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Tips for dealing with OC that doesn't want to accept payment?

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Anonymous
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Tips for dealing with OC that doesn't want to accept payment?

I have one charge off on my report. It's an $8k charge off from May 2012. The OC is Kia Motor Finance, and they've reported it twice since the charge off in May 2012, once in August 2012 (when they oddly, and incorrectly, changed the DoFD to August, where it's stayed since) and then once in January 2015.

 

I sent them multiple PFD offers in 2015 and 2016 to no response, not even a "we'll accept your full payment offer, but we won't delete our reporting." I plan to resume sending PFD offers in June of this year, after the SOL has expired.

 

The only communication I've gotten from KMF is a one page statement they've sent me once a year since 2012 that shows the outstanding balance. No phone calls, no letters, no collection agency, nothing.

 

My personal policy is to only communicate with companies I owe money to via mail or email, and I'm utterly perplexed by how to proceed in this case. Starting in June, I'll start sending a PFD once a month, but what are my options if they continue to not respond? I want to get this debt paid and hopefully deleted, but I can't figure out how to do that if they never respond to any of my payment offers. Should I enclose a check for the $8k in my June PFD and note in the letter that their depositing the check indicates a tacit agreement to delete the tradeline? I'm grasping at straws here!

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: Tips for dealing with OC that doesn't want to accept payment?

They want to accept payment, they just dont want to agree with the additional terms.

Placing conditional agreements on checks is not usually a recommended option, as it is not recognized as a binding legal agreement in most states.

I would google on that practice for details before making that atttempt.

 

Not paying unless they agree to your deletion terms is your option. 

However, they can refer to a debt collector or sell the debt, resulting in the addition of a collection.

They can also, if still within SOL

 

Another option is to pay, thus discharging the debt, and then pursue requests for their good-will deletion.

Message 2 of 4
Anonymous
Not applicable

Re: Tips for dealing with OC that doesn't want to accept payment?


@RobertEG wrote:

They want to accept payment, they just dont want to agree with the additional terms.

Placing conditional agreements on checks is not usually a recommended option, as it is not recognized as a binding legal agreement in most states.

I would google on that practice for details before making that atttempt.

 

Not paying unless they agree to your deletion terms is your option. 

However, they can refer to a debt collector or sell the debt, resulting in the addition of a collection.

They can also, if still within SOL

 

Another option is to pay, thus discharging the debt, and then pursue requests for their good-will deletion.


Right, I get that they don't want to accept my terms, but I've included in every PFD offer I've sent them a sentence that says something along the lines of "please contact me in writing to discuss this offer of full payment."

 

If they don't want to accept my terms, fine, just tell me so. A simple response saying they will not accept my terms but will accept my payment would be preferable to their radio silence.

Message 3 of 4
RobertEG
Legendary Contributor

Re: Tips for dealing with OC that doesn't want to accept payment?

Place a call to someone at their upper management level.....

Message 4 of 4
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