pay for delete, with a twist... help

[Drakester]

Hi!

I have 1 collection that has agreed to a pay for delete but they are unwilling to send me the agreement in writing. They are local to me here in Houston and said if I come in and pay in person that they will give me the agreement once I pay. So i assume if they dont give me the agreement or it isnt worded correctly i could just dispute it with my CC company or is that not possible?

How should I go about this?

[guiness56]

How old is the collection?  What is the DoFD?  Is there a chance the OC will work with you?

[Drakester]

It's from 2004

it was an apartment that i stayed in that after i moved said i owed them for a door that I KNOW FOR A FACT that i didnt break. Im not sure if it has a DoFD as it went straight to collections. I didnt even receive any letters from the OC just a new collection a few years ago. Its my only collection on 2 of my reports so im willing to pay the $494 to have a clean report.

[guiness56]

You can send a DV letter and that will put the burden of proof on them to prove you own the debt.

You might look into what an oral agreement holds legally in your state.

Or you could just pay it and see if they hold up to their word.

[Drakester]

I did the DV. they just sent the lease agreement back.

maybe i will go in with a tape recorder...

thanks for the advice!

[Anonymous]

No matter what, and if it were me, I wouldn't pay a happy red cent without the agreement in writing first.  It costs her nothing except the possibility of not collecting on you.  If she's unwilling to budge, what about going over her head to her boss? 

I know what you mean about just paying the money to get your report clean.  But if they won't budge on the letter and it isn't your debt, I second DVing them.

[guiness56]

Look up the Landlord/Tenant laws for your state.  They should be very specific as to what and how a landlord can charge you for something.

In my state, in order for it to be legally binding, on both parties, the landlord and the tenant must do a joint walk through on move out.  Any and all decrepancies must be noted at that time or they cannot charge you.

Another thing to pay attention to is the time frame in which they have to advise you of any thing.

Just paying the debt will not improve your score and may actually harm it by updating.

[Drakester]

thanks! i will look into that.

I will definitly not be paying if its not going to be deleted as i know i didnt do anything wrong and it sucks that i have to pay 5 to have it removed but im willing to.

[Anonymous]

Drakester:

What was the result?

[RobertEG]

If they wont offer you advance written agreement to delete in exchange for payment, they are shady.

That is a contract you can, and should, reach with them.  If they tell you that unwritten contract terms will only be fulfilled after you pay them, then they dont know the first thing about the law.

What they will most probably due, after your money is their pocket, merely update the CA to paid in full. 

This, as you know, has no favorable impact on your credit score.

Get a firm advance agreement, in writing, to delete the CA before you give them one red penny.