Pay to Delete Letter Question

Tell them no delete letter-- no pay

Who is the original creditor and when did this account become delinquent.

Hi Mannie,

Your query has been answered at http://www.creditmagic.org/report/collection-pdl.html#43524 .

Hope this helps.

Regards,

Aaron

Hi Mannie,

You send them a "Pay for Delete" letter through certified mail, requesting a return receipt. They may answer to this letter. You can then use it as the proof of the agreement.

After you pay them the settlement amount, pull a copy of your credit report and check the status of the account. It should be listed as "Paid".

Hope this helps.

Regards,

Aaron

Actually Aaron there are states where sending a signed agreement to pay will reset the SOL. eek.

Also a PFD letter that is not on their letterhead and not signed by the CA isn't worth much more than the phone conversation. I am concerned about these guys. I think they may be trying to trick this person.

WHAT STATE DO YOU LIVE IN? am i missing this, if so I am sorry.

6 years is way beyond UCC sol in most states. if this is beyond SOL then you can afford to sit tight until they act right.

However, if you send them a signed agreement to pay (your PFD letter, written by you), in some states it could reset the SOL!!!

Instead, send them a letter CMRRR, stating that you have been reading some pamphlets at the AGs office, and heard a stories about CAs that say they are willing to settle and then sell the remaining portion of the debt to another CA or return it to the OC.

Tell them that you are interested in a settlement if the put the terms in writing on letterhead.

if this was 04, then it will fall off next year! tell me what state and relax.

what month in 2004?

6 years is the SOL in Wisconsin, after which you can win the lawsuit with affirmative defense! Tell them you'll pay 25% with deletion letter or just wait a year. this is coming off your report in 11, what is the rush? if you are in a hurry they will get you to pay extra.

I bet if you mention SOL to them they will fold up and go away.

play nice until after sol, but don't promise or pay. don't sign anything.

if you get served show up.

that would be illegal.

Look at your credit report, does it say when this item will leave your report?

which report is this?

where are you looking at your report? online? TU, EX or EQ or innovis?

and what month in 04 did this default?

ok the 6 years should expire in nov of 10. So was the last payment in nov 04? because the DOFD should equal 180 days past last payment, also did you DV this?

DV is a letter to the CA asking for proof of the debt. you can check my links or google

DOFD means when did the delinquency start. It should be 180 days after first serious delinquency.

RE-Aging is illegal, but you need to keep your records straight to fight it. For instance there are some states that say if you send a signed PFD proposal, they can reset the SOL.

The problem here is not that the CA opened there account in 09, which is normal but whether they are trying to change the SOL.

TITLE 47 > CHAPTER 5 > SUBCHAPTER IV > § 415
Prev | Next § 415. Limitations of actions
How Current is This? (a) Recovery of charges by carrier
All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.
(b) Recovery of damages
All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section.
(c) Recovery of overcharges
For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.
(d) Extension
If on or before expiration of the period of limitation in subsection (b) or (c) of this section a carrier begins action under subsection (a) of this section for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.
(e) Accrual of cause of action for transmission of message
The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.
(f) Enforcement petition
A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.
(g) “Overcharges” defined
The term “overcharges” as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission.

lynnholland, creditkeeper is scamming you. I hope you report them to your Attorney General.

It is illegal for a Collection agent to re-age an account when they buy the debt. They are just telling you that to get you to sign up for their product.

Hi Lynn,

No, no accounts can get reported for more than the stipulated time. The time limit doesn't change each time the debt is sold off. Cinnamngrl is right. It is illegal to re-age an account. Only when the re-aging is done after a mutual agreement between the debtor and the creditor, can it be considered legal.

Thanks,

Aaron