PFD Response

[dderadodge]

I sent a PFD letter last week to a CA (Merchant and Medical Credit). Letter as follows:

Merchant and Medical Credit
6324 Taylor Dr
Flint, MI 48507

Re: Henry Ford Macomb Hospital
Amount: $76.00

Dear Sir or Madam,

This is for your information that I am disputing validity of the debt referred to above. I am not aware of the account number and you have record of this account.

I am willing to pay this account IN FULL, if you agree to immediately delete the account from the credit reporting agencies, (namely Equifax, TransUnion and Experian), that you have reported to, and validated this account. My sole purpose is to get this item removed from my file. This letter should not be interpreted as recognition of the debt or acknowledgment of liability for the debt.

If you accept the terms of this agreement, the certified amount of $76 will be sent to your collection agency provided there is complete deletion of any reference to the debt from my file on all the credit bureaus that you have reported to, and the debt is validated. As the full amount demanded will be paid back, there should not be any waiting period to delete this item from the reporting bureaus.

Your agency should delete all information regarding the account from my credit files within 10 business days from the receipt of the payment, as mentioned in this agreement. The terms of this agreement will not be discussed with anyone but the original creditor. No third party will be informed if contacted and no acknowledgment of the debt, any kind of payment, or settlement will be discussed if I am contacted by the Reporting Agencies.

Following the acceptance of the agreement, please prepare a letter on your company letterhead unambiguously agreeing to the aforementioned terms and conditions and have it signed by your agency's authorized signatory. This letter will imply a legal contract, enforceable under my state law.

If I do not receive an approval letter within 15 days of your receipt of this letter, I will withdraw this offer.

Please communicate regarding this account to the address mentioned below.

Now instead of getting some type of letter stating they weren't willing or were willing, all I got was a verification and a note telling me to call, (which I'm not doing), and that they were enclosing verification of the debt with their client.

Any suggestions as to what I should do next?

[Lian]

The primary problem with the letter is that it mixed apples and oranges.

By including a request for debt validation within the letter, assuming the DV was timely, you automatically invoked a cease collection bar against the debt collector. Then, the letter goes on to request a reply to your offer. They could not legally do that until they first provided debt verification.

They did only what they were permitted to do under the law.

If you/they now consider their response to be adequate verification of the debt, they are now free to resume collection activities, and can discuss a PFD with you.

Since you have initiated a request to negotiate terms of payment, it is kinda hard to negotiate without talking to them. I know that many are reluctant to talk to a debt collector, but I would not necessarily rule out giving them a call. Just dont admit to anything or accept oral promises.

[dderadodge]

Firstly, thanks for the advice. I have no problem paying the debt. The proof they sent consisted of very specific tests and the insurance payments. So specific that they actually named the tests/labwork. (thyroid, etc). Which, bothers me a bit that they had what I'd consider private information, to an unnecessary detail.

I'm offering to pay it in full. They don't have a valid number for me, and I'd like to keep it that way.

So you're suggesting that I plainly tell them I'm not acknowledging the debt, but I am willing to pay in full if they agree in writing to remove it from all reports in a specific period of time. Once I have said agreement, I will send certified payment?

Just want to make sure I've got you correctly before I call.

[killakali]

Same thing happen to me. I'm still trying to figure out what to do next?

But if I were you, try to settle for less!

[Lian]

Exactly. State that the offer to pay is not an admission of owing the debt, but rather only a way of amicably settling the matter.

[improvescore65]

What % would you offer for a PFD?

[killakali]

It depends. I have one for $3000 which I PFD half or less of that. So like, $1000-1500? You have to negotiate with them and sell them your story!