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Settlement letter example?

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lumierephoto
Established Member

Settlement letter example?

I've been looking all over the internet for a good settlement letter, but cannot seem to find one. I have one more 'baddie' on my CR and would like to settle it. I know that this forum suggests PIF, but I can't afford to pay it now and would like to settle. 

 

The OC is Capital One. I would like to do it over the phone, but if I enter my account # on the phone it will direct the call directly to the CA which I'd like to avoid at this point. The CA is offering a settlement of 60% of the debt, but I should go through the OC, right? 

 

Anyway, I'd like to go for the best possible result, which would be settle for 60% off the total debt and having the tradeline read 'Settled in Full' with a $0 balance. 

 

Any advice? Letter examples?

 

Thanks

Message 1 of 13
12 REPLIES 12
MarineVietVet
Moderator Emeritus

Re: Settlement letter example?


@lumierephoto wrote:

I've been looking all over the internet for a good settlement letter, but cannot seem to find one. I have one more 'baddie' on my CR and would like to settle it. I know that this forum suggests PIF, but I can't afford to pay it now and would like to settle. 

 

The OC is Capital One. I would like to do it over the phone, but if I enter my account # on the phone it will direct the call directly to the CA which I'd like to avoid at this point. The CA is offering a settlement of 60% of the debt, but I should go through the OC, right? 

 

Anyway, I'd like to go for the best possible result, which would be settle for 60% off the total debt and having the tradeline read 'Settled in Full' with a $0 balance. 

 

Any advice? Letter examples?

 

Thanks


Settling a debt is always a viable option but are you aware that for scoring purposes a settlement is looked at the same as a CO and is considered a major derogatory? As long as you know that going forward. Have you thought about a PFD (Pay for Delete)?

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Message 2 of 13
RobertEG
Legendary Contributor

Re: Settlement letter example?

I dont understand how settlement of a debt is considered a major derog. 

FICO scores delinquencies and derogs that occured along the path of the debt, and not how, or even if, it is paid. 

Settlement vs PIF is an issue for future creditors when doing a manual review of your CR.  Settlements definately are viewed much more negatively than a PIF, but not by FICO.

 

If the OC has sold the debt to the debt collector, then payment to the OC is no longer an option, for they would no longer have any debt due them.

Is the OC now reporting a $0 balance on their account, thus indicating that the debt has been sold to the debt collector?

 

Message 3 of 13
llecs
Moderator Emeritus

Re: Settlement letter example?


@RobertEG wrote:

I dont understand how settlement of a debt is considered a major derog. 

FICO scores delinquencies and derogs that occured along the path of the debt, and not how, or even if, it is paid. 

Settlement vs PIF is an issue for future creditors when doing a manual review of your CR.  Settlements definately are viewed much more negatively than a PIF, but not by FICO.

 

If the OC has sold the debt to the debt collector, then payment to the OC is no longer an option, for they would no longer have any debt due them.

Is the OC now reporting a $0 balance on their account, thus indicating that the debt has been sold to the debt collector?

 


FICO scores off the comments as well as the payment history. Comments like "settled" or "paid for less than full" are considered major derogs and are scored similarly as "charge-off" or "payment after charge-off" or similar. I can't speak for FICO, but I imagine that lenders don't like those comments either because they'll wonder if it will happen to them too. Since lenders' input influences FICO, I'd have to guess that this is the reason they are scored negatively. There are other comments aside from these that are score-dingers too.

Message 4 of 13
RobertEG
Legendary Contributor

Re: Settlement letter example?

Interesting!  I never heard that FICO scores "comments" posted in credit reporting!  I have never seen Fair Isaac post such a statement, but again, they are a proprietary scoring algorithm, so lack of their statement to that effect does not mean that it is not part of their scoring.

Interesting post, llecs!

We all learn, each day!

 

Message 5 of 13
Anonymous
Not applicable

Re: Settlement letter example?

lumierephoto,

 

I just dealt with CapOne a couple weeks ago.  One debt was still held by them, the other with a CA.  If your debt is with a CA, they will not deal with you directly.  You will need to direct your settlement offer to the CA.  You should also find out the exact amount that CapOne charged off at time of collection.  Paying a percentage of current total of debt is not the smartest route.  It's the amount that CapOne charged off that you will need to know.

 

Here's my two examples:

 

#1: $4,800 held by CapOne.  My charge-off amount was $1,875.  I settled directly with CapOne for $1,900 (After they offered $2,400 offer).

 

#2: $1,250 being collected by Attorneys (CA).  I can't locate the charge-off on this one.  I settled through CA for $650.

 

Anyway, find out what your charge-off amount was.  Offer a little more than that (unless the 60% is less).  BTW, CapOne is amongst the toughest.  You won't get them to add "Settled in Full".  You might get the $0 balance though, I'm still waiting for CR to update to find out what happened with my settlement payments on those two.

 

But once you do pay-off the Collection, you have a far better chance of getting the tradeline deleted from your CR if you keep after it.

