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Enhanced Recovery Corporation (out of Florida)

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    Enhanced Recovery Corporation (out of Florida)

    They sent me out a settlement letter last month. My original balance with them is 2,433.20. Their letter stated that they would be willing to settle for 3 payments each being 405.53, total I would be paying 1,216.60.

    When I received this I sent them a Validation letter and I was returned with the signature card, proof that they received it. Yet I still have not received anything from them concerning validating the debt.

    This morning I received a phone call from them offering me a new settlement offer of 850 now and 2 other payments of 244.00. for decemeber and the last payment in January. I then told him im waiting for them to validate the debt and he told me that I had to show good faith to them accept this offer or I would end up paying the full amount. I then asked him I needed the NEW settlement agreement he was offering in writing before i would agree to it. He declined and told me they had already sent me a settlment agreement in the past and if they sent me something in writing for the new one it would have to pass through the department and they might see that I didn't take their first offer so this NEW offer might be voided out.

    Does this make sense to you guys? He can't send me anything in writing because they might not accept the settlement offer? Sounds fishy to me.

    I even offered him to fax it to me and i might be inclined to accept the new offer. He kept saying I had to show good faith first on my part and then after the first payment sent today by (western union) that he would send it.

    I told him that without something in writing I would not even think about it and I told him to have a good day and I hung up.

    So did I do the right thing? Any suggestions if they keep calling back?

    #2
    Good job. Any agreement has to be in writing and the validation has to be completed. Sounds like they were trying to pull something.
    It's not what we have in our lives, but who we have in our lives and the quality of those relationships.

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      #3
      Why would you ask for another settlement letter that has a higher amount than the first one? How old is the debt? Have you done any research on the agency? What will the status of your CR be after payment? What is your agreement as to how the payment will be reported to the CRA's?

      Your first mistake is talking to these guys on the phone. This is where they are very good at manipulating people. Do everything in writing. They are less prone to BS you in writing. Do your homework before you give thema dime.

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        #4
        I agree. Don't talk to them on the phone any more. If they call you anymore, try to record the conversation. Record the date and time of the phone call. And then turn your recording, a copy of your debt validation letter, and return receipt for the letter over to an attorney and they can sue the collection agency for $1000 a phone call for continuing to attempt collection without validating the debt first.
        Oct 9, 2007 - Filed my Chapter 13! Scores: 527/509/528
        Jan 1, 2009 - Sent in my last payment! Scores: 635/628/585!
        Feb 11, 2009 - DISCHARGED & CLOSED!
        I AM NOT A LAWYER. ANYTHING I SAY IS NOT LEGAL ADVICE.

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          #5
          Originally posted by deesown View Post
          So did I do the right thing? Any suggestions if they keep calling back?
          Remember: It's the job of these guys to say ANYTHING they need to say to get you to send some money. If you believe what they say and send them money in good faith, you'll see the story change the next time they call. You shouldn't believe anything they tell you unless it's in writing.

          If they can't validate the debt, they can't do anything and you aren't obligated to do anything either. This could be the real reason they don't want to send any sort of agreement any more. Everything else they say is just an excuse to trick you in to sending them anything.

          Be strict, insist on validation before you agree to anything or send any money. After they've validated the debt, you can talk about a settlement and how to pay it. Get the settlement in writing and then mail a payment. DON'T give them any bank account information and DON'T let them do an electronic transfer. (Once they do ONE, you can't stop them from doing it whenever they want!)
          Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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