CA agreed to PFD, but we missed the time sentitive deadline. Help!

[Familywantsahouse]

So, I had a CA agree to a PFD in a letter I got on 3/30...the PFD was only valid until 3/31 and I didn't have time to transfer money from our savings account to pay it in time. We contacted them simply to ask for an extension and an updated letter with a new date on it given the fact we got it the day before the deadline.

They refuse and now say pay, and we'll delete, but no updated agreement. They tell us they're doing us a favor, and that their phone calls are recorded and they'll still delete blah blah blah.

Their "settlement" is essentially the orignal medical debt from the hospital and the hospital will accept payment. what's the smartest way to ENSURE it gets deleted?

1) Send the CA a check with "For Deposit only. Deposit of this check is an acceptance of legal agreement to delete account # blah from all credit bureaus" in the signature area on the back?

2) pay the OC and then DV the CA after it's paid

3) Call the CA agent back AGAIN and just ask for a simple two sentence email that says acceptance of XYZ amount satisfies the account anf they will delete the tradelines.

I don't trust them and I want this OFF, but I don't want to piss them off either. Help!

[RobertEG]

1) Send the CA a check with "For Deposit only. Deposit of this check is an acceptance of legal agreement to delete account # blah from all credit bureaus" in the signature area on the back?

Restrictive endorsements are not always accepted in many legal jurisdictions, and would be a bear to enforce.  Also, one party cannot create a legal contract.  It takes a clear showing of a "meeting of the minds" by both parties.  Their offer has expired, and thus has lost its legal reliance.

Not the path I would recommend

2) pay the OC and then DV the CA after it's paid

Paying the OC does not require the debt collector to delete their reporting, and a DV after payment would be fruitless, as there would be no remaining debt to validate, and your DV would not even be timely.

Not the path I would recommend.

3) Call the CA agent back AGAIN and just ask for a simple two sentence email that says acceptance of XYZ amount satisfies the account anf they will delete the tradelines.

You can play hard-ball if you choose.

PFDs are hard to get, and are totally discretionary on the part of the creditor/debt collector.

I would suggest a path 4): pay it and rely on their promise.  Sometimes you gotta have faith.  Otherwise, you may be left with only a GW after the fact.