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PFD Letter - Collections Calling me now

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Anonymous
Not applicable

PFD Letter - Collections Calling me now

Hello everyone,

 

 

This is the letter/template I used.

 

To Collection Manager:

     This letter is to inform you that the validity of this debt is disputed. I am unaware of this account and have no verification this debt is mine. I only know of this account based on it being reported in my credit report(s). As we both know, I have the right to dispute this account, request for verification, and/or request for validation of this debt. However, in order to quickly resolve this account, I am willing to pay $ XXXX , if you agree to delete this account from any and all credit reporting agencies. Please do not quote to me that you are unable to do this, I am aware of both your rights as well as my own. We both know you are the source reporting this account and have the absolute right to report it, not report it, or delete it from all reporting agencies. The purpose of this settlement is merely to have this item removed from all reporting agencies. We are both aware that paying this unverified debt is no benefit to me unless we can agree on the terms. I am sure you are aware that paying a collection account does not bode well on a credit report and that merely having a collection on a credit report will have a negative impact whether paid or unpaid.

    Please Note: This is not an acknowledgment of liability for this debt in any way or form. If there is any confusion about   my position on this alleged debt, please refer back to the first paragraph of this letter in which I state: "I am unaware of this account..." That being said, let me be clear, this is NOT: a promise to pay, a renewal, an admittance to this debt, or in any way me agreeing this debt is mine. This is a restricted offer only.

If you agree to the terms and accept this agreement, I will send you certified funds immediately after I receive this signed agreement. The funds will be sent only if in exchange for it, you are agreeing to the terms set forth in this agreement and will be deleting this account from all reporting agencies (Equifax, Experian, TransUnion). This debt will be considered satisfied, there will be nothing more owed, nothing further to collect, and you will consider this a closed, satisfied account. Again, ALL references regarding this account must be deleted from ALL reporting agencies. Since certified funds will be used for payment, ALL information about this account WILL be removed from all reporting agencies within 15 calendar days of receiving the funds. 
COMPANY  agrees to delete ALL information regarding this account from ALL credit reporting agencies WITHIN FIFTEEN (15) CALENDAR DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, for any reason, excluding your client on this account. If contacted by any third party, including credit reporting agencies, COMPANY will not acknowledge that any settlement offer was made, accepted, offered, or executed and will deny knowledge of any such account.

If you agree to the above terms, please sign (by an authorized representative of COMPANY this agreement below, print (clearly) the name of that signature, and provide the position held by the one signing this agreement. It will be implied that this letter shall constitute a legally binding contract, enforceable under federal, state, and local laws. Please also include with this signed agreement a company letterhead stating you received and agree to this restricted offer and the terms set forth within it.

Your response must be postmarked no later then 15 Days from your receipt of this settlement/agreement offer OR this offer will be withdrawn and I will request full validation of this alleged debt, as allowed by the Fair Debt Collection Practices Act. If you decide to decline this offer, and begin calling about this alleged debt, expect the next letter from me to be a Cease and Desist letter, attached with it, a request for Full Validation. Thank you for your time.
  
______________________________                                             ______________________________________
Signature                                                                                          Print name of Signature
______________________________                                             ______________________________________
Title or Position held                                                                         Date

 

My problem is they called trying to verify information, and said she had her manager on the other line if I'd like to speak and let her recite her disclosure. I told her I wouldnt discuss anything and that all the information and terms are in the letter. She put me on hold and I hung up. I didn't want to say anything incorrectly that might make my letter invalid.

 

Any advice for how to handle if they call again?

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: PFD Letter - Collections Calling me now

Your letter has a basic problem.

It is requesting two contrary things.

 

It opens by requesting debt validation.

Presuming it was sent within 30 days of dunning notice, it invokes an automatic cease collection bar on the debt collector.

That prohibits, under FDCPA 809(b), the debt collector from any activities to collect on the debt.

Thus, presuming it is a timely DV, they cannot discuss any terms of payment of the debt.

 

You should not mix a DV request and an offer of terms of payment, as they cannot negotiate with you.

If you wish to negotiate a PFD, you should rescind your DV request.

Message 2 of 3
Anonymous
Not applicable

Re: PFD Letter - Collections Calling me now

I see, I thought that was a little contradictory but I liked this template best of the ones I saw, so I should loose the top bits about validation and just open with paying for delete? I thought I still had to state I am not accepting liability

Message 3 of 3
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