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Do I pay and settle or NOT


chocolate
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I am very sorry, but I have no idea what you mean by only one company has to put disclaimer on their letter ?

 

You saying they can send you a fake AFFIDAVIT ?

 

What you mean they lost the lawsuit who did ?

 

I am sorry I just did not get what you saying or understand your respond ?

 

sorry again.

Thanks

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@chocolate

 

I am very sorry, but I have no idea what you mean by only one company has to put disclaimer on their letter ?

 

 

A JDB named Asset Acceptance was sued by the FTC and is now required to include a disclaimer in their letters for debts that are outside the SOL.   No other JDB is required to do so.

 

 

Her is another volition,  and it big one they tried to make it look like I was serve  AFFIDAVIT  . The affidavit I received had no case number or court day nothing . I think they where trying to scare me . Never heard from them again this it was back in 2012.

 

An affidavit is merely a statement(s) made under oath.  It's not a pleading or a motion that would require a case number on it.  Also, affidavits are not always made for court.  They can be made just in case they were ever needed for court. 

 

Was the document signed by a notary and does it show a notary's seal?

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Ok,  there is a line where it saying  Notary Public and the is a signature under it, but I do not see a Notary's seal at all .

 

On the bottom of the page there is this small stamp it just saying the name of the county with no date or name of the notary nothing. 

 

I really think that was no Notary involved just someone sign it in their office. it looks like the same employee who signed his name down  also signed under the Notary line because I can see little match in their signature.

 

That why I am saying it fake AFFIDAVIT  and it should be violation.

 

What you think  now ?

 

You said  Asset Acceptance  they are the only ones who needs to put down the age of the debt because they got sued. 

 

Ok, let say Asset Acceptance wrote the first settlement offer letter with debt age on it and it saying : because of the age of debt we will not sue you than they tried another settlement letter , but this time did not put down any thing about the age of the debt will that make it violation  since they already got sued for that   ?

 

What you think

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@chocolate

 

Ok, how about the other Violation you did not answer  that one that the did not include the age of debt on second letter ?

 

 

That's what I said about the FTC.  It's not anything for which you can sue because Asset was ordered by the FTC to include the disclaimer.  It's not included in the FDCPA.

 

About the affidavit, when did you receive it?

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Do you know why the collection send me 2 settlement offers twice in 2 month after they told me that they only send one a settlement offer with

 

80% discount one time in life time , but they did it twice in 2 month with the same 80% discount and especially when I responded with different 

 

settlement offer that did not take ?

 

Thanks

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  • 2 weeks later...

I have a question please ?

 

When the collection reports on you credit report for 7 years or something like that . after 7 years it goes a way from your credit report .  So if that collection sells the debt to another collection can the new collection who bought the debt start reporting on you credit report and than you have to wait another 7 years for it to drop off your credit report.

 

is this mean every time a new collection buys the debt they will start reporting on your credit report ?

 

Thanks so much

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@chocolate

 

The 7-year period starts on the date of first delinquency given by the original creditor.  When that period has passed, all entries for that debt (OC, CA, and JDB) are deleted, and no new entries for that debt can be placed on your CR.

 

Example:

 

Date of First Delinquency:   06/01/2007

 

JDB buys the account in 2013 and places an entry on your CR.  OC's entry falls off in 2014, and the JDB's entry must fall off as well.  Any JDB who buys it after that cannot place an entry on your CR.

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Hello again,

 

If you were to settle with JBD, it will not change the date the entry was originally scheduled from Original Creditor to fall off your CR is this true ?    Or those it  start  the seven year at all over again from the date of your last payment to the OC ?

 

Thanks

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  • 2 weeks later...

The 7 year time-period only happens one time.  It starts when the OC charges-off the account.  7 years later, no one can report this same debt. No matter when you last made a payment or who is reporting it on your credit reports. No matter who is reporting it, they must remove it after 7 years from the OC charge off.

 

I would also recommend NOT to settle this account.  You should look up your state's Statute of Limitations for this type of debt.  If it is past the SOL, then they can't sue you.  And after 7 years, they can't report it, so this debt will officially be dead.  Also, even if it is still within the SOL, I still would not settle because they sent you that letter saying they will not sue.  If they do happen to try to sue you, then I would use that letter as evidience of an FDCPA violation and counter sue them.

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  • 4 months later...

Do you think will be a good idea to send a copy of a settlement offer that the collection send me with my dispute letter about Obsolete; incorrect information about the collection account the reason why I am thinking about sending the settlement letter copy because it has this words on it and this what it said :    Because of the age of your debt , we will not sue you for it. If you don't pay the debt, we may continue to report it to the Credit Reporting Agencies as UNPAID. 

 
I am thinking my be if the see that the collection saying that the debt it past the age my be they will have a proof and remove it especiall if the OC  not reporting any more also.
 
What do you think about this please ?
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