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Den

Sued by Cap1. trying to get settlement

2 posts in this topic

Hi everyone,

Trying to settle a debt with collector agency, who is suing me on behalf of OC (Capital One)

Made an offer by " pay for deletion" letter and received a counteroffer by phone.

The lady told me that they're counteroffering "amount", but didn't answer my questions about other terms of my  "settlement offer", that includes, of course, removing all negative marks from credit report...

But then, she said, something like, I'm not sure about that, we don't report anything to credit bureaus... you need to contact the original creditor directly...

I think I can get it settled, but my question is:

1) If they will not agree in writing to remove "negative marks" from my credit, but "case" will be dismissed with prejudice, in which case I will be considered as the winner, will I be able to ask credit bureaus to remove all negative information regarding that account?

2) If the answer for 1st question is "No", then how to make them add those terms to "settlement agreement"

I'm also considering to go to the court and even if they will be able to get a judgment against me, it will be really hard to collect from me... I'm self-employment with low income and no assets. I'm sure all my property is exempt from collecting.
Any ideas on how to use it as a leverage in settling?
PS: I don't want to just tell them that I don't have money etc.. they hear it every day...

Any help, thoughts, and ideas will be appreciated!
Thanks for any help!

 

 

 

 

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33 minutes ago, Den said:

1) If they will not agree in writing to remove "negative marks" from my credit, but "case" will be dismissed with prejudice, in which case I will be considered as the winner, will I be able to ask credit bureaus to remove all negative information regarding that account?

You won't be the "winner" because the case will not have been decided on the merits. You can try to use the dismissal in requesting deletion, but you should expect Cap1 to respond with what I said about the case not being decided on the merits, and it's unlikely the CRAs will delete. 

33 minutes ago, Den said:

2) If the answer for 1st question is "No", then how to make them add those terms to "settlement agreement"

You can't, and they won't. Cap1 never agrees to pay for delete because people come to these message boards and run their mouth.

33 minutes ago, Den said:

I'm also considering to go to the court and even if they will be able to get a judgment against me, it will be really hard to collect from me

They don't care. It maybe difficult to collect from you today, but the way they see it you may inherit $1 million in a year, and their judgement will be first in line to collect what's owed. 

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