I recently got a reply from a DV letter to a CA. They only included some statements, not all of the material I requested. The debt is far out of SOL, and according to lawyers I spoke to though they may TRY to claim the payments I made last year re-set SOL, the fact that it was past SOL, that there was no contract signed by me, and the fact it is a charge-off would make the results iffy either way.
FYI they have the debt listed as $2k, the original debt they bought was $1,300, and they have repeatedly offered me settlements for about 60% of that.
Accordingly, I drafted a PDF/Settlement letter, if anyone has any better ideas I'd love to hear them
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To Whom It May Concern:
This letter is to inform you that the validity of this debt is disputed.
For one thing, you did not provide me with full Documentation as you are required to, among the missing documents:
• Copies of all signed vouchers from the date account was opened until default
• Signed credit application between myself and the original creditor
• Copies of all statements from the date account opened until default
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Professional Coll Consul purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Professional Coll Consul and myself, signed by me, stating that I have a contractual responsibility to Professional Coll Consul for the alleged debt
• Provide proof that Professional Coll Consul is bonded/Licensed for debt collecting in New York State
In any event, this is a time-barred debt (and has been so for at least two years) and any attempt at legal action will be responded to and counter-sued as such.
In the spirit of compromise and to save further wasted time and effort on our respective parts, I am willing to pay $300 on this account if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion).
The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.
If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($300.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.
Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. Collection Agency agrees to never report this account again to any collection agencies, to not sell the account to another collection agency or third-party, or to take any legal recovery action in the future. Payment is considered full satisfaction of the debt in perpetuity.
If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.
Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
Please address all correspondence regarding this account to:
FYI they have the debt listed as $2k, the original debt they bought was $1,300, and they have repeatedly offered me settlements for about 60% of that.
Accordingly, I drafted a PDF/Settlement letter, if anyone has any better ideas I'd love to hear them
****
To Whom It May Concern:
This letter is to inform you that the validity of this debt is disputed.
For one thing, you did not provide me with full Documentation as you are required to, among the missing documents:
• Copies of all signed vouchers from the date account was opened until default
• Signed credit application between myself and the original creditor
• Copies of all statements from the date account opened until default
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Professional Coll Consul purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Professional Coll Consul and myself, signed by me, stating that I have a contractual responsibility to Professional Coll Consul for the alleged debt
• Provide proof that Professional Coll Consul is bonded/Licensed for debt collecting in New York State
In any event, this is a time-barred debt (and has been so for at least two years) and any attempt at legal action will be responded to and counter-sued as such.
In the spirit of compromise and to save further wasted time and effort on our respective parts, I am willing to pay $300 on this account if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion).
The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.
If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($300.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.
Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. Collection Agency agrees to never report this account again to any collection agencies, to not sell the account to another collection agency or third-party, or to take any legal recovery action in the future. Payment is considered full satisfaction of the debt in perpetuity.
If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.
Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
Please address all correspondence regarding this account to:
Don't know if you meant not to put the CA's name in the places marked in red or not, as you did put it in other places. Just wanted to point that out to you. And the written dollar amount. Otherwise looks good.
nyccc2 wrote:
I recently got a reply from a DV letter to a CA. They only included some statements, not all of the material I requested. The debt is far out of SOL, and according to lawyers I spoke to though they may TRY to claim the payments I made last year re-set SOL, the fact that it was past SOL, that there was no contract signed by me, and the fact it is a charge-off would make the results iffy either way.
FYI they have the debt listed as $2k, the original debt they bought was $1,300, and they have repeatedly offered me settlements for about 60% of that.
Accordingly, I drafted a PDF/Settlement letter, if anyone has any better ideas I'd love to hear them
****
To Whom It May Concern:
This letter is to inform you that the validity of this debt is disputed.
For one thing, you did not provide me with full Documentation as you are required to, among the missing documents:
• Copies of all signed vouchers from the date account was opened until default
• Signed credit application between myself and the original creditor
• Copies of all statements from the date account opened until default
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Professional Coll Consul purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Professional Coll Consul and myself, signed by me, stating that I have a contractual responsibility to Professional Coll Consul for the alleged debt
• Provide proof that Professional Coll Consul is bonded/Licensed for debt collecting in New York State
In any event, this is a time-barred debt (and has been so for at least two years) and any attempt at legal action will be responded to and counter-sued as such.
In the spirit of compromise and to save further wasted time and effort on our respective parts, I am willing to pay $300 on this account if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion).
The purpose of this settlement is merely to have this item removed from my credit files. It is not to be construed as an acknowledgment of liability for this debt in any form.
If you agree to the terms and accept this agreement, certified funds for the settlement amount of twenty-five dollars ($300.00) will be sent to Collection Agency in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt. As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.
Collection Agency agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, Collection Agency will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. Collection Agency agrees to never report this account again to any collection agencies, to not sell the account to another collection agency or third-party, or to take any legal recovery action in the future. Payment is considered full satisfaction of the debt in perpetuity.
If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Collection Agency. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.
Your response must be postmarked no later than 15 days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
Please address all correspondence regarding this account to:
