topic Re: PFD response from Midland in General Credit Topics

PFD response from Midland

Anonymous — Wed, 19 Sep 2007 09:45:15 GMT

New guy here, would appreciate some feedback. I sent Midland Credit a PFD about a week and half ago and got a response today, the original balance was $850.55:

This letter is to confirm the settlement agreement regarding your existing account. The payment terms we have agreed to are listed below:

Total Settlement Amount: $632.73

Due Date: 09-28-2007

After receiving your final payment, we will consider the account paid in full and the three major credit reporting agencies will be updated accordingly.*

If you have any questions, feel free to contact me at blah, blah, blah

Please understand this is a communication from a debt colector blah, blah, blah any information obtained blah, blah, blah.

Sincerely,

Scumbag

* Your credit report will not be updated if the federal reporting period has expired, or we have not previously reported on your account.

So, is this acceptable or not? Should I send a copy of the original PFD agreement with my payment to make sure they know what they agreed to and a note to remind them they have 10 days to remove their listing?

Thanks

Re: PFD response from Midland

sl — Wed, 19 Sep 2007 11:18:35 GMT

It is not saying that they will delete from your CR. I would write back and for a deletion in writing before sending them any money.

Re: PFD response from Midland

Anonymous — Wed, 19 Sep 2007 13:49:28 GMT

I agree with SL, if you pay and they do not delete, you do not have any recourse with the letter they sent you.

They must agree to delete from your records completely, in writing, before you should pay them (from what I understand).

It sounds like they are trying to get you to pay them without agreeing to delete...notice how the word "delete" is nowhere in their letter?

Message Edited by MeganML84 on 09-19-2007 09:49 AM

Re: PFD response from Midland

Anonymous — Wed, 19 Sep 2007 17:01:38 GMT

Yes they're being slippery with you.

They are trying to get you to pay. The way that they worded the letter, you can't really prove that they agreed to a "pay for delete". All they said that they would "report accordingly".

I agree with sl - send another letter and clarify that they will delete the entry from your report.

Message Edited by JennLewis on 09-19-2007 10:01 AM

Re: PFD response from Midland

Anonymous — Wed, 19 Sep 2007 17:26:43 GMT

That is NOT a PFD...it is a PIF...........refuse it........what is your SOL on this?

Re: PFD response from Midland

Anonymous — Wed, 19 Sep 2007 17:37:01 GMT

short PFD..........add to it....if you agree please sing and return to above address.

I understand that you say that I owe you a total amount of $XXXX from 2003. I am prepaired to offer payment in full. After receiving payment you agree that you will notify the credit reporting agencies to remove your entry on the above referenced account from my credit report.

send it CMRRR

Do not sign it just type name

Message Edited by HappyDays on 09-19-2007 10:37 AM

Re: PFD response from Midland

Anonymous — Wed, 19 Sep 2007 19:49:12 GMT

DOLA was in July 04. Seven years is the SOL in Florida correct?

Thanks for the help, I think I will send a follow-up PFD. Something along the lines of "these terms are unacceptable....full deletion/removal of listing from my CR is required" or I start the DV process.

Re: PFD response from Midland

Anonymous — Wed, 19 Sep 2007 19:58:03 GMT

gabriel2382 wrote:
DOLA was in July 04. Seven years is the SOL in Florida correct?

Thanks for the help, I think I will send a follow-up PFD. Something along the lines of "these terms are unacceptable....full deletion/removal of listing from my CR is required" or I start the DV process.

no CRTP is 7-7.5 years

SOL is state law what is this debt for? FL only 4-5 years

http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Message Edited by HappyDays on 09-19-2007 12:58 PM