@seruby wrote:ok so looking at my call log, theyve called me at least 17 times, but I'll worry about that depending on what happens here. I finally finished drafting the letter - it's below the horizontal line because there's another question above. Can you let me know your thoughts? Also, in my state, it says a promise to pay can restart the SOL. Does a PFD count as a promise to pay, or am I safe since I'm not acknowldedging it, or does it not since it indicates a willingness to pay and not a pay on demand? A case I found states:
Pursuant to the acknowledgment doctrine, a statute of limitations may be tolled or its bar removed by a promise to pay the debt
A clear, distinct and unequivocal acknowledgment of a debt as an existing obligation,such as is consistent with a promise to pay, is sufficient to toll the statute. There must, however, be no uncertainty either in the acknowledgment or in the identification of the debt; and the acknowledgment must be plainly referable to the very debt upon which the action is based; and also must be consistent with a promise to pay on demand and not accompanied by other expressions indicating a mere willingness to pay at a future time
In response to your letter dated August 11, 2016, this letter is to inform you that I am still contesting this debt is mine. However, in order to quickly resolve this account, I am willing to pay $2700 as offered in your letter, only if you agree to delete this account from any and all credit reporting agencies. Please do not state that you are unable to do this, as I am aware of your ability to submit a UDF form indicating the account was reported in error, which will result in deletion from my credit report. The purpose of this settlement is merely to have this item removed from all reporting agencies. We are both aware that this account is time-barred, is no benefit to you if it is outstanding, and is no benefit to me unless we can agree on the terms.
Please Note: This is not an acknowledgment of liability for this debt in any way or form, nor is it a promise to pay, a renewal, or an admittance to this debt
If you agree to the terms and accept this agreement, I will send you certified funds immediately after I receive this signed agreement. The funds will be sent only in exchange for your agreement to delete ALL references regarding this account from all reporting agencies within 15 calendar days of receiving of receiving said funds. Also, this debt will be considered satisfied: There will be nothing more owed, nothing further to collect, no portion of the debt will be considered forgiven, and you will consider this a closed, satisfied account.
If you agree, please have an authorized representative of Portfolio Recovery Associates clearly print and sign below, and provide the position held by the signee. It will be implied that this letter shall constitute a legally binding contract, enforceable under federal, state, and local laws. Please also include with this signed agreement a company letterhead stating you received and agree to this offer and the terms set forth within it, and a fully completed copy of the UDF forms that will be sent to the credit reporting agencies.
Your response must be postmarked no later than 15 days from your receipt of this offer or this offer will be withdrawn and the next letter from me to be a Cease and Desist letter.
Thank you for your time.
good luck!
PRA is 1 of 2 last baddies for me and i am in almost the same situation as u.
please keep posting updates.
