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recieved debt validation, can i still settle?

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dmar725
Established Member

recieved debt validation, can i still settle?

I just receieved debt validation from a CA. They sent me two statements from the original creditor (GE Capital Pearle Vision), the first was from 12/26/2008 (which is when i stopped paying) and the balance was at $775.97. The second statement was from March 27, 2009 with a balanche of $0.00 (i assume it had bent sold to a CA at that point?) but it says that the "previous balance" was $1016.84. Now, the CA says i owe $1153.90.

 

What should my next move be? I can't afford to PIF. The max i can pay at one time would probably be about $500. Can I send a PFD letter offering a settlement? Also, all the PFD examples i've seen say something about how the "validilty of the debt is disputed". Would i have to leave that portion out of my PFD letter since they already validated?

 

Any and all help is appreciated Smiley Happy

Message 1 of 5
4 REPLIES 4
rckstrscott
Valued Contributor

Re: recieved debt validation, can i still settle?


@dmar725 wrote:

I just receieved debt validation from a CA. They sent me two statements from the original creditor (GE Capital Pearle Vision), the first was from 12/26/2008 (which is when i stopped paying) and the balance was at $775.97. The second statement was from March 27, 2009 with a balanche of $0.00 (i assume it had bent sold to a CA at that point?) but it says that the "previous balance" was $1016.84. Now, the CA says i owe $1153.90.

 

What should my next move be? I can't afford to PIF. The max i can pay at one time would probably be about $500. Can I send a PFD letter offering a settlement? Also, all the PFD examples i've seen say something about how the "validilty of the debt is disputed". Would i have to leave that portion out of my PFD letter since they already validated?

 

Any and all help is appreciated Smiley Happy


I, personally, would NEVER put 'the validity of this debt is disputed' in any letter I send unless I was actually doing a direct dispute..

 

But sure, you can settle! There is no reason you cannot settle because they validated... the debt is from 2008 and its credit card. Depending on your state, it is most likely out of the statute of limitations, and you only got about what, 1 1/2 years to 2 years it can report on your credit report? You have a little bit of leverage if you can utilize it.

 

A PFD is harder to do with settlements, but it can be done, it doesn't hurt to try. Who is the CA? are they receptive to GWs? My favortie way to remove stuff was with GW personally, it seems easier to achieve... depending on the CA

 

But short answer, yes, you can still negotiate and settle.

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 2 of 5
meehan22
Frequent Contributor

Re: recieved debt validation, can i still settle?

a Validation absolutely doesn't mean you still cant settle the debt Smiley Wink 


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Message 3 of 5
dmar725
Established Member

Re: recieved debt validation, can i still settle?

Thanks for your input! Yeah, all of my "baddies" are from 2008 (I temporarily moved to europe and stopped paying debt..........ugh). I'm really looking to 2015 when they all start to fall off!  But anyway, I live in Michigan and the SOL is 6 years. So, they have up until December to sue me, correct? I've been served on two different occasions for two other debts..and would rather it NOT happen again. (i'm paranoid!) So i think I will just settle it and call it a day. Hopefully they'll be willing to delete it all together! Do you think $500 is a good offer (a little less than half of what is owed) or should i go lower?

Message 4 of 5
gdale6
Moderator Emeritus

Re: recieved debt validation, can i still settle?

Since the debt is inside the SOL they know they can sue you for the full amount a reasonable offer inside is 60% of the bill.

 

You also need to be aware that if a deal cant be worked out prior to expiration of the SOL you will need to search the courthouse database to see if a suit has been filed and you have been served with "sewer service". Sewer service is where the agent hired to serve process just trashes the summons and signs that he served the defendant anyway so the fee for serving it can be collected anyway.

 

I also want to let you know that the SOL does not stop a creditor from suing, though most dont because they know they will lose if its contested, your defense response to the court would be that it is out of SOL, this action has no merit and you are requesting it be dismissed with prejudice.

Message 5 of 5
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