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Letter of REFUSAL TO PAY

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Wasco_Kid

Joined: 11 Feb 2010
Wasco_Kid's page
Posts: 34

775 Magic Points

Subject: Letter of REFUSAL TO PAY

Mon Feb 22, 2010 6:50 am

Who would use this letter in the credit repair process? If used....when would be a good time to recommend submitting it in a credit repair process?

If you wanted to encourage a lawsuit by a CA would submitting this inspire them to sue? Could this action help lure a CA to sue so a settlement could be proposed to avoid liti9gation for FDCPA violations?

Would this be a waste of time and effort? What would be the best and worst case scenerios against a CA....like Midland, Cavalry, Arrow, etc.?

Any comments, thoughts and opinions welcome.

goodnatured

Joined: 03 Nov 2007
goodnatured's page
Posts: 3927

10 Magic Points

Mon Feb 22, 2010 11:35 am

Do you want them to sue you? What is your intention? I guess it sounds kind of silly but most people come here and try to avoid a lawsuit, but if I am reading your post right, you want to bait them into one right? Can you explain why if this is the case.

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2675

48566 Magic Points

Subject: letter of refusal to pay

Mon Feb 22, 2010 12:35 pm

Hi Wasco,

I think that allowing the collection agency (CA) to file a lawsuit, is a waste of time and effort. It is better to settle the debt with the CA now, rather than doing it after being sued. Your account has been charged off, and therefore, it has damaged your credit score. Now, if you allow a lawsuit against you, your score will lower all the more. Moreover, after the judgment, ultimately, you will have to pay the debt, and it will stay in your credit report for 7 years. As you owe the debt, and you need to pay it, you must settle it now itself with the CA.

Hope this helps.
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Wasco_Kid

Joined: 11 Feb 2010
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Posts: 34

775 Magic Points

Subject: Letter of REFUSAL TO PAY

Mon Feb 22, 2010 1:54 pm

For the record, the accounts represented by the CA's are past SOL. They have refused to respond to DV letters and continue to report to the CRA's. The CRA's continue to report that the accounts have been verified as belonging to me by the reporting source.

So the scenerio would be....submit a letter of refusal to either push them into filing a suit so I can have the cases dismissed because of the SOL or submit the LRTP in hopes they sell it off to another CA and deal with the reporting of invalidated debt through my own civil action.

Opinions?

cinnamngrl

Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455

6339 Magic Points

Mon Feb 22, 2010 2:29 pm

But wasco, when did you send the dv letter? Have u answered this? Slow down.
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Wasco_Kid

Joined: 11 Feb 2010
Wasco_Kid's page
Posts: 34

775 Magic Points

Subject: Letter of REFUSAL TO PAY

Mon Feb 22, 2010 4:38 pm

DV letters were sent in Middle November 2009.

cinnamngrl

Joined: 01 Nov 2008
cinnamngrl's page
Posts: 1455

6339 Magic Points

Mon Feb 22, 2010 11:23 pm

Have you sent a Method of Verification letter to the CRAs?
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Wasco_Kid

Joined: 11 Feb 2010
Wasco_Kid's page
Posts: 34

775 Magic Points

Subject: Letter of REFUSAL TO PAY

Tue Feb 23, 2010 1:33 am

Yes. I should be getting a reply soon.

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