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got a response to a PFD (not the most preferable response)

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Anonymous
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got a response to a PFD (not the most preferable response)

Here's a summary of my situation.

 

account: charged off juniper (barclays) CC account

DOLA: 05/2007

Current CA: Image Receivables Management (IRM)

 

It's been jumping around multiple CA's. None of whom had legitimate responses to my requests for debt validation. 

It's now owned by IRM, and although they didn't send me a legitimate response to my original DV letter, I sent them a PFD letter.

 

PFD letter, in short, requested full satisfaction of the debt (with a 50% settlement offer) and deletion of all references to the account on my CR (it looks like they're only reporting on my transunion).

 

They sent me a response saying that they agree to the settlement amount but that they'd report my account as settled to the credit bureaus if they are reporting. They also say that the settlement offer is null and void after 12/30/09.

 

What's my next step?? Do I send them another PFD? The account balance is ~$1500 but i really just want to take care of this once and for all.

 

 

Thanks in advance to anyone taking the time the read this. I appreciate any/all help!!

Message Edited by jkang5 on 12-18-2009 07:33 PM
Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)

I would stand my ground. If they report it settled it counts the same as unpaid on your report and score. Keep sending PFD's. Eventually they will realize that the only way you are going to pay is if they agree to delete. I would respond to their letter with another request for PFD. Just keep rebutting them with the same PFD. You wont gain anything by paying if they dont delete so I would say persistence would pay off if they want money they will take it.

 

Sometimes it just takes time.

 

Just my opinion

Message 2 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)

That's what I thought too. I'm just afraid they're going to take this to court, since it's a fairly good amount of money (~$1500).

Message 3 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)

what is the DOFD on the original account? The main thing would be to see if this debt is still within SOL.
Message 4 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)


@Anonymous wrote:
what is the DOFD on the original account? The main thing would be to see if this debt is still within SOL.

 

I'm not too sure about the DOFD, but the account is definitely within SOL since it was opened in 04/2006

Message 5 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)

SOL doesnt go for when account was opened. SOL goes from DOFD and varies by state and account type. If you could dig that information up it would probably be worth looking into. You could also search for other people who have dealt with this same CA and see if you find any reference to them suing others and if so what the amounts were on the accounts. Once the account is paid you will have no leverage you can only goodwill them but dont risk a lawsuit if you feel they will sue either. This is definately going to be a decision you should research and put some thought into. Anyone else have experience with this CA or other advice?
Message 6 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)


@Anonymous wrote:
SOL doesnt go for when account was opened. SOL goes from DOFD and varies by state and account type. If you could dig that information up it would probably be worth looking into. You could also search for other people who have dealt with this same CA and see if you find any reference to them suing others and if so what the amounts were on the accounts. Once the account is paid you will have no leverage you can only goodwill them but dont risk a lawsuit if you feel they will sue either. This is definately going to be a decision you should research and put some thought into. Anyone else have experience with this CA or other advice?

Yea, I know SOL goes from DOFD. But SOL in California is 4 years and my account was opened in 04/2006, which means that even if DOFD is the day i opened the account, it hasn't been 4 years. That's why I quoted the date my account was opened. Just clarifying. Sorry for the confusion.

 

Anyway, I did do a search about the CA before but I haven't been able to find anything. A search on google brings up nothing (except the thread I created here a while back asking if anyone heard of IRM). They're also not listed on BBB. It's pretty frustrating. haha. Thanks for the input though! Everything helps!

Message 7 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)

I think i'm going to send another PFD letter out tomorrow. Do you guys think i should raise my settlement % offer? I offered 50% first. Should i offer any more or should i just send out pretty much the same PFD letter?

 

Thanks again, everyone!

Message 8 of 9
Anonymous
Not applicable

Re: got a response to a PFD (not the most preferable response)

Here's a copy of the next letter i'm planning on sending them. Any comments/suggestions will be appreciated!


"This notice is to inform you that I still have not received a valid response to my requests for validation of this debt. A proper validation must provide me with competent evidence that I have any legal obligation to pay you. It must include the following:

•    An agreement with the original creditor that authorizes your company to collect this alleged debt
•    A signed agreement with the original creditor that shows I agreed to pay what you claim I owe
•    Payment history of this account validating the amount you claim is owed

In the spirit of compromise, however, I will agree to your settlement offer of $745.06, in exchange for full satisfaction of the debt and deletion of all references to this account from any and all credit reporting agencies (Equifax, Experian, and Transunion). The purpose of this settlement is merely to have this item removed from my credit report. It is not to be construed as an acknowledgment of liability for this debt in any form.

If you agree to the terms and accept this agreement, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Image Receivables Management, LLC. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.


Please address all correspondence regarding this account to:

** my name and address **
"

Message 9 of 9
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