I’m fairly certain I have smoke coming out of my ears right now I’m so angry. 
My HOA management team and I have been going back and forth for some time regarding a balance on my account that had imploded with fees. They continued taking ever fee they could imagine to it while I was disputing it. Last year they placed it on my credit report and I about died! It has a zero balance and doesn’t appear under the collection category but in the notes it states “Collections” It’s listed under the management teams name but shows my Subdivision as the Creditor.
Long story short we finally settled on what I though was fair and I asked via email “Will this account be removed from my credit once this is paid in full” to which they replied “Once the balance is zero we will remove the credit report.” Fast forward to today and I call for an update to find out that the lady I’d been negotiating with has been let go. The new lady tells me “We can update the bureau but we can’t remove it. It would be up to them.” I call BS but she keeps repeating the same line.
Question: Is my email a legally binding contract? In my line of work this email could easily be used to hold one of my supplier’s feet to the fire if it were about providing a service or material. I just don’t know how that translates in this situation.
Yeah, I'm kinda clear on that end of the spectrum. I guess my main question was "Is an email a legally binding contract"
In any event, I was so frustrated with the lady I spoke with that I contacted the corporate attorney I deal with a lot in my office. His "unofficial and not specific to debt collection" response was that emails can be considered binding as long as there is a clear offer and acceptance. Not sure if I'll even pursue it but I just wanted to know.
@MaisCher wrote:I’m fairly certain I have smoke coming out of my ears right now I’m so angry.
My HOA management team and I have been going back and forth for some time regarding a balance on my account that had imploded with fees. They continued taking ever fee they could imagine to it while I was disputing it. Last year they placed it on my credit report and I about died! It has a zero balance and doesn’t appear under the collection category but in the notes it states “Collections” It’s listed under the management teams name but shows my Subdivision as the Creditor.
Long story short we finally settled on what I though was fair and I asked via email “Will this account be removed from my credit once this is paid in full” to which they replied “Once the balance is zero we will remove the credit report.” Fast forward to today and I call for an update to find out that the lady I’d been negotiating with has been let go. The new lady tells me “We can update the bureau but we can’t remove it. It would be up to them.” I call BS but she keeps repeating the same line.
Question: Is my email a legally binding contract? In my line of work this email could easily be used to hold one of my supplier’s feet to the fire if it were about providing a service or material. I just don’t know how that translates in this situation.
If you have an email that says they will remove file BBB complaint, if that doesnt get what you want then file complaint with your states AG.
I think that what I'm going to do. I'll file the suit and let the judge decide!
@MaisCher wrote:
I think that what I'm going to do. I'll file the suit and let the judge decide!
I get where you're coming from, and I understand your anger, but is this a group (the HOA management team) something you will have to deal with in the future? If so, I'd at least give them the opportunity to straighten it out - as in, allow a few weeks to see how your CR updates after they notify the CRA's - before bringing out the big guns, so to speak. If you do have to continue to deal with them it's nice to have that in reserve, but I always tend to try the nice approach first and I'd give them an opportunity to do the right thing themselves. If you're done with them, then by all means go thermonuclear on them. 
@disdreamin wrote:
@MaisCher wrote:
I think that what I'm going to do. I'll file the suit and let the judge decide!I get where you're coming from, and I understand your anger, but is this a group (the HOA management team) something you will have to deal with in the future? If so, I'd at least give them the opportunity to straighten it out - as in, allow a few weeks to see how your CR updates after they notify the CRA's - before bringing out the big guns, so to speak. If you do have to continue to deal with them it's nice to have that in reserve, but I always tend to try the nice approach first and I'd give them an opportunity to do the right thing themselves. If you're done with them, then by all means go thermonuclear on them.
Nope, will be in my home at least another 2 years and it just so happens they are the management team for the next neighborhood I'm considering building in. I may just reconsider that plan after all this. Technically most of my concerns go through the actual HOA board consisting of my neighbors which I have a great relationship with.There are many complaints about them in our HOA meetings so I did move forward it wouldn't shock or offend anyone. I do understand what you mean and I emailed this a few minutes ago. I'll wait a few weeks to see what happens....
"First, anyone placing information with the three credit bureaus is well within their rights to remove it whenever they see fit. "Fired Employee", acting as a representative for "POS Management Group", entered into an agreement with me and I’m assuming it isn’t your practice to use false or deceptive measures to collect on a debt. Her original email and others that followed provided clear terms to which I accepted making our communication a legally binding contract. I plan to take all measures to ensure it’s enforced as such if this situation is not rectified."