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Help I need advice - ASAP

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34Roses
Contributor

Help I need advice - ASAP

I have 2 account with Chase - BP and Circuit City.  I sent a correspondence to the CEO of Chase and received a response from the executive office and the representative and I have been talking back and forward.

 

Help with BP 1st.

 

 

I faxed the letter with an offer to Chase regarding BP on Nov. 21 they charged off BP on Nov. 30 and now it was just placed with a CA - Collectors Interexchange.  The CA contacted me by mail yesterday and by phone today.  CA wants to settle for $1109,  that is 65% of the bill however, I did not agree to that and need some advice.

 

1.  I want to send them a DV letter.  This will by me 30 days until I can make a payment which would be in Jan.  Can someone lead me to in right direction on the letter.?

 

2.  Then I want to make an offer to settle and remove it off of my credit report.

 

Any thought and quick advice would be greatly appreciated.


rebuilding financially
Goal Score - 770 #claimingit
DiscoverIT, Barclay Rewards MC, Cap One QS
Message 1 of 4
3 REPLIES 3
Anonymous
Not applicable

Re: Help I need advice - ASAP

1.  I want to send them a DV letter.  This will by me 30 days until I can make a payment which would be in Jan.  Can someone lead me to in right direction on the letter.?

 

Do a search on here for a DV letter.  Change what needs to be changed, type name only, send CMRRR.

 

2.  Then I want to make an offer to settle and remove it off of my credit report.

 

You can try a PFD on a settlement.  If they agree, get it in writing and make sure it states it settles the debt in full.  If you do not have this, they can come after you for the rest.  Also since it was just charged off they may not do it.  I assume it is within SOL.  You should be prepared to pay the entire amount.

Message 2 of 4
34Roses
Contributor

Re: Help I need advice - ASAP

Since this is the 1st time I have ever sent a DV ltr.  Can you tell me if this one would be appropriate.  I found it on here of course Smiley Happy

 

Here is the letter I use:

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

 

 

However, I have also read that you should not use "cesist and desist".  Is that true?


rebuilding financially
Goal Score - 770 #claimingit
DiscoverIT, Barclay Rewards MC, Cap One QS
Message 3 of 4
Anonymous
Not applicable

Re: Help I need advice - ASAP

It is fine to use this one.
Message 4 of 4
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