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@Stainless wrote:Hi SmkKms78.
Here is my opinion on your letter and am combining the original and yours to form what is meaningful, serious yet professional request.
------------------------BEGIN WITH COMMENTS-----------------------
Date: XX/XX/XX <- This is important as it estblishes the "clock" beginning, to reference the deadline in the letter.
CA/OC
Address
Re: Offer of Settlement on Account #: 00000xxxx
Amount: $XXXX.00
Dear Madam or Sir: <- Shows professional respect in the manner of a Lawyer A speaking to Laywer B.
This letter is an offer to amicably settle the above account for both parties. In the spirit of compromise and considering your company purchased this debt for pennies on the dollar (It let them know that you understand their business model and that them making $0.10 on the dollar makes them PROFIT. Remove if OC.), I am willing to pay this account in full (or settlement percentage or $xx amount) provided you agree to deletion (or report full satisfaction of the debt with zero balance) (If your in the situation that they don't "remove" due to company policy, give them "power" with two offers let's them make a choice but considering "Removal with zero balance" is much better then staying on for seven years, so it's a win for you either way.) of this account from any and all credit reporting agencies (eg. (Stands for example) Equifax, Experian and TransUnion). The settlement is a win-win; your company profits and the item is removed from my credit files.
Please acknowledge this letter and the above (a little trickery here! ;-) If they acknowledge the above they could be agreeing by default.) on your company letterhead and have it signed by your agency's authorized signatory with the terms below. Upon receipt of this signed acknowledgment, I will send you a money order, certified cashier’s check, or pay-by-phone with a credit card in the amount stated above as offered for $X,XXX.00 (Also good to show MONEY, they like MONEY! Further to that, don't make them work, their busy!!) within 15 days. Considering your work load (show that you know they are collecting on millions of accounts and this one can be open/closed quickly and taking pitty on the poor person having to deal with you and everyone.), I am extending this offer for 20 days, after which consider it withdrawn. Lack of acknowledgement will be considered an impass, deadlocking any collection from your company. (Shows that you mean business and that not taking this offer is BAD for their PROFITS, collect now or never collect!!)
Terms of Settlement: CA/CO agrees to delete and remove all information (or report full satisfation of debt with zero balance.) regarding account #XXXXX from all credit reporting agencies within twenty calendar (20) days following receipt of agreed payment of $X,XXX.00 (SHOW THEM THE MONEY). Further to this CA/CO will not discuss attest to the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, CA/CO will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. This letter shall constitute a legally binding contract, enforceable under the laws of STATE.
Please address all correspondence regarding this opportunity to:
You
123 Any Street
City, State Zip
After payment and provided reporting time mentioned above I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
I look forward to resolving this matter in the best interest for both of our parties.
Regards,Signed
Printed Name
This is not to be construed as an acknowledgment of my liability for this debt in any form and the validity of this debt is disputed, as the original defaulted debt amount is different from your records. <- Remember, the CA will continue charging interest on the original debt amount, so in my case, the original defaulted amount was $1,700 BUT the CA is stating that I owe $2,500 because it's 5 years old and collecting big %. Don't forget that the CA purchased your debt for PENNIES on the dollar. So my $1,700 cost them $20-50 tops!
----------------------------END----------------------------
The below is without comments to make it easier to copy/paste!
----------------------------BEGIN WithOUT COMMENTS---------------------------
Date: XX/XX/XX
CA/OC
Address
Re: Offer of Settlement on Account #: 00000xxxx
Amount: $XXXX.00
Dear Madam or Sir:
This letter is an offer to amicably settle the above account for both parties. In the spirit of compromise and considering your company purchased this debt for pennies on the dollar, I am willing to pay this account in full (or settlement percentage or $xx amount) provided you agree to deletion (or report full satisfaction of the debt with zero balance) of this account from any and all credit reporting agencies (eg. Equifax, Experian and TransUnion). The settlement is a win-win; your company profits and the item is removed from my credit files.
Please acknowledge this letter and the above on your company letterhead and have it signed by your agency's authorized signatory with the terms below. Upon receipt of this signed acknowledgment, I will send you a money order, certified cashier’s check, or pay-by-phone with a credit card as offered for $X,XXX.00 within 15 days. Considering your work load, I am extending this offer for 20 days, after which consider it withdrawn. Lack of acknowledgement will be considered an impass, deadlocking any collection from your company.
Terms of Settlement: CA/CO agrees to delete and remove all information (or report full satisfation of debt with zero balance.) regarding account #XXXXX from all credit reporting agencies within twenty calendar (20) days following receipt of agreed payment of $X,XXX.00. CA/CO will not attest to the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, CA/CO will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. This letter shall constitute a legally binding contract, enforceable under the laws of STATE.
Please address all correspondence regarding this opportunity to:
You
123 Any Street
City, State Zip
After payment and provided reporting time mentioned above I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act. I look forward to resolving this matter in the best interest for both of our parties.
Regards,Signed
Printed Name
This letter is not to be construed as an acknowledgment of my liability for this debt in any form and the validity of this debt is disputed, as the original defaulted debt amount is different from your reported records.
------------------------------END-------------------------
I'm wanting to make it shorter and relooking at it as I'm going to be using it myself in the next day. Any feedback will be taken as constructive feedback! ;-) I hope that this helps others!!
Regards,
Stainless
What are your thoughts on this sitution? I love the example letter you gave and will be using it two CA's I have. The question I have is when dealing with a OC but also dealing with the fact that the 7 year limit will be coming up for me 10/2014. The reason I am bringing this up is because knowing that I could wait for this to fall off in just 3 months, am I stupid for trying to deal with it or is there anything I can do with the OC in regards to maybe getting this account settled and deleted. It's in their best to try to get something from me, correct? Only reason, is that I am trying to get rid of anything and all stuff like now, since I will be trading in my car and want to get the best interest rates for me. Can't I use any trickery or wordage in the letter to the OC saying, it's in their best interest to settle with me now for deletion because if not, the account will be going past the 7 year limit and fall off if they do nothing? By doing this, am I risking any clock starting over? Just curious.
I don't understand why you're saying "I'm willing to pay this account in FULL" then right after that say "(or settlement percentage)" it's either one or the other, that's there for you to decide if you want to offer a payment in full or a percentage not both.
I was responding to another member's letter example. That isn't mine. I didn't write that example letter. I would know whether or not it's a choice of full or settled.
Thanks for this letter, From what I seen it's the best out there and have been using it to my advantage.