freeatlastt Posted October 10, 2008 Report Share Posted October 10, 2008 My debt was Validated and I want to try a settlement offer.I have tried to do a pay in full for delete but they wont delete just update as paid in full. They will not budge. So why pay the full amount then.I'd rather do a settlement offer but don't know how to go about it.This is to Midland and what I owe is 3,074.00. What should I start with maybe offering them 900.00? Will they laugh at that offer? What is a realistic off they will take?Should I call them with is offer first or do it by writing?The SOL is not up till Oct,2009. Link to comment Share on other sites More sharing options...
rivergone Posted October 10, 2008 Report Share Posted October 10, 2008 what did they verify with? and did you verify with them in writing that it for sure was you'r debt? and I have read that once you make offer and if they dont take it they can use it for suit as confirmation of addmition of debt. on many post here they advice to 25% of debt for start. in our experience we tried to settle with in almost sol bebt at 50% w/jdb never heard back they served us insted and then never showed we won on defult. they verified with about six statement from oc. and they actually had my hubbys addmitions that it was his in writing. i of course was not aware. thats when i found this site. and the rest as they say is history. hope that helps good luck! Link to comment Share on other sites More sharing options...
nascar Posted October 10, 2008 Report Share Posted October 10, 2008 Will they laugh at that offer? It's better than the $0 I would offer them. Link to comment Share on other sites More sharing options...
retmar Posted October 12, 2008 Report Share Posted October 12, 2008 A few things here to look at.If Midland has reported this to the CRA's, do you have, in writing, that they reported this? If not, you have them in violation of both the FCRA and CCC 1785.26(. This is actionable in court.As another mentioned, what proof did they give you? If it is on their letterhead, it is not proof. Midland is a JDB. They must prove debt on the letterhead of the OC. Their own computer generated "proof" does not meet the minimum requirement.Let us know, then, we can move to get this done for you. By this, cause them to go away, or settle for the amount you offer, as well as deletion of TL. Link to comment Share on other sites More sharing options...
freeatlastt Posted October 13, 2008 Author Report Share Posted October 13, 2008 the proof that they gave me was just 1 page of a copy of a statement that had the charge off amountalong with the OC name address and my name and address you know like a bill. It was not the ACTUALLY statment but a COPY. It took them that long. Some say that all they need to send you is the OC name your name and amount. Anyhow I would like to settle but dont have the full 3,074. they are asking for. I just have about 1,600 to give them. The SOL on this account is up on Oct,2009, I know this because I checked my CR and it says first deliquent payment was October 2005.Im wondering if it's so close to SOL they would take the settlement offer or laugh and just sue me.Im wondering if they still try and sue me will the Judge look at the settlment offer I sent them and get mad at them for not working with me.I just don't know what else to do because i dont have anymore to offer them.Thank you for your help. Link to comment Share on other sites More sharing options...
rivergone Posted October 14, 2008 Report Share Posted October 14, 2008 the proof they have would not stand in court because they would have to authenticate meaning they would have to provide witnesses from oc and how account was calculated and by who[ bookkeeping] and they have to proove ownership [legit] of debt. personally i would write them a letter telling them that does not meet dv standards. you want contract signed by you, calculation of how the amount came about, proof of ownership of the aledge debt. if they don't have that and I doubt they do. then i would offer them like nascar said $0. I would not be scared of court if anything if they were to file i would file for dismissal for lack of. do not addmit even if yo do try to settle. dont help them thats what they are looking for. good luck! Link to comment Share on other sites More sharing options...
freeatlastt Posted October 14, 2008 Author Report Share Posted October 14, 2008 my other question is... Why does it STILL say no statues if this Collection agency claims they already sent me Validation of the debt?Does this just mean the are awaiting for an answer or payment from me to update it on my credit report????? MIDLAND CREDIT MGMTAddress:8875 AERO DRSAN DIEGO, CA 92123(888) 403-6206 Account Number:... Original Creditor:FCNB-SPIEGELAddress Identification Number: 0567807654Status:NO STATUS.Date Opened:12/2007Date of Status:12/2007Reported Since:12/2007Last Reported Date:N/AType:NATerms:1 MonthsMonthly Payment:N/AResponsibility:IndividualCredit Limit:N/AHigh Balance:N/ARecent Balance:N/ARecent Payment:N/AYour Statement:Account in dispute under Fair Credit Billing Acts. Add a statement Link to comment Share on other sites More sharing options...
rivergone Posted October 14, 2008 Report Share Posted October 14, 2008 If i were you i would also dispute it with all three credit reports as being inacurate they have no DOFD by fcra standards that is a violation. that would also tell me they have no real evidence of this bebt. read sample letters on this site and use as templets make it simple and to the point. dont worry about what they [jdb] are thinking they just want you'r money with no ? asked if you dispute this legally they will go away! Link to comment Share on other sites More sharing options...
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