that most companies don't hold checks for 3 weeks prior to depositing them, nor do many companies verify the date on the check. If they cash it prior to the date on the check without given you written notice of their intent to do so, that's a 1000.00 violation.

Consumers can pursue this violation in court, or use it as a bargaining chip in getting the listing deleted from your credit report.

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