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@ktm214 wrote:
Too much demanding. You are asking for a favor. The jargon about 15 days, legally binding contract, and company letterhead need to be removed, in my opinion. IME, be nice, say please and thankyou, be short. This original letter, in my opinion, needs to be removed.
I'll grant that I haven't read all 38 pages in this thread, but I have skimmed it and also looked up many other example PFD's. This one is less demanding than the other examples I've seen - I took a few of those and toned them down some. I kept in the 15 days because it seems to me I need to provide some sort of time limit or they can just sit on it for months - perhaps I can change that, but I'm leery of leaving it out. Legally binding contract is simply to be clear that we are making a legal agreement, but perhaps that's not necessary as long as it's all in writing. Company letterhead is something I've read in a few places, to help insure that you can prove they really agreed to it if necessary.
The example on the first post of this thread uses similar language. In fact, it was one of my models. It specifies company letterhead, 15 day response time, legally binding contract - all of that is there. That's why I kept it in - plus the reasons I mentioned.
If this is too demanding, could you please provide some better examples that are known to have worked?
Great letter indeed.
This is not a soft approach, but the letter sounds ok. I agree that please and thank you should be used. It helps to "soften" things. Good Luck!
I have an account that was opened by mother in my name when I was 18, and it has gone into collections. I am trying to get it removed from my credit report without filing a police report, and my mother getting charged with identity theft. The account has been sold to a collection agency. I want both the initial charge off from the original creditor and the collection account removed by the collection agency. If I use, a PFD letter for the collection agency, will it also remove the initial charge off from the original creditor, or will that stay on my credit report until it falls off? If it won't be removed by a PFD letter, is there any other way to get it removed without filing a police report?
I did my own re-vamp of the PFD letter and am hoping for some feedback.. I have an account that is still within the SOL, but really need it removed from my report, so I am going to risk sending the PFD, but wanted it to not sound at all threatening, yet to the point. Any thoughts on this re-write?
Name of OC
Address of OC
Re: Original Creditor Account Number
Date
Dear OC,
This letter is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of my liability for this debt in any form.
I am willing to pay this account IN FULL (or a settlement percentage, whichever is feasible) for the amount of $xx.xx as full settlement of this account; providedyou agree to an immediate,full deletion of all references regarding this account from my credit profile i.e.accounts from the credit reporting agencies (namely Equifax, TransUnion and Experian) and full satisfaction of the debt. There should not be any waiting period to delete this item from the reporting bureaus, as my sole purpose is to get this item removed from my file.
If you agree to the above, please acknowledge witha letter on your company letterhead unambiguously agreeing to the aforementioned terms and conditions and have it signed by your agency's authorized signatory. Upon receipt of this signed acknowledgment, I will promptly send you a money order, certified cashier’s check, or pay-by-phone with a credit card in the amount stated above.If I do not receive an approval letter within 15 days, I withdraw this offer.
Thank you. I look forward to resolving this matter in the best interest for both of our parties.
Sincerest Regards,
Your Name
Your Address
Hi SmkKms78.
Here is my opinion on your letter and am combining the original and yours to form what is meaningful, serious yet professional request.
------------------------BEGIN WITH COMMENTS-----------------------
Date: XX/XX/XX <- This is important as it estblishes the "clock" beginning, to reference the deadline in the letter.
CA/OC
Address
Re: Offer of Settlement on Account #: 00000xxxx
Amount: $XXXX.00
Dear Madam or Sir: <- Shows professional respect in the manner of a Lawyer A speaking to Laywer B.
This letter is an offer to amicably settle the above account for both parties. In the spirit of compromise and considering your company purchased this debt for pennies on the dollar (It let them know that you understand their business model and that them making $0.10 on the dollar makes them PROFIT. Remove if OC.), I am willing to pay this account in full (or settlement percentage or $xx amount) provided you agree to deletion (or report full satisfaction of the debt with zero balance) (If your in the situation that they don't "remove" due to company policy, give them "power" with two offers let's them make a choice but considering "Removal with zero balance" is much better then staying on for seven years, so it's a win for you either way.) of this account from any and all credit reporting agencies (eg. (Stands for example) Equifax, Experian and TransUnion). The settlement is a win-win; your company profits and the item is removed from my credit files.
Please acknowledge this letter and the above (a little trickery here! ;-) If they acknowledge the above they could be agreeing by default.) on your company letterhead and have it signed by your agency's authorized signatory with the terms below. Upon receipt of this signed acknowledgment, I will send you a money order, certified cashier’s check, or pay-by-phone with a credit card in the amount stated above as offered for $X,XXX.00 (Also good to show MONEY, they like MONEY! Further to that, don't make them work, their busy!!) within 15 days. Considering your work load (show that you know they are collecting on millions of accounts and this one can be open/closed quickly and taking pitty on the poor person having to deal with you and everyone.), I am extending this offer for 20 days, after which consider it withdrawn. Lack of acknowledgement will be considered an impass, deadlocking any collection from your company. (Shows that you mean business and that not taking this offer is BAD for their PROFITS, collect now or never collect!!)
