Settlement from a CA??

[Kles]

I received a debt collection letter from South Western Credit Soultion offering me a "settlement" with AT&T wireless in April 2012. It said I can pay 50% of the intiayl amount owed. I took advantage of the offer and paid it. Then in September 2012 I received another "settlement offer" for the SAME AT&T account from CBCS but this time for the remaining balance.

 

I contacted CBCS and told them I have alreadt satidifed this debt and thy suggested I contct AT&T - who then said that a settlement offer does not satisfy the debt but just closes the debt with THAT CA. But the balance can then be sold off -

 

Is this true?

 

Can anyone provide any insight about Settlement offers?

 

I live in NJ.

[breeze]

Yes, it's true, That's why we tell you not to pay CA's They lie. They are not here to help, they want commissions so they will tell you anything to get your money right then.

[Elizabeth_Speaking]

That's why your PFD agreement includes a clause prohibiting the CA from selling the debt.

[beli]

Yup, balances can get sold.. was the new letter that you received from the new CA was the balance of what was settled?

[Kles]

Yes! I see that CA's lie & know that since I've become a member. I've opted out and today I'm sending out the address corrections to the three reporting agancies (RA - I believe is what they are refered to)

 

Funny that after I posted this , I went to check my PO BOX and have a THIRD letter from another CA. this time Enhanced Recovery Company.

 

Yes all the new CA's are asking for the balance of what was paid by the original "settlement".

 

Can anyone point me to a post that can help? --Should I send the account closure letter I received from SWC (the CA I "settled" with) to the newest CA?

[EnC_Plus3]

Wow, I was unaware that CA's could do that as well. I haven't paid any CA's directly and now I'm really glad I didn't. Op, sorry they've trickstered you. I'm curious though, for the op, if he (or she) received a "settlement" letter doesn't the term itself imply that they are settling for a specific amount? I would think a complaint w/BBB and/or CFPB could help the op. If this was a deceptive act on the part of the CA wouldn't the op be protected by the laws? Do you have the settlement in writing? Is there fine print stating that there will still be a balance?

[equal_opportunity_offender]

I would think that if the original creditor was still the owner of the account (and did not sell it to a JDB), and the collection agency was just attempting to collect on behalf of the original creditor as an agent, then any legally binding agreement for any debt settlement can only be binding between the original creditor and the debtor himself, and not between the collection agency and the debtor unless the OP has paperwork from the CA that states as a condition of the settlement that the debt is settled in full or similiar, than that is a whole other scenario.

 

I believe the same would apply if it were a JDB (that would own the debt).

[EnC_Plus3]

My assumption is that anytime one would pay a "settlement" it would be settled, regardless of the owner of the account. So, in the case that AT&T owns the account and has CA XYZ collecting for them, any agreement for settlement would have been approved by the OC and therefore in any paperwork/agreement the CA sent to the OP. I've learned that there are so many screwy things about credit, scores, reporting, violations, the list goes on....so I s'pose I wouldn't be surpised at much but still seems to me that when you settle on something its....settled. Ugh, CA's are dirty.

[equal_opportunity_offender]

I agree... CA's are dirty... they need to shower more often... next time a CA contacts me, I will send them a gift basket of soap.

[EnC_Plus3]

[Kles]

I would think that if the original creditor was still the owner of the account (and did not sell it to a JDB), and the collection agency was just attempting to collect on behalf of the original creditor as an agent, then any legally binding agreement for any debt settlement can only be binding between the original creditor and the debtor himself, and not between the collection agency and the debtor unless the OP has paperwork from the CA that states as a condition of the settlement that the debt is settled in full or similiar, than that is a whole other scenario.

 

I believe the same would apply if it were a JDB (that would own the debt).

Yes the letter is have from SWC says the account is paid in full & closed. Then as I stated when AT&T called SWC on 3 way the SWC acted like then knew NOTHING about the settlement.

 

I'm thinking I should send my proof in to the CRA's certified mail to dispute but I just started my Hippa process. I'm so aggravated & confused.

[ICANHASMUNY?]

if you have a letter of settlement from AT& T, and they then sold the balance to a JDB, or turned it over for collections,

 

file suit against AT&T for breach of contract.

 

a settlement agreement is a private contract.

[Kles]

if you have a letter of settlement from AT& T, and they then sold the balance to a JDB, or turned it over for collections, file suit against AT&T for breach of contract. a settlement agreement is a private contract.

