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Debt Collector Won’t Send Me Debt Settlement Agreement in Writing – Kathy

Kathy

“Dear Steve,

Currently in the process of paying a settlement for a debt owed due to my car being repossessed. This settlement is through NCO Financial Systems. The agreement was initially on the phone for a set amount to be paid over 6 months. This was secured with an immediate withdrawl from my bank checking account, and NCO Financial Systems withdraws the monthly payments from my checking account as well. (I know this is not the right way to go about it, but it’s already done, and this is where I am). So far 2 monthly payments have been made.

How can I get the debt collector to send written documenation verifying the settlement that was agreed to? They claimed to have sent it in the mail over a month and a half ago but I never received it. They sent me a fax (after resistence) with my incorrect home address information. I called to get the address corrected and a new letter faxed and they have resisted. I’m trying to figure out the best way to mend my mistakes when initially making the settlement.

Kathy”

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The Answer

 

Dear Kathy,

Sadly, I’m not surprised at any of this. Debt collectors lying to consumers! Shocking!

It happens all the time.

In a perfect world no payments would have been made until you had received the debt settlement offer in writing. The payments are your leverage.

Whatever documentation you do have, keep it with your other important papers and never throw it away. It is not uncommon for creditors to come back years latter and say they never agreed to any deal.

Probably the best way to proceed at this point would be for you to send them a letter correcting the wrong address in the fax you received and enclose a copy of the fax. Asked for a corrected letter back by mail to your correct address. Send that correspondence to NCO via some sort of traceable means that provides you with proof of delivery.

They might not send a new letter but if this turns up in the future as a problem, which it might, you will have proof that you notified NCO of the error and asked them to correct it. A lawyer might disagree with me but I don’t see the incorrect address as a material defect in the faxed offer letter you have as long as it has the correct account number and your name on it.

Big Hug!

Debt Collector Wont Send Me Debt Settlement Agreement in Writing   Kathy
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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