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Going to write F&F offer letters - should I state that I'm living overseas?


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Nope. It isnt.

 

Actually, yes, it is. Sure, not all cases involving out-of-court settlements are without acknowledgement, but there are plenty that are. Someone for instance could be sued for e.g. copyright infringement. Although they know their idea was truly theirs, they can simply pay the person off out of court in a settlement, for that person to simply go away. Now, in no point of those proceedings will the person being sued have officially said "I acknowledge that I did in fact do this". Rather, to the contrary, it's explicitly stating the opposite. But they still have the option to settle.

 

I assure you, it happens every day.

 

I'm just asking how to go about it in terms of liaising with DCAs.

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once you pay toward a debt

you ack it

 

pointless exercise

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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once you pay toward a debt

you ack it

 

pointless exercise

 

dx

 

Agree.

 

Rob, for your plan to work, your creditors would have to believe that you were resident in the US and that you had no plans on returning. i.e they may accept an F&F as the best outcome that is likely to be achieved.

 

If you make any offers of payment and these are rejected, you will be restarting the statute barred clock. You could mark the F&F offers as 'without prejudice' and that may offer you some protection, as these cannot be easily disclosed in court. You would need to have creditors accepting F&F offers as 'FULL' settlement of a debt, before you made any payment. DO NOT make any payment, UNLESS creditors do accept your offer as FULL settlement of a debt.

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DX, the plan in making offers is to settle the debt. I'm aware that at the point of payment I'd be acknowledging the debt, but that'd be a moot point, because by nature the debt would then be cleared. So no, it isn't a pointless exercise at all.

 

The only drawback I'm foreseeing is that if they return the favour and reply "Without prejudice, we'll accept your offer of 20% and agree that this settles the debt in full...etc". Then I could pay them the 20% and they still legally pursue the debt. In that case, upon making payment I could write that it's for settling the debt. Or my relative (who's paying) could write saying that it's for settling the debt against me. Or something to that effect.

 

I think at this point I'm thinking too much into it. Writing F&F offers starting with 'without prejudice' seems like a no-brainer. I mean, at least if I end up staying here in US for the next 5 years, and in that time I am liaising with the DCAs but can't get some of the debts resolved, I'll be thankful that I started this 'protective' tactic now.

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