cancel
Showing results for 
Search instead for 
Did you mean: 

What do I do?

tag
lessonslearned
New Contributor

What do I do?

I emailed RJM and Afni two PFD letters and haven't heard from either of them. I emailed the letter to Afni and received a settlement offer via snail mail without the PFD for less than the amount I offered!  I emailed them last week, but I thought I would receive a quick response. The collection from RJM will fall off 4/2011 but I wanted to pay it to make sure it wouldn't keep bothering me. I offered a 50% settlement on that one. 

 

 

Do I wait the 15 days as I stated in my letter? Should I resend the emails? Send them a pfd or dv via snail mail? I'm not sure what to do now. 

Message 1 of 4
3 REPLIES 3
RobertEG
Legendary Contributor

Re: What do I do?

I emailed RJM and Afni two PFD letters and haven't heard from either of them. I emailed the letter to Afni and received a settlement offer via snail mail without the PFD for less than the amount I offered!  I emailed them last week, but I thought I would receive a quick response. The collection from RJM will fall off 4/2011 but I wanted to pay it to make sure it wouldn't keep bothering me. I offered a 50% settlement on that one. 

Do I wait the 15 days as I stated in my letter? Should I resend the emails? Send them a pfd or dv via snail mail? I'm not sure what to do now

_____________________________________________

PFD letters from you, and settlement offers from them, are all just part of a bargaining process.

The debt collector is not required to accept any terms other that a full payment of the debt. Your PFD offer was a conditional offer to which they had no obligation to respond to.

Their counter-offer did not address the "CR deletion" contingency you placed on your offer, so by implication, was not acceptable to them.

Thieir concession was to accept less than the full debt owed, but without agreement to any acceptance of CR deletion.

You cant set any time requirement for their response within a period of, for example, 15 days.

So the ball is back in your court.

As for your next step, what exactly are you trying to achieve?  How do you think it will keep botthering you?

If is a collection with a CR drop off date of 4/2011, that implies a DOFD on the OC account of somewhere between 10/2003 and 4/2004.  That probably also implies that you are outside of your state SOL. Thus, you probalby now have an SOL defense against any legal action they might bring, and it will drop from your CR within 3 months.

That same DOFD that results in CA deletion also applies to any lingering charge off by the OC that may still be in your CR. 

That DOFD cannot be reset by anything the debt collector can do.

So, I am wondering, what is your primary concern in pursuing the PFD?

Message 2 of 4
lessonslearned
New Contributor

Re: What do I do?

I did the pay for delete hoping they would remove it from my credit report prior to 4/2011. Also, I thought they could still collect on the debt (but not sue me) even after it has reached it's fall off point on my credit report. In essence, I would like to clean up my credit and my past financial errors. I'm willing to pay off something that I messed up on several years ago. To make amends...so to speak. 

 

Also, had they accepted my offer, it would have been a little motivation to push forward. While I am still paying down CC's I thought having a CA account removed would boost morale. Again, it was probably more for personal satisfaction. I thought for sure that RJM (fall off date 4/2011) would accept the offer since it's so close to being off my credit report. 

 

As for Afni, the account will fall off next year and it's out of SOL. Again, I would like it off my credit report. It's frustrating that they'll accept less money to keep it on my credit report. From what I've read, Afni has accepted PFD for less than what I offered. I don't know how to proceed at this point. 

 

 

Message 3 of 4
RobertEG
Legendary Contributor

Re: What do I do?

You are correct.  Expiration of SOL and/or deletion from your CR does not bar them from continuing collection activities.  Debt lives forever.

And I certainly am not advocating not paying a legit debt.

Just be aware that once the SOL and credit reporting dates have expired, they have no teeth behind their collection activities.  You could also require them to cease any further communicatiln with you by simply sending them a "cease communication"  letter under FDCPA 805(c).  Then they essentially become invisible.

Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.