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Make ettlement offer without receiving verification?


ccposter
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I am on day 73 and day 45 after verification requests with two CA with no response. I am thinking that making a settlement offer with all the proper protections included would be something to do while pointing out that they have not / apparently cannot provide verification and would therefore never get anything unless I settle.

Is there any experience with this? Settlement offer would be 10%.

Edited by ccposter
fix typo in title
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I would send them a follow up letter with a 15 day response period first then follow that up with an intent to sue letter if you don't get anything back.

This is a tough area for sure. Because they don't have to respond to you because all they have to do is argue they sent you a letter within the first 30 days they acquired the debt and you never responded which is in their eyes a legal validation. They don't have to prove they sent you a letter either. The law only says they have to have systems in place to send letters.. (what a joke!)

You could also try disputing the collection with CRA's as this point too. Include the DV letter you sent the CA, a copy of the green card confirming delivery to them and a statement saying they obviously can't validate the debt by their failure to respond and to please remove their negative tradelines from your reports yada yada yada.

It's just a guess really what they'll do. SOmetimes they'll delete it with that sometimes they won't.

You may be able to bluff the CA (or not bluff and actually sue them) with an ITS letter. Regardless what you choose, If you do pay them (no matter what amount) I would for sure have a signed PFD contract with them before you give them any of your money.

Is this a medical collection or credit card or what?

Edited by Hal Jordan
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Maybe I didn't make it clear, I responded withint the 30 days required with a request for verification. I don't understand the reference to "you never responded" - I did respond within the required time frame and have the CMRR and tracking proof. I am thinking of pursuing settlement just to keep from needing to repeat this with another CA if they resell the debt.

This is for credit cards I had to reneg on when I was unemployed for 1.5 years.

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Maybe I didn't make it clear, I responded withint the 30 days required with a request for verification. I don't understand the reference to "you never responded" - I did respond within the required time frame and have the CMRR and tracking proof. I am thinking of pursuing settlement just to keep from needing to repeat this with another CA if they resell the debt.

This is for credit cards I had to reneg on when I was unemployed for 1.5 years.

Credit card.. There's probably no chance they have a signed contract or any of your statements from the OC. They seem to know this.

Since this request for DV was in your 30 day right by law to request validation they must delete it. (A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector's written notice. [15 USC 1692g] § 809(B)

I would send them a follow up letter with ITS language for sure and let them know they are in violation of the FDCPA and point out that you can sue them for violations at $1000 a pop etc.. and then I would provide copies of all this along with dates and an explanation to the CRA's referencing the specific areas of the FDCPA highlighted that show a violation of your rights requesting the removal from your report.

BUT, with that said if you really want to PFD.. offer em a settlement just be careful on the language you use.

I recommend something like this.

----------------------

"This is for your information that I am disputing validity of the debt referred to above. However, I wish to save us both a great deal of time and effort by settling this debt immediately.

Please be aware that this is not an acknowledgment or an acceptance of the debt, as I have not received any verification of the debt. Nor is this a promise to pay and is not a payment agreement unless you provide a response as detailed below.

I am willing to pay this debt in the amount of ($1) in return for your agreement to remove all information regarding this debt from the all three of the major credit reporting agencies (namely Equifax, TransUnion and Experian) within ten calendar days from the date that you receive payment from me.

--------------------

Good luck! Keep us informed as to what happens

Edited by Hal Jordan
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I would send them a follow up letter with a 15 day response period first then follow that up with an intent to sue letter if you don't get anything back.

This is a tough area for sure. Because they don't have to respond to you because all they have to do is argue they sent you a letter within the first 30 days they acquired the debt and you never responded which is in their eyes a legal validation. They don't have to prove they sent you a letter either. The law only says they have to have systems in place to send letters.. (what a joke!)

Statutory law or case law? And how do they prove they have systems in place? They testify that they always send letters out within 5 days? Meanwhile I have to send CMRR?

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The FDCPA just states that collection agencies are required to have systems in place for sending out notification. If push came to shove I'm sure all they'd have to do is testify the have the capability to send out these letters timely and do so for every case they have (which we all know is complete horse ****). But that's good enough to satisfy the requirement set fourth in the FDCPA. Since they don't have to prove they sent you notice but you had better be able to prove you sent them your notice within the 30 day initial period. This portion of the law completely favors collectors and puts a heafty advantage on their side of the court.

After reading some stuff that usctrojanalum posted I have been pouring over this stuff and hipaa related stuff and I've come away extremely disappointed with how one sided this law is and just how it offers minimal protection to us the consumer,,

Edited by Hal Jordan
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I think this line of argument is more than a little alarmist. The letters they send are dated, and as long as you respond with trackable mail or cmrr within the 30 days required imo you are covered both legally and in a practical sense. My own experience as stated above and those of many other people posting on this forum shows that requesting verification stops the process in the vast majority of collection situations. It is also what Oregon Legal Aid uses to help tenants being pursued for "damage" by CAs on behalf of landlords and they say they get no response half the time. I would suspect in the credit card arena it is much closer to 95%. As pointed out above, it is doubtful the requested verification proof exists - in one of my cases the original signed agreement was with a regional bank in 1993 before a merger, so it is doubtful such a thing could be found.

Yes, the law may be vague, but it seems clear enough what the intent is that the CAs are going by it with the letters, and they know better than to call after being asked not to, or to pursue a court action without sending whatever they might choose to call verification. Just showing you know how the law and the system works is probably more than enough, as they have lots of other people who don't to harass.

By the way, I am now on days 48 and 76 with no response.

Edited by ccposter
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