What is the name of your state? Florida. Got another question. On Friday the 12th I agreed to settle a smaller account, 30% less than the original amount. I agreed and asked that a letter be faxed to my bank stating the amount and that once the check was received that the account would be settled in full and I would then get a bank check and mail it to them in the amount of $325, I also wrote on the check "paid in full" and have the copy of it. Yesterday I get a letter saying I owe an extra $164 in interest. The letter from the CA mentioned nothing about any added fees, interest etc. Am I liable for the extra fees since it was not mentiond in the settlement agreement letter? ALSO since I already mailed out several "in good faith" payments to other CA's, is it too late to mail out validation letters?
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Settled account in full, now they say...
- Thread starter asel
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sean1397
Guest
Did they send the letter
Saying it was going to be paid in full for $325? If so, you can tell them to shove it.
Sean
Saying it was going to be paid in full for $325? If so, you can tell them to shove it.
Sean
Letter
Letter states " In an effoert to assisit you in resolving your account, our client has authorized us to offer you the opportunity to settle your account. This means instead of paying the full balance due on your account, you pay 70% of the total amount due and the above mentioned client will consider this account settled. ( There is absolutely nothing that states any extra charges, also when bt phone I asked specifically if what they were offering was "it". That is why I wrote "payed in full" on the check and they did cash it>
Letter states " In an effoert to assisit you in resolving your account, our client has authorized us to offer you the opportunity to settle your account. This means instead of paying the full balance due on your account, you pay 70% of the total amount due and the above mentioned client will consider this account settled. ( There is absolutely nothing that states any extra charges, also when bt phone I asked specifically if what they were offering was "it". That is why I wrote "payed in full" on the check and they did cash it>
Restrictive Endorsements such as what you describe are NOT binding unless your state law upholds them AND if an exact procedure is followed. Just writing 'paid in full' on a check doesn't get it. This is a fairly tale that far too many people believe.
The kind of settlement offer you received is a form letter.. its basically crap. You should have repsonded to them IN WRITING to get the EXACT terms for the exact amount of money, otherwise, you're screwed. If you're not negotiating for how the entry appears on your credit report, you're not helping yourself. "Settled" on your credit is a NEGATIVE entry and it will hold down your scores.
The kind of settlement offer you received is a form letter.. its basically crap. You should have repsonded to them IN WRITING to get the EXACT terms for the exact amount of money, otherwise, you're screwed. If you're not negotiating for how the entry appears on your credit report, you're not helping yourself. "Settled" on your credit is a NEGATIVE entry and it will hold down your scores.
Of course, I agree 100% with Ladynred.
However, at this point, you have a couple of methods that you might consider in handling this issue.
1) Send the creditor a very nice letter (certified RRR) explaining that they (or their agent) is/are contacting you pursuing payment for a debt that has been settled. Include a COPY of the settlement letter. Politely point out that any further contact or actions would result in a complaint to the appropriate agency and possible legal action by you, or
2) You can simply send a copy of the settlement letter to each agent who contacts you in the future, or
3) You can ignore any further contacts by the creditor or their collection agents.... at least until such time as you are noticed of a lawsuit (if that were to happen). If you are sued, that is the time to present your 'settlement' letter to the court.
However, at this point, you have a couple of methods that you might consider in handling this issue.
1) Send the creditor a very nice letter (certified RRR) explaining that they (or their agent) is/are contacting you pursuing payment for a debt that has been settled. Include a COPY of the settlement letter. Politely point out that any further contact or actions would result in a complaint to the appropriate agency and possible legal action by you, or
2) You can simply send a copy of the settlement letter to each agent who contacts you in the future, or
3) You can ignore any further contacts by the creditor or their collection agents.... at least until such time as you are noticed of a lawsuit (if that were to happen). If you are sued, that is the time to present your 'settlement' letter to the court.
