settlement offer

[sohnaf]

What is the name of your state? Ohio

I got a settlement offer from a debt collector. They want half my yearly wage in less than a month. Also, I am still attempting to dispute the charges. What would be the best thing for me to do. Do I write to reject the offer saying the amount and time is unreasonable and that I'm still disputing?

 

[sohnaf]

I believe that the charages are not my false, however I am having a hard time conviencing them of it. I ask for validations, however the validation they gave me proof to me nothing. I asked for more specfic valdiations but they have not comply to that. They gave me a settlement offer instead.

 

[sohnaf]

I did send the letter disputing the charges and I did send it certified mail and kept the receipt. My question is is what do I do about the settlement offer? Do I write a letter back saying I reject the settlement and why or just ignore it?

 

[sohnaf]

Thanks badtiming, you have been a great help.

 

[TigerD]

The letter you sent them.Did you write by law they have 30 days to show you proof of debt and if they dont show you proof you consider the matter closed and immediatley remove debt from all 3 credit reports.I would send them a letter reminding them they did not verify debt within the 30 day time period and by law any further communication is harassment
By the way,I am not in anyway a lawyer
I am going through some stuff myself right now
But I have erased some large debts via this method
The only thing that sucks for you is taht your in ohio and the time barred sol is 15 years(geesh)

That is so stupid as to be laughable. The fact that you would tell someone esle to do that is dangerous.

1. They did verify the debt.
2. The OP wasn't happy with verification -- too bad for the OP.
3. the debtor has no legal basis to give a 30 day demand.
4. They are not obligated to remove anything from your credit report.
5. If you want to stop most of the communication, send a cease and desist letter. But be aware that if you do that you are setting yourself up for a lawsuit.

-- As the poster "badtiming" is quite aware.

6. There is no such thing as "time barred" SOL is an affirmative defense and only that. It is the defendant's obligation to raise the issue.

*****
If you are going to give advice -- try to know something about the subject. You are completely wrong here. Not just a little, totally, embarrassingly wrong.

DC

PS It would be easier for everybody if the OP contued the other thread he started on this subject.

 

[sohnaf]

Debt Collector,

The verification that they sent me did not proof that I owe the debt. I stated my reason for not owing the debt and they have not sent any rebuttal. In addition I think I want to believe anything you say about this subject, as I wouldn't believe debt collectors to tell me the truth about the laws governing the debt collection action.

 

[TigerD]

Debt Collector,

The verification that they sent me did not proof that I owe the debt. I stated my reason for not owing the debt and they have not sent any rebuttal. In addition I think I want to believe anything you say about this subject, as I wouldn't believe debt collectors to tell me the truth about the laws governing the debt collection action.

I don't expect you to actually read it or understand it but here are the laws to which you are refering: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

It is called the Fair Debt Collection Practices Act and governs what debt collectors are required to do. The poster "badtiming" doesn't understand the law or how it relates to his position, which is why he is in the position he is in. In your case, I said they had validated the debt legally.

Section 809:
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

This mearly requires that the CA go back to the OC and get documents that say you owe money. Nowhere in the law does it say you have to meet the debtor's satisfaction of proof -- that would be silly. According to your postings, the CA has met its legal obligation.

In your other thread you were advised how to handle it.

At this point, you really have no alternative but to pay it or hire a lawyer. Your problems understanding and writing English may have somethign to do with your confusion here -- If you truly believe it isn't your fault that you burned up your apartment, hire a lawyer and prove it.

DC