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Citibank- pay for delete?


Forget_the_Odds
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I did an Accord and Satisfaction w/Citi for about 40% of a disputed balance and got it deleted (Charge Off).

 

First I sent them a letter stating that the A and S was coming and asked them to tell me if they did not want to receive it.

 

Next I sent payment with the restrictive endorsement on the back of my check (but everyone suggests NOT using a check, so...) and enclosed a letter saying "here it is" and "i told you it was coming," not in those words. I stated that they will be required to delete the tradeline from all 3..you gotta have the right language or else forget it.

 

Next I sent a letter after they accepted the money and asked them to return the money if they did not want to be bound by the contract.

 

Next I disputed it with all three CRAs and Citi deleted.

 

Interesting, they will say "WE DON'T ACCEPT YOUR RESTRICTIVE ENDORSEMENT," but they are bluffing all the way.

 

The clause in their Card Agreement is not valid, IMO. I am speaking about the one that says that they can accept payments in full w/out losing their rights.

 

SD ST 57A 3-311 has never been confronted by a SD court, nor does Citi want it to be.

 

SD ST 57A-1-207 was amended in the mid nineties, I think it was 1994, at the very same time that SD ST 57A 3-311 was passed. The amendment was subsection (2) which states "Subsection (1) does not apply to an accord and satisfaction." Subsection (1) speaks to "reservation of rights," esseentially the same principle that Citi's Card Agreement recites.

 

Contracts that contradict existing statutes are void as against public policy. SD ST 53-9-1.

 

Whether or not SD law actually applies to an A and S, a totally new contract, is a quesiton that you will need to answer.

 

Citi has not tried to collect on this and have not reported it again. They wil bluff, however. It took me some time to realize that they are TRULY BLUFFING.

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  • 7 years later...

I did an Accord and Satisfaction w/Citi for about 40% of a disputed balance and got it deleted (Charge Off).

 

First I sent them a letter stating that the A and S was coming and asked them to tell me if they did not want to receive it.

 

Next I sent payment with the restrictive endorsement on the back of my check (but everyone suggests NOT using a check, so...) and enclosed a letter saying "here it is" and "i told you it was coming," not in those words. I stated that they will be required to delete the tradeline from all 3..you gotta have the right language or else forget it.

 

Next I sent a letter after they accepted the money and asked them to return the money if they did not want to be bound by the contract.

 

Next I disputed it with all three CRAs and Citi deleted.

 

Interesting, they will say "WE DON'T ACCEPT YOUR RESTRICTIVE ENDORSEMENT," but they are bluffing all the way.

 

The clause in their Card Agreement is not valid, IMO. I am speaking about the one that says that they can accept payments in full w/out losing their rights.

 

SD ST 57A 3-311 has never been confronted by a SD court, nor does Citi want it to be.

 

SD ST 57A-1-207 was amended in the mid nineties, I think it was 1994, at the very same time that SD ST 57A 3-311 was passed. The amendment was subsection (2) which states "Subsection (1) does not apply to an accord and satisfaction." Subsection (1) speaks to "reservation of rights," esseentially the same principle that Citi's Card Agreement recites.

 

Contracts that contradict existing statutes are void as against public policy. SD ST 53-9-1.

 

Whether or not SD law actually applies to an A and S, a totally new contract, is a quesiton that you will need to answer.

 

Citi has not tried to collect on this and have not reported it again. They wil bluff, however. It took me some time to realize that they are TRULY BLUFFING.

 

 

Hi Willy,

 

I've been researching the A and S option, but not to the extent you've seemed to figure it out. This (with Citi) is the exact situation I'm in - with an old charge off totaling ~1300 bucks. Since I'm new here, is there any chance you would consider coaching me through exactly what you did on a personal level via email, or you're preferred method of communication?

 

Regards,

 

-Matt

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  • 13 years later...

I asked Citi bank for a full payoff amount and to close account.  I paid the amount stated and Citi closed the account.  Three weeks later they auto deducted an interest claim from my checking account.  I have disputed that charge and am waiting to see if big brother is going to bother fighing it.  

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On 7/20/2004 at 9:35 PM, Forget_the_Odds said:

Anyone have experience getting Citibank to pay for delete? It is only about $1700 and I just want it gone. DOLA is 4-01 (date closed is 2-00). I am in PA but moving to CO soon.

 

Thanks for any info / advice!

??? Are you saying you want to pay $$$ on an account  that defaulted over 24 years ago???It should not under any circumstances still be on your reports

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