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@Anonymous wrote:
Hi everyone
Im trying again to get this collection removed.
Medical bill original $950
Balance is know over $1197
Just had an increase of 17
I wrote a goodwill asking if I can settle for less in agreement to delete
They sent back my letter along with a notice stating to call
No info about a settlement
Know I am bothered with non stop calls since I sent letter
Asking how should I approach them for an agreement settle for less and remove collection
Appreciate any advice
I would send a cease and desist letter by certified mail to Wakefield Associates and inform them to stop calling you and the only form of communication you are willing to engage in is by written letter. I would then restate your pay for delete offer.
I would not send them that letter, actually. Under the law, there is no such thing as a "partial" cease and desist. When you tell them only to contact you by mail, that's what you're trying to do. The law does not permit us to limit them to comms in writing only.
When you send a debt collector that letter, they will most likely cease all communications with you. This is because there's a risk of them violating the FDCPA otherwise. Being that this debt is now over $1000, it is possibly something that could wind up in court. Telling them to stop all phone calls will most likely be treated as a regular cease and desist, and could even push them to take legal action.
First thing I would do is simply call the number they gave you in their reply. Try to work it out with them. If you cannot get them to budge, and they keep harassing you, you basically are left with three options:
1--pay the balance
2--send a cease and desist and hope they just sell it off to a JDB down the line
3--do nothing and deal with whatever they do.
That's really it. But the "partial" cease and desist never works. They know the laws. They know they would not be obligated to honor that request as written.
I agree with bass_player in that you are seeking their cooperation via a good-will acceptance of removal of derogs and/or acceptance of a settlement agreement.
Reponse to a request to contact them for negotiations that states you wish them to cease oral communications is not the best of negotiation tactics or obtaining good will.
I would recommend calling and hearing their possible terms.
Just be careful not to formally state that the debt is valid. If any questions are made as to the validity of the debt, simply state that you dont concede validity, but are willing to discuss possible resolution of the matter via any settlement or deletion acceptance.
I agree with Civil.
If you reach an agreement with them that clearly includes the provision that they will delete upon receipt of the agreed payment, that becomes an enforceable contract provision. While it is always prudent to get any contract terms in writing, they may only commit orally.
Oral contract provisions are enforceable, but are more difficult to prove.
If you live in a one-party consent to recording state, then recording your conversation can provide evidence of their oral contract agreement.
The wording of their response does not clearly establish agreement to delete.
Contract provisions must establish a clear meeting of the minds, and their reponse does not do so.
I would call again and if you can pay the amount they requested , try again for them to accept your payment for deletion.
They are stating they will remove and uodate to paid in full really means they will just update and not remove