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Established Member
lency83
Posts: 11
Registered: ‎12-21-2010

Help with a pay for delete gone wrong

I need some help guys. I had a collections on my report and paid it off. Before paying it, I called the collections company and asked them if they would do a pay for delete and they agreed. They specifically told me that they would remove the collection entirely from my report and not just report it as paid. I got nothing in writing from them, just their word. 

 

Well, I just got a score alert that says that a new collections was added to my report! It's the same collections and the status has been updated to PAID. It did not affect my score at all, but it's till there.

 

Is there anything I can do? Any suggestions?

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Valued Contributor
HoldingOntoHope
Posts: 1,057
Registered: ‎09-29-2009

Re: Help with a pay for delete gone wrong

Without having anything in writing then all you can do is contact the agency and hope that they are willing to follow through on their promise. In speaking with them remember to be courteous and respectful because you are still asking them for a favor. Even though they did not hold up to their promise coming across as angry or threatening will do you no good.

 

If you can't get any satisfaction from the first person you talk to ask to speak to their supervisor. If all that fails then do a little research on the company to get the names of their executives. There has to be a corporate filing with names and addresses at least in the state where they are based. Write letters and or e-mails to these folks (in the same nice manner). It may or may not work but it won't take a lot of your time and you will at least know that you are doing what you can.

Best financial advice I ever got: "Just imagine what an adult would do and do that."

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Established Member
Sxubrh
Posts: 14
Registered: ‎09-25-2013

Re: Help with a pay for delete gone wrong

File a complaint with the Consumer Financial Protection Bureau and that will take care of your issue. Once they get that letter it will be a matter of days before they respond with your credit reports will be updated within a week.

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Help with a pay for delete gone wrong

You do have a binding legal contract, although oral, and tougher to enforce.

I see three options.

1. File a complaint with the CFPB

2. File a BBB complaint

3. Bring your own civil action for breach of oral contract.

 

I would, in order of my own preference, file a complaint with your local BBB, initiate civil action, and last, file a CFPB complaint.

 

As for the CFPB, a couple of problems,  First, your issue could be considered an unfair collection practice, and thus a violation of the FDCPA, but determination of such a violation would first require a showing that you do, in fact, have a binding legal contract.  Withut that, the CFPB has no basis for administratively finding a clear violation of the FDCPA.  They dont usually  initiate legal action on individual consumer complaints, so I doubt that a complaint with the CFPB will resolve the factual issue.  I would file a complaint, but not rely upon it to prove your case of breach of contract.

 

You clearly have a poor business practice, and thus a complaint with your local BBB would be my first preferece.  Perhaps their business reputation would have some impact.  However, the BBB has no authority to compel production of evidence to take legal action on your behalf.

 

Initiating your own civil action would be the one course that could require them to produce theiir internal business records related to the issue, as you have the pre-trial discovery process at your disposal.  Debt collector practice of recording telephone conversations could come back to bite them, and probably something they would wish to avoid.  I would speculate that bringing legal action would result in a quck deletion.

Established Member
lency83
Posts: 11
Registered: ‎12-21-2010

Re: Help with a pay for delete gone wrong

Thanks! Y'all are always so helpful!
Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008

Re: Help with a pay for delete gone wrong


lency83 wrote:

I need some help guys. I had a collections on my report and paid it off. Before paying it, I called the collections company and asked them if they would do a pay for delete and they agreed. They specifically told me that they would remove the collection entirely from my report and not just report it as paid. I got nothing in writing from them, just their word. 

 

Well, I just got a score alert that says that a new collections was added to my report! It's the same collections and the status has been updated to PAID. It did not affect my score at all, but it's till there.

 

Is there anything I can do? Any suggestions?


Did they initially delete the TL and then put it back?  Or was it just updated to Paid?

 

Sometimes they will first update to paid then a week or so later it will be removed.

Established Member
lency83
Posts: 11
Registered: ‎12-21-2010

Re: Help with a pay for delete gone wrong

They just updated it to paid. You think I should give it a couple of weeks?

Moderator
guiness56
Posts: 22,408
Registered: ‎01-17-2008

Re: Help with a pay for delete gone wrong

[ Edited ]

I would.  They are required to report accurate information and they did by reporting it as paid. 

 

There have been several posts with the same thing and within a week or so they were deleted.

 

It can take awhile for an account to be deleted.  No matter whether the CA has sent the UDF you still have to wait for the CRA.

 

If it isn't gone in a few weeks I would contact the CA first and remind them of their agreement.

 

 

Established Member
lency83
Posts: 11
Registered: ‎12-21-2010

Re: Help with a pay for delete gone wrong

Thank you! I'll stay put for a few weeks. 

Valued Member
spydergto
Posts: 45
Registered: ‎10-03-2013

Re: Help with a pay for delete gone wrong

Hey , i had a very similar problem , but before i paid i forced them to email me a PFD letter. afterwards when i had paid they sent me a letter stating i had paid and that my accounts would be updated. this was in conflict of the PFD letter. so i immediatly filed disputes with the CRA's and now it has been removed from two of the CRA's EQ expidited the dispute with the documents i provided and deleted it within a week TU just got back to me today , the dispute says that i have no file with the collections and therefore its been deleted. i am waiting on EQ to get back to me by the 12th on their dispute i filed with them.

 

I say dispute the thing immeditaly. although you dont have a PFD letter take this for a lesson in the future next time you call and are ready to PIF the first thing you say is i will pay once i receive a pay for delete letter AND a non disclource from them via snail mail . they will pressure you but who cares , as long as your out os SOL your call will cause that to reset BUT when your prepaired to pay in full on the spot , as much as wave cash in their faces , they will give you a pay for delete letter and agree to a non disclosure.

 

most of the old timers will tell you to do this in writiing via snail mail with return recipts from USPS the reason for this is if they agree and you pay , then you file the dispute if they do not delete after payment recieved and you have both PFD and NDA agreement. then you dispute. by NDA they can not respond and in 30 days time when the CRA's have had no response they delete the mark , but if they DO respond they are in violation of the NDA and then  you sue and you win.

 

the old way is the best way , it takes more time, but it works. always get a NDA and PFD before paying. but be prepaired to pay in full before you call them else you reopen SOL and if you dont follow through they sue you and you end up with wage garnishments.

 

dont try to settle for a lower amount , pay the debt in full else they will weasle out and you will be stuck with a mark for 7 years

Ex 750 10/22/2013
Eq 651 11/09/2013
TU 721 12/9/2013

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