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A Twist to a Settlement Letter

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John060675
Valued Contributor

A Twist to a Settlement Letter

Dear Forum Members,

 

I have been writing a settlement offer letter to a collection agency once a month for the past 4 months, and they have not answered any of these letters.  I have proof of their receiving them, and I am able to see who signed for them.  For this reason I obviously know they are just ignoring my letters.

 

I was thinking of writing a letter to them basically saying the following:

 

"I see you have received my settlement letters on (date), and I would like to thank you for not rejecting my offer.  It is nice to see a company working with a client in such a bad economic environment.  I just wanted to let you know that I have the amount of money listed in my settlement letter that you did not reject waiting to be sent to you for settlement on this account.  As the settlement letter stated, I just need a letter sent to me on your company letterhead stating the offer that you received from me. Thank you again for not rejecting the offer.'

 

I know this letter is choppy, but it is a really rough draft which I hope to get your thoughts on.  My hope is to get a response from them, or at least have ammunition showing a court (if they ever sue me) that I have reached out numerous times without a response from them to work out the debt.

 

Thank you.


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Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: A Twist to a Settlement Letter

I am not sure what impact that this would have on a court.  It is your offer that they accept less than what you owe.  They are entitled to the full amount. 

What, in their refusal, is legally improper?

 

Message 2 of 7
John060675
Valued Contributor

Re: A Twist to a Settlement Letter

Robert,

 

Sorry for my unclear post, it is not their refusal that I am discussing.  It is their lack of an answer all together.  I am trying to get an open communication channel with them, thus my letter thanking them for NOT rejecting my offer.  Of course, they have not accepted the offer either.  In fact, the collection company has never tried to contact me for any sort of payment.  It is just sitting on my credit report, and I refuse to call them for obvious reasons.  I want everything in writing, but if they will not answer me in writing then I am stuck and cannot proceed.

 

I realize that a court would not automatically force them to accept my settlement offer, but showing proof that they never tried to contact me and I was continually trying to contact them must be worth something. 

 

Again Robert, I am sorry I led you to think that they had refused my offer before.  However, I hope I clarified that they have not responded to me in any way, shape, or form.


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Message 3 of 7
RobertEG
Legendary Contributor

Re: A Twist to a Settlement Letter

I uderstand your distinction.  From my perspective, a failure to reply would be the same as non-acceptance of your offer. However, maybe a court would view it differently.  Best of luck!

Message 4 of 7
Anonymous
Not applicable

Re: A Twist to a Settlement Letter


@John060675 wrote:

Robert,

 

Sorry for my unclear post, it is not their refusal that I am discussing.  It is their lack of an answer all together.  I am trying to get an open communication channel with them, thus my letter thanking them for NOT rejecting my offer.  Of course, they have not accepted the offer either.  In fact, the collection company has never tried to contact me for any sort of payment.  It is just sitting on my credit report, and I refuse to call them for obvious reasons.  I want everything in writing, but if they will not answer me in writing then I am stuck and cannot proceed.

 

I realize that a court would not automatically force them to accept my settlement offer, but showing proof that they never tried to contact me and I was continually trying to contact them must be worth something. 

 

Again Robert, I am sorry I led you to think that they had refused my offer before.  However, I hope I clarified that they have not responded to me in any way, shape, or form.


Probably worth very little in and of itself.  A creditor cannot prejudice themselves by simply refusing to accept less than what they are legally entitled to.

Message 5 of 7
Anonymous
Not applicable

Re: A Twist to a Settlement Letter


@John060675 wrote:

Dear Forum Members,

 

I have been writing a settlement offer letter to a collection agency once a month for the past 4 months, and they have not answered any of these letters.  I have proof of their receiving them, and I am able to see who signed for them.  For this reason I obviously know they are just ignoring my letters.

 


You've never received any communication from them? Have you tried DVing them?

Message 6 of 7
MBOhio2
Established Contributor

Re: A Twist to a Settlement Letter

I guess I'm confused about what impact you hope this will have on a court??

 

A court's job is to determine whether or not you owe the debt. Any efforts on your part to settle, no matter how zealous, do not have any bearing on whether you owe the debt. If a court determines that you owe the debt, they'll issue a judgment against you which forces you to pay the debt in full. Any of your prior attempts to settle will be irrelevant.

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Message 7 of 7
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