I've posted two other times on the forum talking about my situation. I had been originally contacted by Merchants Credit Guide because of a charged off car loan from Household Automotive that had been charged off in 2002.
I had not known about this website before I had contacted the agency. I was really upset and felt all the feelings you could expect when you receive a letter about a debt that you believed was in your ex-husband's name only. The debt was outside of the SOL for a year or so but I had felt so much pressure from the agent and stress from the situation that I had made a small payment. I've already talked with a few people on here about the SOL and sadly it did restart the time on the loan. what's done is done...
I've been contacting Merchants Credit Guide by certified mail only telling them that I will only discuss this debt via mail. Merchants Credit Guide sent back to me debt validation paperwork that included a copy of the automobile title. I told them that I would be contacting the original creditor to get a copy of the original loan contract to determine if I had even signed it or if I was added by my ex-husband. The auto title said my name AND his name. The original loan was taken out in 1999 when I lived in Pennsylvania. I had separated and moved to Georgia roughly in 2000. I had been making payments up to a point and remember telling Household auto that they could have the car back. It had been towed and it had been broken into. No damage but some of my things were stolen... long story there so I won't go any further.
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Skip to today.... I've received a copy of the original contract and to my sadness it does show both of our names which means that we are both responsible. I'm sure that they have had no success trying to find him so they are after me.
I'm planning to write up a letter to send tomorrow telling them what terms I can make payments on this debt. My only other option is to file for bankruptcy. The total was originally $25k when they mailed me and with the research Merchants Credit Guide's last letter showed $26k
My question is...
[1] When I had made that payment, The collections agent with Merchants Credit Guide was pretty aggressive about having me agree to a settlement amount of $7k. Even with my payment, I had said on the phone three times that it was not my debt and that I wasn't responsible. He had said on the phone and they had sent two letters after that the settlement amount was only good to the end of August. I want to firmly write them a letter saying what terms I will agree to with this loan. The statement they sent with the debt validation letter said the remaining balance on the loan was $16k.
[2] Do you think it would be a good thing that when sending the letter send a "pay to delete" letter with it saying that they agree to delete this off of my credit report because I have agreed to make payments?
Thank you again in advance. I've been following the forum since receiving receiving the first letter and I don't feel so alone in it all when I come here. I feel more knowledgeable knowing that I know my rights.
My other posts
My other posts
http://www.creditmagic.org/repair/about8442.html
http://www.creditmagic.org/repair/about8236.html[/url]
At this point you need to be hard with them as they are with you
Wirte a detailed letter and askign for anythign you want them done
At this point you need to be hard with them as they are with you Write a detailed letter and asking for anything you want them done
Do you think they will agree to all of it? I know nobody can tell me what they will say but I don't have much experience with this.
**update**
I sent the letter on 29 Sept. It's been 10 business days. No response from them as of yet.
Try calling them and see what response you get
Try calling them and see what response you get
Actually.. I had realized after I'd gotten to work that I had mailed it that day but my certified mail receipt says it was delivered friday, 2 Oct. I wouldn't call them anyway. I want to keep all communications via certified postal mail.
Still no letter back. The ups confirmation shows it was delivered on 2 Oct @ 9AM. Tomorrow would be the 15th business day.
This is what I'd sent...
Dear Collection Officer,
This is for your information that the validity of the debt has been disputed. It is not to be construed as an acknowledgment of my liability for this debt in any form.
I will pay your company the amount of $6,000 in monthly installments of $100 per month as full settlement of this account. The payment made on 8/17/2009 of $120.00 will show as a payment. If you accept this agreement, I will send you a money order or certified cashier’s check for the settlement amount of $100.00 per month in exchange for a full deletion of all references regarding this account from my credit profile and full satisfaction of the debt.
This agreement is binding and will be void should you not hold up to your end of the agreement. Furthermore the debt will be deleted from my credit profile at all three credit bureaus, or the bureaus your company regularly reports to in the course of doing business. It should not be interpreted as recognition of the debt as valid or acknowledgment of liability for the same.
Incase you accept the terms of the agreement, the certified amount of $50 will be sent to the collection agency provided there is complete deletion of any reference to the debt from my file, from all the credit bureaus that you have reported to. As the full amount demanded will be paid back there should not be any waiting phase regarding the deletion of the items from the reporting bureaus.
Your agency should be deleting all information regarding the account from my credit files within 10 calendar days from the receipt of the payment as mentioned in the agreement. The terms of the agreement will not be discussed with anyone but your client on this account. No third party should be informed if contacted. No acknowledgment of debt or any kind of payment or settlement should be informed if contacted by the Reporting Agencies.
Following the acceptance of the agreement please prepare a letter on your company letter head unambiguously agreeing to the mentioned terms and conditions as the above settlement offer and have it signed by the authorized signatory of your agency. The letter will imply a legal contract, enforceable under my state laws.
In case I do not receive any approval letter within 15 days of your receipt of this letter I will withdraw this offer and request debt validation as per the Fair Debt Collection Practices Act.
Please communicate regarding this account to the address mentioned below.
No letter today.
I'm thinking about writing another letter to them including the original one I'd sent. Thoughts?
If we count monday, 5 Oct as the first day then technically friday, 23 oct is the 15th day.
Still no letter
Still no response of any kind from them.
I sent a second letter on 4 Nov and it was delivered via USPS certified mail on 9 Nov at 9:16 AM.
Hi abigorbot,
I know you are still waiting on letter. But in reading your letter you sent you gave them 15days to except your arrangement or you would withdraw. Not being mean but do you think since you haven't gotten a letter from them that they are not going to except the agreement you sent them. And as waiting for them to send something to verify that it is your debt. I think in your first post you said they sent something with both of your signatures on it as proof. I hope I'm wrong and you get your letter back from them tomorrow and they have agreed to it. This is just my guess of what might be going on and that 's why you haven't gotten a letter yet.
I know you are still waiting on letter. But in reading your letter you sent you gave them 15days to except your arrangement or you would withdraw. Not being mean but do you think since you haven't gotten a letter from them that they are not going to except the agreement you sent them. And as waiting for them to send something to verify that it is your debt. I think in your first post you said they sent something with both of your signatures on it as proof. I hope I'm wrong and you get your letter back from them tomorrow and they have agreed to it. This is just my guess of what might be going on and that 's why you haven't gotten a letter yet.
I actually sent two letter and they both said 15 days so it seems that I had given another 15 days for them to respond. It does seem that your right though. The 15th day on the second letter is this monday 23 Nov.