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Problem!!!!

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nursekb
Valued Member

Problem!!!!

Here is my situation I received a letter from a CA in October 2009. I did not respond at that time  silly me I ignored it until a week/two ago. I knew that the account was mine so I did not do a DV to the CA. I just wanted to PIF so it would not show up on my CR.  I called the CA and all I did via phone was give them the account # and aked if the account was still with them  and they stated yes. I sent a CC and a PFD or a letter to get them not to report This is the letter I sent to them below

 

This is in response to a letter I received dated XXXX related to the above referenced account listed above. I wish to save us both some time and effort by paying this account IN FULL.

Please find enclosed payment by cashier’s check, in the amount of $ XXXX to be considered payment in full for account # XXXXXX

By cashing this check XXXXXX agrees to the following terms:

1. The account #XXXXXwill be reported to the original creditor XXXXXXX as paid in full.

2.  XXXXXXXXis prohibited from selling, assigning, or otherwise transferring this account to any third party CA.

3. This payment will prohibit the reporting of this account by XXXXXXto any or all three Credit Bureau Reporting Agencies and if this process has started any reporting shall be fully deleted immediately.

4.  A letter of confirmation will be provided from XXXXXX stating that this account is closed and will not be verified to any credit reporting agency or other third parties.

If these terms are agreeable and acceptable, please accept the enclosed check for $ XXXXX

Please note that cashing the enclosed check will bind you to the terms set forth in this letter.

 

I did send this CMRR. I just got my green card from them today stating the CA received it 3/4. Well to my suprise I get another CA letter from a different CA stating I owe the  the money to them and the letter is dated 3/3. What should I do?? The amount was for $57.00. This new CA can not do anything right??

 

Let me know

Thanks

Message 1 of 6
5 REPLIES 5
hoping2rebuild
Established Contributor

Re: Problem!!!!

IMHO I would have sent the PFD letter first and waited for their response,

They could always say they never got that letter just a check from you.


Starting Score: 377EQ/350EX/400TU As of 11/2011
Current Score: 620EQ/614EX/612TU As of 01/2013
Goal Score: 700+ across the boards
Message 2 of 6
llecs
Moderator Emeritus

Re: Problem!!!!

Always send a DV before a PFD, even if you know it is yours. A DV helps establish debt ownership. I'd send a DV to this new company.

 

ETA...always be careful with restrictive endorsements. Not every state recognizes them and aren't necessarily legally enforceable.

Message Edited by llecs on 03-08-2010 10:38 PM
Message 3 of 6
nursekb
Valued Member

Re: Problem!!!!

I will send a DV to this new CA? In the mean time what should I do since I had sent funds to the prior CA who stated they still had the account?
Message 4 of 6
Anonymous
Not applicable

Re: Problem!!!!

Restrictive endorsements are not valid in every state and even in those that allow them it is rarely as simple as making a unilateral offer over an account not in dispute.  The CA can consider your payment a partial payment and still go after you for any balance.
Message 5 of 6
llecs
Moderator Emeritus

Re: Problem!!!!


nursekb wrote:
I will send a DV to this new CA? In the mean time what should I do since I had sent funds to the prior CA who stated they still had the account?

 

I'd wait it out now and make sure nothing reports, from either CA.
Message 6 of 6
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