2 collection, same CA

[Teasha]

Im in the process of repairing my husbands credit. He has 2 collection that I'll PFD, one for $170 and the other for $2216 (inc interest). Question is... Could I PFD one at a time or will they expect both to be resolved at the same time?  I would have more bargaining power with both but unfortunately not the $$$

thoughts please... The debt is with Apex Assets, Medical Debt. Planning on buying a house soon and we need these off. 

[RobertEG]

Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package.  It is permissible on your part.  Any requests on their part to pay as a package is their perogative to make, and yours to decline.

[Teasha]

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@RobertEG wrote:

Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package.  It is permissible on your part.  Any requests on their part to pay as a package is their perogative to make, and yours to decline.

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Thanks for the feedback. I'll persue a settlement on both accounts. It seems at this point to be the better of two evils for both parties.

i'll post the outcome.

[Teasha]

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@Teasha wrote:

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@RobertEG wrote:

Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package.  It is permissible on your part.  Any requests on their part to pay as a package is their perogative to make, and yours to decline.

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Thanks for the feedback. I'll persue a settlement on both accounts. It seems at this point to be the better of two evils for both parties.

i'll post the outcome.

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Ok... I contacted Apex Asset and was informed that because they were two different OC's the would be handled separately. I requested a settlement for the larger debt of the two and was advised they wouldn't have that information until next week.  I requested if the accounts were paid would they kindly remove them from the CRA's? Unfortunately I was met with a "No" and they would only show "Paid" 0 balance.  I tried to get a supervisor but she refused and re-iterated "We don't remove valid debts from the CRA's"

I did get an email address to send a request but she was making notation on the file as we spoke.  Frustrated I called the OC and paid the account less the $400 CA fee and was advised they will notify them that the account was paid and ask if they will remove it from the CRA's.  Unfortunately I may have ruined the chance of a removal. I don't think the CA will likely remove the accounts now that I cut them out of their commission and I don't know if the OC has the power to request a removal.  

I did read that I could resubmit a DV to the CRA's and if the OC shows a 0 balance and the CA shows a balance then technically it would be reporting incorrect information and would need to remove it from the CRA's. Long shot but if there is any validity in that please let me know.

If there is anyway possible to get these removed please Speak upI definitely need help.

[Mondavi]

The OC can request the CA to remove the negative trade line however the CA can keep reporting it. The CA must report the balance as zero and paid. Did the OC say that the balance was paid in full or settled for less than full amount?

This is just my opinion but I feel your best chance to getting this removed was with the CA. Once the CA reports zero you could always try to dispute the Trade Line and hope the CA wont take the time to verify the debt.

[Teasha]

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@Teasha wrote:

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@Teasha wrote:

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@RobertEG wrote:

Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package.  It is permissible on your part.  Any requests on their part to pay as a package is their perogative to make, and yours to decline.

---

Thanks for the feedback. I'll persue a settlement on both accounts. It seems at this point to be the better of two evils for both parties.

i'll post the outcome.

---

Ok... I contacted Apex Asset and was informed that because they were two different OC's the would be handled separately. I requested a settlement for the larger debt of the two and was advised they wouldn't have that information until next week.  I requested if the accounts were paid would they kindly remove them from the CRA's? Unfortunately I was met with a "No" and they would only show "Paid" 0 balance.  I tried to get a supervisor but she refused and re-iterated "We don't remove valid debts from the CRA's"

I did get an email address to send a request but she was making notation on the file as we spoke.  Frustrated I called the OC and paid the account less the $400 CA fee and was advised they will notify them that the account was paid and ask if they will remove it from the CRA's.  Unfortunately I may have ruined the chance of a removal. I don't think the CA will likely remove the accounts now that I cut them out of their commission and I don't know if the OC has the power to request a removal.  

I did read that I could resubmit a DV to the CRA's and if the OC shows a 0 balance and the CA shows a balance then technically it would be reporting incorrect information and would need to remove it from the CRA's. Long shot but if there is any validity in that please let me know.

If there is anyway possible to get these removed please Speak upI definitely need help.

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"Paid in Full" and will have the CA remove the collection fee. They are sending receipt of full payment out next week.

[RobertEG]

As for the DV tactic, first, you dont send a DV to the CRAs.  You send to the debt collector.

Sending a DV after satisfaction of the debt will most likely by deposited in their grey circular file.

There is no requirement to respond to a DV, only that the debt collector cease collection until they do so.

Once the debt is paid, there is no longer any debt upon which to collect.  Ergo, its a moot point.

Even if they chose to validate, they could simply state the name of the creditor, and the current amount of the debt as $0.

[Teasha]

Thank you for the information. 

When I called the OC and paid the original amount, I was told they will pull the account back from the CA and the CA fee will be removed. From the information I've received here, I'm under the impression that now that the OC has a satisfied debt the CA has no ground to continue to report and will therefore stop reporting. Ccorrect me if I'm misinformed the CA can still continue to report even if the debt has been settled with the OC even if its been "pulled back"' Correct??

I've been pretty successful with the DH's collections so far. 5 on TU down to 1, 3 EQ to 1 and 4 on EX to 2. So if it is correct that pulling back the collection will have the CA remove, I'd be extremely happy this far.

[Teasha]

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@Teasha wrote:

Thank you for the information. 

When I called the OC and paid the original amount, I was told they will pull the account back from the CA and the CA fee will be removed. From the information I've received here, I'm under the impression that now that the OC has a satisfied debt the CA has no ground to continue to report and will therefore stop reporting. Ccorrect me if I'm misinformed the CA can still continue to report even if the debt has been settled with the OC even if its been "pulled back"' Correct??

I've been pretty successful with the DH's collections so far. 5 on TU down to 1, 3 EQ to 1 and 4 on EX to 2. So if it is correct that pulling back the collection will have the CA remove, I'd be extremely happy this far.

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If anyone has any info to confirm this that would be great

[RobertEG]

An OC cannot "pull back" credit reporting done by another party, even if that party is their assigned debt collector.  They must notify the debt collector that the debt has been satisfied, which automatically terminates their collection authority.

When the debt is paid, regardless of whether paid through the debt collector or directly to the creditor, the debt collector is then required to make further reporting that the debt is now $0, and the collection is closed.

From that point on, their collection is closed, so there is no more reporting to be done.  That is not the same as requiring them to delete prior, accurate reporting.

In fact, the credit reporting manual and agreements with the CRAs specifically instruct that prior reporting is not to be deleted based on payment of the debt.

Simply stated, payment of the debt is not basis for deletion or termination of reporting.  It is basis for further reporting.