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GambbittPA
Guest
VIOLATIONS OF THE FDCPA
Hey I am pretty sure that in there somewhere they are violating the FDCPA (Fair Debt Collection Practices Act) and under the act you can sue the collection agency for a thousand dollars for each violation. Also under the act you can request that the third party collection agency not contact you again. At that point they can not contact you and must send your account back to the origonal creditor. The creditor can contact you but you can send them the letter showing that their authorized agent settled the account and that the account is now closed. Also check your credit report to see how it is reflected.
Hey I am pretty sure that in there somewhere they are violating the FDCPA (Fair Debt Collection Practices Act) and under the act you can sue the collection agency for a thousand dollars for each violation. Also under the act you can request that the third party collection agency not contact you again. At that point they can not contact you and must send your account back to the origonal creditor. The creditor can contact you but you can send them the letter showing that their authorized agent settled the account and that the account is now closed. Also check your credit report to see how it is reflected.
First of all, the damages are adjudicated and can range from $100 to $1000 . It's up to the judge. The max is $1000 per action and not, per violation.
It's also not automatic that an FDCPA violation will result in monetary damages. The collection agency has a bonofide error defense as well as a negilent noncompliance defense available under the FDCPA. A judge can rule there were violations and still award minimal damges or even no damages.
It's also not automatic that an FDCPA violation will result in monetary damages. The collection agency has a bonofide error defense as well as a negilent noncompliance defense available under the FDCPA. A judge can rule there were violations and still award minimal damges or even no damages.
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hexeliebe
Guest
Hey, made me cringe all over and I'm not even interested 
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GambbittPA
Guest
SUCH AS ANYTHING YOU'VE EVER POSTED??
YEA THAT'S WHAT I THOUGHT!
YEA THAT'S WHAT I THOUGHT!
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hexeliebe
Guest
I guess I'm going to have a little fun with HOBBITASS
By the way guys and dolls, this is the same jerkoff who thinks nothing of telling someone to go back to their third-world country from where they came because they can't understand enough English, and then has the audacity to ask if he has a case for Defamation.
I'll defame his character alright....You're an IDIOT!
By the way guys and dolls, this is the same jerkoff who thinks nothing of telling someone to go back to their third-world country from where they came because they can't understand enough English, and then has the audacity to ask if he has a case for Defamation.
I'll defame his character alright....You're an IDIOT!
Hexy, your overlooking the best 'stuff' from this idiots post.
In his original post, he said, "that she should learn how to speak enlish but I also never Threatened her" and " I know since she is so stupid and cant speak english".
And after making that claim about someone else, he isn't even smart enough to realize that 'English' should be capitalized and that 'Threatened' shouldn't be. And from another of his posts:
"aggrivation"
And yet this guy has the audacity to make statements of someone elses stupidity for not knowing how to speak ENGLISH!!!
What a twit!!
In his original post, he said, "that she should learn how to speak enlish but I also never Threatened her" and " I know since she is so stupid and cant speak english".
And after making that claim about someone else, he isn't even smart enough to realize that 'English' should be capitalized and that 'Threatened' shouldn't be. And from another of his posts:
"aggrivation"
And yet this guy has the audacity to make statements of someone elses stupidity for not knowing how to speak ENGLISH!!!
What a twit!!
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GambbittPA
Guest
HAHAHA
I was insulted by the "FreeAdvice" whores!!
The whole reason I ever joined this post is because I heard how incredibly dumb the people on it were and how funny it was to screw with them. Oh they were right!! You're all SUCH losers!!
I really just can't stop laughing at you all!
Ahhh well good luck with your life because being a "FreeAdvice" whore is about as far as you're ever going to go.
I was insulted by the "FreeAdvice" whores!!
The whole reason I ever joined this post is because I heard how incredibly dumb the people on it were and how funny it was to screw with them. Oh they were right!! You're all SUCH losers!!
I really just can't stop laughing at you all!
Ahhh well good luck with your life because being a "FreeAdvice" whore is about as far as you're ever going to go.