No response to Pay For Delete letter

[brooksorlando]

The 30 days I allowed for a response to a PFD letter that I sent has passed without a response. Is the next step to give them a call? I am nervous about messing up and accidentally doing something stupid. What should I do?

[breeze]

It would be better if you can give us some details of the situation - nothing personally identifying, but the type of debt, when you defaulted, what other actions have been taken... etc

[stroked89coupe]

Also, Does the creditor or CA have multiple addresses? If your willing to post up with the Creditor or CA name we may be able to see if there is a better address for you. Or you can google the name and see if you can find out anything like that.

[brooksorlando]

The debt is an old cable bill (Comcast) from my college days (around $1200). CA is Convergent Outsourcing, I sent the letter to 800 SW 39th St Renton, WA.

 

The letter I sent (with private info removed):

 

 

To whom this may concern:

 

This letter is not to be construed as an acknowledgment of my liability for this debt in any form, but rather an attempt to amicably settle the remaining balance owed on the following account: #----------

 

The total amount you allege I owe on the account is $1212.00. I will pay your company the full amount of $1000.00 as complete settlement of this account, provided that you explicitly agree to each and every point listed as follows:

 

1. Convergent Outsourcing agrees to accept payment of $1000.00 as an agreed full and final settlement of all outstanding charges and fees on Account #------------

 

2. Convergent
Outsourcing agrees to permanently cease any and all attempts to collect on
Account #------------, either directly or through a collection agency.

 

3. Convergent Outsourcing agrees not to sell the debts owed on Account #------------ to any third party, since Convergent Outsourcing would recognize the account as being paid in full.

 

4. Convergent Outsourcing agrees to completely delete all references to Account #------------ from any and all credit reporting agencies, including, but not limited to, Equifax, Experian, and TransUnion. Complete deletion of all account references to Account #------------ will be completed within TEN days of receipt of payment without delay, since certified funds will be sent promptly upon receipt of your acceptance of this offer.

 

5. Upon complete deletion of all references to Account #------------ pursuant to point 4 referenced above, Convergent Outsourcing agrees not to discuss or report Account #------------ with any third party, including, but not limited to:

 

a. All credit reporting agencies, AND

b. All collection agencies

 

6. Convergent Outsourcing will provide ------------ with a copy of the Universal Data Form Convergent Outsourcing transmits to each credit reporting agency showing the deletion requests and/or a signed, dated letter confirming that Convergent Outsourcing has notified each credit reporting agency requesting the deletion.

 

7. This agreement is binding upon both parties.

If you agree to points 1 through 7 listed in this settlement offer, please have an individual authorized to make such agreements on behalf of Convergent Outsourcing sign and return a copy of this offer to the return address listed at the bottom of this page. Upon receipt of this agreement, ------------ will promptly send you a certified check in the amount of $1000.00. The individual who signs on behalf of Convergent Outsourcing must have express authority to make such agreements binding upon Convergent Outsourcing or the agreement is void.

 

I look forward to resolving this matter in the best interests of both parties. I think this is a fair offer, and it is entirely within the rights and legal obligations of both parties to do this.

 

Thank you very much for your time in this matter, and I will await your response.

 

Notice: This agreement is restricted to the terms stated herein. This is not a renewed promise to pay, but rather a restricted
settlement offer only. Failure to respond within 30 days of the date of this letter will terminate this settlement offer.

 

 

 

 

 

 

The 30 days have passed without a response. What are my next steps?

 

Thanks!

[breeze]

Has it been more than 2 years since you defaulted on this?

[brooksorlando]

Its been at least 3 years. State is Pennsylvania if that helps.

[breeze]

I believe this falls under the UCC goods and services = 3 years, or there's one for telephone services that's 2 years - either one, you hold all the cards here. They want money, you have money. They cannot sue you and win - you would have to answer, but they could not win - well, maybe if the judge was crooked or high on something but that's pretty out of the ordinary.

 

Keep bumping this back to the front page if I forget. there's lots of ways to handle it, but, although I was among the original proponents of this, it's been years and CBer's have refined it to an art.

 

Sit tight.

[brooksorlando]

Thanks breeze!

 

So CBer's.. Whatcha got for me? Call? Send another letter? Do nothing?

[Guest]

I FOADed Convergent. Same address as you have, OP.

 

I found a thread about it is here http://creditboards.com/forums/index.php?showtopic=480149 if it is helpful!

 

(And FOAD = a letter that lets them know they can't do anything, basically.)

 

This should be a pretty easy battle for you, all the facts are on your side, OP!

Edited February 13, 2013 by rslifkin

[brooksorlando]

Thanks for the info rslifkin.

 

I should clarify that Covergent was not actively pursuing the collection, I finally checked my credit and this showed up.

 

I'm quite a newbie here, should I ask to validate the debt? I feel if I send an FOAD they will just ignore it like they did my PFD letter, then the debt will stay on my report forever.

 

My goal is have the debt removed from my report ASAP, even if it means paying up to 100%.

[Guest]

Thanks for the info rslifkin.

 

I should clarify that Covergent was not actively pursuing the collection, I finally checked my credit and this showed up.

 

I'm quite a newbie here, should I ask to validate the debt? I feel if I send an FOAD they will just ignore it like they did my PFD letter, then the debt will stay on my report forever.

 

My goal is have the debt removed from my report ASAP, even if it means paying up to 100%.

 

No prob, brooksorlando! May I request that you go to "My Profile" and "Add rslifkin as a friend?"

 

As to the rest.. I have some info that should be helpful.

 

brooksorlando (OP,) That is actually the opposite of how Convergent went after me! You say that they sent you no letter, but when youchecked your credit, it was there. This is a likely scenario, and happens a lot. The best letter to use, in that case, for first contact, is ICANHASMUNY?'s "Letter for first contact from a CA that never sent you a letter but popped up on your report." She is a lawyer-type, and she is awesome.. pretty cool and helpful, most always. And she is a CB regular! You are in the right spot to be led by the PROS! As to me.. I am sort of your "Jailhouse lawyer." So.. I've been around, and that is why I am helpful. This is the link to the letter I described. (IMHO, it should have been your first, since it serves as a DV.. More about that, next!) And here is that linky http://creditboards.com/forums/index.php?showtopic=500226&do=findComment&comment=4747362

 

 

Now. About that first letter, and you say you received no response to your PFD letter... If I am reading the circumstances right, then you NEVER sent them the DV letter first? In my opinion.. you should have. They may have removed it from your CR (Credit Report) right then! Its OK, though. You could still send that letter to them, since, in my case, they sent me a letter in the mail.. but never made it to my credit report. Lately, that seems to be the opposite: CAs (Collection Agencies) go on your CR, but never send you one in the mail! So, I would perhaps give that letter linked a shot, sent Certified. Convergent folds pretty easily.

 

Also.. a tip for DV letters: Custom-tailor it to suit you! You DON'T want to include the "laundry list of demands," that most of the time a CA is NOT required to send. A well-written, short (keep it to one page?) custom-tailored letter, with some FCRA and FDCPA citations, should scare the bejesus out of them and tell them to back off, since 90% or more of people "Just pay the bill." AVOID the language "I will be forced to sue" or something-such; it may make it be marked as frivolous.

 

So, I would write that new letter to them.. Anything else, please feel free to share/ask!

 

That'll be one juice, please. Haha, j/k.. Welcome to CB! And please let me know if the info I gave was useful!