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Settlement Accepted....But Won't Delete

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Anonymous
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Settlement Accepted....But Won't Delete

I have been reading the forums for months now and have learned so much!

Now I need some more personalized information....

 

In the spring, our car was repoed and they got a judgement for about $8000. Since wage garnishments aren't allowed in PA, the debt is pretty much uncollectable. It is still with the original creditor...in Oregon. This morning I emailed a PFD letter with a settlement amount of $2000. She called me back this afternoon and said that she would accept the $2000 but that she could not delete. Saying that would be lying and against the law..blah..blah..blah.

 

How to I explain to her that she can, and where can I reference her to so that she can see for herself?

 

Thanks everyone for all the great info in the past, and keep it coming!

Message 1 of 20
19 REPLIES 19
Anonymous
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Re: Settlement Accepted....But Won't Delete

Any thoughts?

Message 2 of 20
Anonymous
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Re: Settlement Accepted....But Won't Delete

Sounds like she's just telling you what their policy is.

 

We know, of course, that they can delete, if they choose to.  And you can stress to her that her company can do it, but it might just be that you haven't found the person that can help you yet.

Message 3 of 20
Anonymous
Not applicable

Re: Settlement Accepted....But Won't Delete

After a few emails back and for, with her stating again that she would accept the $2000 and that the status would be set to "Settled", I wrote her ack and restated the original offer of $2000 in exchange for DELETE. If that was not a option, we woudl accept Paid/ Bal $0 and removing of the lates and negative comments. Then I added in there that if she was totally unwilling to budge, we would reoffer $1000 for settlement with status as "Settled". I also mentioned that it would be cheaper for us to file bankruptsy were we could add insome of our outher debts also, but want to use that as a last resort if we can not come up with some sort of agreement.

 

I reminded her that she had no obligation to report anything to the bureus, and if she was not aware of that, she needs to Google it and brush up.

 

I also did a bit of public records investigating and mentioned in my email that since she has a very large IRS tax lien and has recently had her wages garnished, we would have hoped she would be a little more understanding.

 

Kind of funny, that was late last night, we'll see what happens on Monday morning!

 

 

Message 4 of 20
Anonymous
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Re: Settlement Accepted....But Won't Delete

Well, I got a surprise weekend email from OC stating that she is sorry that we feel they are being unfair and accepting the $2000 and marking the accounts settled is the est she will do.

 

Not exactly the response I was hoping for. I think we'll just bite it and pay the $2000 and accept the settled status. Filing bankruptsy was a bluff I'd hoped she wouldn't call me on!Smiley Surprised

 

How is this this going to affect our numbers? and for how long? We need to be able to get a car loan within a couple of months. I have 2 other collections on report. Both will be deleted once OC is paid in January.

Message 5 of 20
Anonymous
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Re: Settlement Accepted....But Won't Delete

OK, after a few emails back and forth, she states that she will report the account settled but will not report a $0 balance, because we will still have a balance. And that is her final offer! I responded asking her if what she is saying is that she will accept my $2000 and I will have a balance? One that she could continue to attempt to collect on in the future? Well, she took to long to respond and since I am starting to get irritated with her at this point, I sent her another email stating that she has recieved my offer with terms and she has declined them. My offer is now off the table and I will give my $2000 to my other creditors who have already agreed to a PFD. I also told her to get back to me in 3 months, or 6 months, or a year or 3 years or whenever she is less interested in destroying my credit and more interested in getting payment on this account.

 

It's all about principle now. I am not paying this account unless it's on my terms! Smiley Mad It hurts me less and less each month, and I'm not planning any large purchases in the next few years. Winning this is my new mission!

 

I am having a really hard time finding the CEO of this company or someone higher up than her (manager of this particular branch) to deal with.

Message 6 of 20
Anonymous
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Re: Settlement Accepted....But Won't Delete

I think you have made the right call. If they leave a balance and say settled they can then sell that balance to another CA who will come after you. Keep up the persistence and once they see you arent budging they will have to decide if they want money. I am sure they will eventually see if they dont budge they get $0 and if they meet your terms they will get $2000. When they realize it they will come to you and accept.
Message 7 of 20
mal007colm
Valued Member

Re: Settlement Accepted....But Won't Delete

From how I see it, there is no difference if you pay $2000 or nothing. They have a judgement against you and it will be on your report for 7 years. At the end of that time the repo may fall off but they can renew the judgement as far as I know and continue to come after you. I think at some point you have to pay it if you want to restore your credit. With a judgemtn you cant buy a house, Working in a state or Gov job is out. And if they renew after 7 years you will get another big hit to your credit. I am pretty sure that is the case but I could be wrong anyone else?

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Message 8 of 20
benben7
Regular Contributor

Re: Settlement Accepted....But Won't Delete

Do not give up your search to find a higher person in this company who can help you. As long as you have the leverage the ball is in your court. You can still continue to build up your credit with a judgement. In time you will have to figure out what will work best for you. However, they may budge. Because the damage is already done continue to work on your other credit. So never give up.

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Message 9 of 20
Anonymous
Not applicable

Re: Settlement Accepted....But Won't Delete

Well, something really interesting has happened in this matter. Since my original posts, I filed a complaint with the BBB on this company about thier collection practices, and the coonflicting stories she was giving me regarding my settlement offer and what they would report. They responded with a long letter with responses to my complaints, but never any actual statements regarding what we would be doing to settle this account. So, I responded back that I want to settle this, and that my settlement offer was in fact a "offer" and was open to negotiations. Also stating that if we can't get to some sort of agreement, I would spend the money I was going to pay them with on a attorney and have the entire companies books gone over with a fine tooth comb and prepare a class action suit against them, since I had found so many other people online that had the same complaints as we do. Today I get a email from BBB including the business' response. It is a letter from thier attorney, stating that they will reinstate the settlement offer of $2000 payable in 2 monthly installments, and will release the judgement and report accordingly to credit agencys.. The letter also stated that I must release all claims against them.

 

I thought it was kind of funny. This is what I'm thinking I should do, contact the attorney that sent the letter and figure out what exactly will be reporting and then take the offer. At least the judgment will be released....i guess.

 

Advise?

Message 10 of 20
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