Settling with collectors

[cheetoz49r]

I ran my credit report.  I found out that I have a collection from ERC that were reported on 2013.  They Said it was cable.  I don't remember it until I talk to my nephew.  He open one when he was living with me.   Is there a way that  I can settle with the collectors or company?  How do I go about it?  I want it out of my credit report.  Thank you.  

[fisthardcheese]

The first thing I would do is mail a dispute to the credit agencies and say this is not my debt.  Because it's not, as this was not a service you signed up for.  If that doesn't get it removed from your credit reports, then I would use arbitration.

Which cable company?

I would file an arbitration case citing that they are billing the wrong person.  You never signed for the service.   Cable companies hate arbitration and will likely settle with you rather quickly.  As part of settlement I would ask for the collection to be removed from my credit

[BV80]

@cheetoz49r

Did you sign anything?   Did your nephew open the account in your name?

[cheetoz49r]

That's the thing I don't remember signing anything.  It's been a long time.  I don't want my nephew to get in trouble as well.  I talk to the collector last night and told them I don't remember it.  He said that someone was paying for it for almost 2 years then it stop.  They say I have to get the police involve because it's fraud.  I don't want my nephew to get in trouble.  I rather pay a settlement.  I just need to find out the best way to write them.  

[Clydesmom]

3 hours ago, cheetoz49r said:

They say I have to get the police involve because it's fraud.  I don't want my nephew to get in trouble.

This is accurate.  Victims of identity theft by a relative typically want to resolve the situation without causing legal issues.  There is no way to guarantee that absent just paying the debt.  The perpetrators count on the guilt and desire to avoid conflict when they steal the identity.

3 hours ago, cheetoz49r said:

I rather pay a settlement.  I just need to find out the best way to write them.  

You write and make a settlement offer with all the terms you want and ask them to sign and return the agreement.  If they do then you pay the agreed upon amount.  You can also make a settlement offer verbally and when they agree on an amount then send the settlement agreement with the terms in writing BEFORE you pay.  DO NOT PAY then try to settle.  You lose your leverage.

[fisthardcheese]

Stop talking to the collector, they are not there to help you.

You do not have to get the police involved at all.  This is a civil matter, not a criminal matter.  They are billing the wrong person, simple as that.  It happens all the time and they don't go around arresting people for unpaid bills.  It's not fraud if he was living at that address and had the service, it's a simple "wrong person" collection.

Just file an arbitration case against the cable company and the collector like I suggested and this will all go away.

6 hours ago, Clydesmom said:

This is accurate.  Victims of identity theft by a relative typically want to resolve the situation without causing legal issues.  There is no way to guarantee that absent just paying the debt.  The perpetrators count on the guilt and desire to avoid conflict when they steal the identity.

"Just pay your debts [even if they aren't yours]" - the mating call of collectors.

[Clydesmom]

3 hours ago, fisthardcheese said:

You do not have to get the police involved at all.  This is a civil matter, not a criminal matter.  They are billing the wrong person, simple as that. 

Well I see your reading comprehension skills have not improved.  Go back and read the first post AGAIN:

On 4/17/2017 at 10:27 PM, cheetoz49r said:

I don't remember it until I talk to my nephew.  He open one when he was living with me.  

The OP lived in the same house with the nephew that opened the account.  The OP is not only aware of the account now that he discussed it with the nephew/roommate but also said:

14 hours ago, cheetoz49r said:

I don't want my nephew to get in trouble as well.

This tells me the nephew may have used the OP's identity to open the account but even so the OP said "he didn't remember signing anything" which means he COULD have agreed to the account.  Since the house was his the cable company can EASILY make the argument he lived there, consented and benefited from the service therefore the debt is his responsibility.  That happens quite often with cable and utility services.  You also don't know that the OP didn't agree to the service you simply ASSUME the cable company just randomly picked him out for a bill and sent it.

3 hours ago, fisthardcheese said:

"Just pay your debts [even if they aren't yours]" - the mating call of collectors.

"Just run up hundreds of thousands of dollars in debt and walk away.  You have no legal or moral obligation to pay your debts" -  The mating call of DB professional deadbeats.

[BV80]

@fisthardcheese

I think the OP needs to get a copy of the bill.  If it's in his name and shows his address, he's going to have a hard time claiming he's the wrong person  unless he brings up his nephew which he doesn't want to do.

[Clydesmom]

16 minutes ago, BV80 said:

@fisthardcheese

I think the OP needs to get a copy of the bill.  If it's in his name and shows his address, he's going to have a hard time claiming he's the wrong person  unless he brings up his nephew which he doesn't want to do.

THIS^^^^^^^^^^^^^^^^^^^^^^^  In identity theft situations (though they shared the house I am sure the OP figured out at some point in the 2 years the bill was in his name) the relative BANKS on the victim not wanting to press charges or cause family strife.  It is how they get away with it repeatedly.

[cheetoz49r]

I just want to settle it.  I just need to know the proper way I can make a letter of settlement with the collection agency.  How should I ask for a settlement?