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Ask OC for recall or try to PFD CA?

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Shellie
Valued Contributor

Ask OC for recall or try to PFD CA?

I have 3 medicals from 09 I believe that are being reported.  Would I be better off to ask the OC to recall the debts or just try to PFD the CA.  The CA is HIRED.  The debt was not sold.  The OC is a small drs office that has a Dr and a Nurse.  I'm thinking they will not be able to get to it any time soon.  Also I was wondering it I might be able to get out a little cheaper with a PFD to the CA.  Any suggestions are appreciated-Thanks

Message 1 of 19
18 REPLIES 18
Shellie
Valued Contributor

Re: Ask OC for recall or try to PFD CA?

bump

Message 2 of 19
guiness56
Epic Contributor

Re: Ask OC for recall or try to PFD CA?

Message 3 of 19
Shellie
Valued Contributor

Re: Ask OC for recall or try to PFD CA?

Do I need to start out at a lesser amount than what is owed?

Message 4 of 19
Burned2manybridgesB4
Valued Contributor

Re: Ask OC for recall or try to PFD CA?

If you're within SOL, depending on the amounts in question, your negotiation price will be limited.

Message 5 of 19
Shellie
Valued Contributor

Re: Ask OC for recall or try to PFD CA?

They are from 09 I believe. $407, $83, $64 Same DR

Message 6 of 19
Shellie
Valued Contributor

Re: Ask OC for recall or try to PFD CA?

The other account I was actually starting this thread aboiut is a utility bill from 2011 for $396.  I have paid $100 and was curious if I could have any luck doing a PFD vs a GW letter. 

Message 7 of 19
RobertEG
Legendary Contributor

Re: Ask OC for recall or try to PFD CA?

What many refer to as a "recall" of a collection is actually a termnation of their collection authority.

That results in a requirement for the debt collector to then report closing of the collection, and updating the balance under their collection to $0.

 

Termination of a debt collector's prior authority does not render their prior reporting of that authority inaccuracte, or require them to delete it.

The OC cannot compel another party to delete reporting that they (the OC) did not make.

Deletion is voluntary on their part.

 

If both an OC and a debt collector have reported, and the OC still owns the debt, you can offer payment to either.

The end result is the same in credit reporting, as the party receving payment must notify the other, and both must update their reporting, with the OC reporting a $0 debt balance owed, and the debt collector reporting $0 remaining under their collection.

 

A pay for delete offer can be made to either, and if the party accepts, they can agree only to deleteion of their own reporting.

In most cases, the consumer usually considers the collection to be the more serious derog, and thus will atttempt its deletion, which means the PFD offer should go to the debt collector.

 

If a debt collector declines to accept a PFD offer, a possible backup is then to make the payment offer to the OC, and thus salvage at least deletion of derogatory reporting made by the OC.

 

In many cases, contract agreement between an OC and their assigned debt collector includes provisions that payments must be received through the debt collector.

One reason OCs hire debt collectors is to free themselves from the collection hassle.  In that event, the OC may be precluded from accepting payment, leaving no option other than to pay through the debt collector.

Message 8 of 19
guiness56
Epic Contributor

Re: Ask OC for recall or try to PFD CA?

According to the reporting guide it does require them to delete from the CR.

Message 9 of 19
RobertEG
Legendary Contributor

Re: Ask OC for recall or try to PFD CA?

And accoring to the CRA credit reporting manual, furnishers also should never delete prior reporting based on payment of a debt.

It may be their administrative direction, assuming there is such a statement in their administrartive manual, but it is not a statutory or regulatory requirement, and thus has no basis for disputing failure to delete based on termination of their collection authority.

 

Contrary, and more compelling, in my opinion, argument can be made that deletion of accurate history that the debt was referred to a debt collector is not in the interest of integrity of the credit reporting system.

 

CRA desire to clear records from their database does not constitute requirement that furnisher's assist them.

If there were basis, the CRA could simply delete without awaiting any reporting of a deletion by the debt collector.  They dont.

 

Message 10 of 19
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