Terms of Settlement: CA/CO agrees to delete and remove all information (or report full satisfation of debt with zero balance.) regarding account #XXXXX from all credit reporting agencies within twenty calendar (20) days following receipt of agreed payment of $X,XXX.00 (SHOW THEM THE MONEY). Further to this CA/CO will not discuss attest to the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, CA/CO will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. This letter shall constitute a legally binding contract, enforceable under the laws of STATE.
Please address all correspondence regarding this opportunity to:
You
123 Any Street
City, State Zip
After payment and provided reporting time mentioned above I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act.
I look forward to resolving this matter in the best interest for both of our parties.
Regards,
Signed
Printed Name
This is not to be construed as an acknowledgment of my liability for this debt in any form and the validity of this debt is disputed, as the original defaulted debt amount is different from your records. <- Remember, the CA will continue charging interest on the original debt amount, so in my case, the original defaulted amount was $1,700 BUT the CA is stating that I owe $2,500 because it's 5 years old and collecting big %. Don't forget that the CA purchased your debt for PENNIES on the dollar. So my $1,700 cost them $20-50 tops!
----------------------------END----------------------------
The below is without comments to make it easier to copy/paste!
----------------------------BEGIN WithOUT COMMENTS---------------------------
Date: XX/XX/XX
CA/OC
Address
Re: Offer of Settlement on Account #: 00000xxxx
Amount: $XXXX.00
Dear Madam or Sir:
This letter is an offer to amicably settle the above account for both parties. In the spirit of compromise and considering your company purchased this debt for pennies on the dollar, I am willing to pay this account in full (or settlement percentage or $xx amount) provided you agree to deletion (or report full satisfaction of the debt with zero balance) of this account from any and all credit reporting agencies (eg. Equifax, Experian and TransUnion). The settlement is a win-win; your company profits and the item is removed from my credit files.
Please acknowledge this letter and the above on your company letterhead and have it signed by your agency's authorized signatory with the terms below. Upon receipt of this signed acknowledgment, I will send you a money order, certified cashier’s check, or pay-by-phone with a credit card as offered for $X,XXX.00 within 15 days. Considering your work load, I am extending this offer for 20 days, after which consider it withdrawn. Lack of acknowledgement will be considered an impass, deadlocking any collection from your company.
Terms of Settlement: CA/CO agrees to delete and remove all information (or report full satisfation of debt with zero balance.) regarding account #XXXXX from all credit reporting agencies within twenty calendar (20) days following receipt of agreed payment of $X,XXX.00. CA/CO will not attest to the terms of this settlement with anyone, excluding your client on this account. If contacted by any third party, including credit-reporting agencies, CA/CO will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account. This letter shall constitute a legally binding contract, enforceable under the laws of STATE.
Please address all correspondence regarding this opportunity to:
You
123 Any Street
City, State Zip
After payment and provided reporting time mentioned above I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act. I look forward to resolving this matter in the best interest for both of our parties.
Regards,
Signed
Printed Name
This letter is not to be construed as an acknowledgment of my liability for this debt in any form and the validity of this debt is disputed, as the original defaulted debt amount is different from your reported records.
------------------------------END-------------------------
I'm wanting to make it shorter and relooking at it as I'm going to be using it myself in the next day. Any feedback will be taken as constructive feedback! ;-) I hope that this helps others!!
Regards,
Stainless
great PFD Letter!
Just what I needed.
I am trying to contemplate if I should use this template to get rid of my baddie completely or let it fall off (08/2014 is SOL and a year later is CRTP end).
The OC reported my debt to the CRA in 2009 when it was closed/charged off. Now, 5.x years later a collection agency has suddenly started calling me. But they havent reported anything to any of the credit bureaus. I just have got a dunning notice.
Should I send a PDF to the original creditor or communicate with the collection agency?
Its not a medical bill. Its a credit card from back when I was dumb, ignorant, irresponsible and a student with no money. ![]()
It'll be great if you can give me the shorter template. I mean I can do that myself too, but if yours sounds better, than I'll just copy/paste. Thanks in advance!
Right now I am stalling/buying more time so that the CA doesnt file a lawsuit before 8/2014(SOL in 2 months). SO I have sent them a certified mail asking for more details about the debt without explicitly disputing the debt or acknowledging it.