There are three CA's involved SWC , CBCS, & ERS.

 

The settlement agreement I have is with the 1st CA - SWC.

 

& AT&T is saying that because they had know knowledge of the agreement that I now owe the other half plus the fees for the other 2 CA's.

[equal_opportunity_offender]

 

I would think that if the original creditor was still the owner of the account (and did not sell it to a JDB), and the collection agency was just attempting to collect on behalf of the original creditor as an agent, then any legally binding agreement for any debt settlement can only be binding between the original creditor and the debtor himself, and not between the collection agency and the debtor unless the OP has paperwork from the CA that states as a condition of the settlement that the debt is settled in full or similiar, than that is a whole other scenario.

 

I believe the same would apply if it were a JDB (that would own the debt).

Yes the letter is have from SWC says the account is paid in full & closed. Then as I stated when AT&T called SWC on 3 way the SWC acted like then knew NOTHING about the settlement.

 

I'm thinking I should send my proof in to the CRA's certified mail to dispute but I just started my Hippa process. I'm so aggravated & confused.

 

It is possible SWC did something they were not authorized to do within their contract with AT&T, such as settle this debt for an amount less than full. That is not your fault if they did.

 

However, being that you have the proof from SWC that this debt is paid in full and closed, then perhaps try calling the AT&T office of the president at 877-707-6220 to get this issue resolved.

[Kles]

Thanks equal_opportunity_offender,

 

I will be calling first thing Monday morning!

[equal_opportunity_offender]

Not a problem

[ICANHASMUNY?]

 

if you have a letter of settlement from AT& T, and they then sold the balance to a JDB, or turned it over for collections, file suit against AT&T for breach of contract. a settlement agreement is a private contract.

There are three CA's involved SWC , CBCS, & ERS.

 

The settlement agreement I have is with the 1st CA - SWC.

 

& AT&T is saying that because they had know knowledge of the agreement that I now owe the other half plus the fees for the other 2 CA's.

BS.

 

under common law of Agency, their agent settled the debt, and it's over.

 

you have the settlement agreement in writing, ?

 

AT & T can go after the CA who settled it - it's over for you.

 

Tell the other CA's to FOAD & send them a copy of the settlement agreement.

 

Tell AT&T to FOAD.

 

Any judge in the country would throw out any lawsuit if you show up with a written settlement agreement and tell AT&T to take it up the balance with the CA.

[Kles]

Sorry! I am still new to this - FOAD?

 

Why does that mean?

 

Thank you ! I really appreciate the help & support !! <3

[equal_opportunity_offender]

Sorry! I am still new to this - FOAD?

 

Why does that mean?

 

Thank you ! I really appreciate the help & support !! <3

 

F*** Off And Die = FOAD

[Kles]

LOL oh YES!! I like !!

[ICANHASMUNY?]

RE; Account #

 

 

Dear AT&T

 

I am in posession of a written settlement agreement from you agent _____________________ stating that for $ ___________ the account would be settled.

 

Under Restatement(2nd) of Agency 161, an Agent subjects his principal for acts done on his account which usually accompany , or are incidental to the transactions that the agent in authorzed to conduct, if although

 

if they are forbidden by the pricincipal , the other party reasonably believes that the agent is authorzed to do so, and had no notice at the time that the agent was not authorzed to do so.

 

If you seek further redress on this matter, you will have to take this balance you state is due up with the collection agency who settled the matter on your behalf, as i reasonable believe that they had the authority to settle the account when the offer was made and accepted.

 

in other words AT&T is liable for the actions of thier agents performed with apparent authority.

 

Your Agent settled the account on your behalf, and it is illegal for your firm to chase the balance.

 

regards,

 

_____________________________

[Kles]

Thank you! Sending this letter out certified right now!

[Kles]

I am really grateful & appreciative to you all! Thank you <3

[Kles]

I am really grateful & appreciative to you all! Thank you <3

[Kles]

Have a mini update - sent the letter provided by Misses ICAN, settlement from 1st CA, & bank statement proof to both ATT&T & the newest CA via CM-RR.

Also sent a complaint about AT&T via BBB.

 

Got an email from AT&T's president office saying they had been trying to reach me regarding BBB complaint and to please call - although I had NO missed calls I did indeed call only to be prompted to leave a voice mal - i did & also replied to the email.

 

This all transpired yesterday.... still waiting!