Message 6 of 13
Anonymous
Not applicable

Re: Settlement letter example?

PLUS... your revolving debt utilization will be helped significantly if the amount shown on the CR far exceeds the limit.

Message 7 of 13
lumierephoto
Established Member

Re: Settlement letter example?

 


@MarineVietVet wrote:

@lumierephoto wrote:

I've been looking all over the internet for a good settlement letter, but cannot seem to find one. I have one more 'baddie' on my CR and would like to settle it. I know that this forum suggests PIF, but I can't afford to pay it now and would like to settle. 

 

The OC is Capital One. I would like to do it over the phone, but if I enter my account # on the phone it will direct the call directly to the CA which I'd like to avoid at this point. The CA is offering a settlement of 60% of the debt, but I should go through the OC, right? 

 

Anyway, I'd like to go for the best possible result, which would be settle for 60% off the total debt and having the tradeline read 'Settled in Full' with a $0 balance. 

 

Any advice? Letter examples?

 

Thanks


Settling a debt is always a viable option but are you aware that for scoring purposes a settlement is looked at the same as a CO and is considered a major derogatory? As long as you know that going forward. Have you thought about a PFD (Pay for Delete)?

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".


yes, I know it's not the best option but I can't have the interest accrue anymore and I have enough to settle at the moment. Plus, I'm about 2 years within SOL. It'll be my only derog left on my CR. 

 

 

I've heard from here and the internet that Capital One doesn't do PFD. So, I've got to just settle it while I can and then send out and arsenal of GW letters.

Message 8 of 13
lumierephoto
Established Member

Re: Settlement letter example?

 


@Anonymous wrote:

lumierephoto,

 

I just dealt with CapOne a couple weeks ago.  One debt was still held by them, the other with a CA.  If your debt is with a CA, they will not deal with you directly.  You will need to direct your settlement offer to the CA.  You should also find out the exact amount that CapOne charged off at time of collection.  Paying a percentage of current total of debt is not the smartest route.  It's the amount that CapOne charged off that you will need to know.

 

Here's my two examples:

 

#1: $4,800 held by CapOne.  My charge-off amount was $1,875.  I settled directly with CapOne for $1,900 (After they offered $2,400 offer).

 

#2: $1,250 being collected by Attorneys (CA).  I can't locate the charge-off on this one.  I settled through CA for $650.

 

Anyway, find out what your charge-off amount was.  Offer a little more than that (unless the 60% is less).  BTW, CapOne is amongst the toughest.  You won't get them to add "Settled in Full".  You might get the $0 balance though, I'm still waiting for CR to update to find out what happened with my settlement payments on those two.

 

But once you do pay-off the Collection, you have a far better chance of getting the tradeline deleted from your CR if you keep after it.


 

Yes, it's charged off and with a CA. I guess I will have to deal with them. Did you speak with them over the phone or did you send a letter? I'd much rather send a letter cause dealing with CA's is a nightmare. That's why I'm looking for a good settlement letter template with all the good, legal stuff. 

 

The current balance is $1455 and it was CO at $1152. I'm going to try to settle for 60% of the CO amount. That is the principle, right? 

 

I'm going to try to go for the 'settled in full' but I'm not keeping my hopes up. Doesn't hurt to ask though, does it?

 

 

Message 9 of 13
RobertEG
Legendary Contributor

Re: Settlement letter example?

When an account is first reported by the OC as a charge-off,  the original amount of the debt charged-off by the OC is stored under separate field code 23 of your credit file.  That remains as a separate credit file reporting, and may not reflect the current debt owed.

When the debt continues to remain unpaid, most states permit the continued accrual of interest and fees on the unpaid debt.  That accrual of additional amount due can be added to the initial CO amount, and is then posted under field code 21 of your credit file as the current amount due.  Totally legitimate, state law permitting.

 

When you finally pay a debt, either in full or by settlemement, and get agreement that it is legally paid in full, the CRAs have only one account status code for the account, under field code 13, and that is that the account is now paid and closed with $0 blance due.  Account status code 17A, field code 13.  Then both the OC and any CA must update their reportting to paid, closed.

Hwever, they retain under payment amounts coding, whethter the balance paid was the full amount, or settled for less than the full amount.

 

When creditors get a CR, or FICO scores you, it is a more comprehensive look at your credit file, and not just what you see in the plain vanilla consumer credit report you have access to. It shows PIF vs settlement, by way of various field codes other than jsut current account status of "paid."

 

You may get advice on how much of the original charge-off amount is appropriate to offer, but that whole logic, in my mind, kinda breaks down as the debt gets older.

If a debt was charged off, for example, 3-4 years ago, and they are entitled to interest and fees on the unpaid debt, I dont see much relevancy to the amount of the debt 3-4 years ago, at the time of the charge-off.  A CO does not freeze accountabilty for accrual of further  interest on their initial provison of funds.

 

 

 

 

Message 10 of 13
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