CO paid but not deleted

Aramos · ‎10-22-2014

So I called sprint (a number I got here from another thread) in order to PFD an account that AFNI was reporting negatively across all 3 CRA. The lady who answered was nice and said yes we can go ahead and accept payment and will delete your account from your CR's and that they would send me a letter from Sprint saying that they would delete from CR. I did not record the conversation unfortunately, so I have no proof as to what she said.

Well, lo and behold I never received a letter, and I waited and waited to see if the Collection would go away, but just today got an update on the 3B from Fico saying that all 3 CRA have updated it to Payment After Charge Off/Collection. Score on EQ dropped 2 points, TU 1 point, and EX no change on score. So I'm pretty much wondering if there is anything I can do as far as removing this from my CR, or is this going to raise my score any more?

Anonymous · ‎10-22-2014

Hi, this happened to me just a little over a week ago with Stellar Recovery. I paid the account under the impression that it would be deleted and they did not delete, they also added a 10 fee to the collection amount without my consent. I called and spoke with the Collection Manager who actually allowed me to listen to the recorded conversation with myself and the collection rep. Well it turns out that I requested a pay for deletion but the collection rep used a tactic of misleading me to believe that they had agreed to do the PFD when in actuality they didnt. So afer reviewing the tape with the collection manager, she agreed that they should have stated that they DO NOT DELETE, However, stated that they didnt say that they would DELETE either. The Manager would not agree to delete based on the fact that the rep mislead me.

So, a day later I reviewed the FTC Fair Debt Collection Act and found several statutes that stated that a "collection agency could not use any false, deceptive, misleading representations or means in connection with tthe collection of any debt."

Then I wrote Stellar Recovery a letter describing in detail the conversation with the rep that I spoke with, I gave the reps name and the time that I spoke with them. In the letter I cited to the Fair Debt Collection Act for each issue where I felt that I was misled. I attached to the letter, a copy of the receipt of payment for the collection account, a copy of each Ftc statute that I cited to in the letter, I even attached a copy of the credit report alerts from myfico and equifax. I stated that I would take further action if they did not PERMANENTLY DELETE the account within 48 hours. I also requested that refund me the $10 that they illegaly added to my collection balance and requested that they send me something in writing stating that the account was deleted. AND THEY DID EXACTLY AS I REQUESTED.

Aramos · ‎10-22-2014

Awesome and congrats!! So I am going to try and follow your lead as far as calling and seeing if I can listen to the recording of the conversation. But as it turns out, my sister just found a letter that my father misplaced from sprint. It states the following:

"In response to your recent request, this letter provides the status of the SPrint account number referenced above,

A review of our records shows you have been a valued Sprint customer since June 26, 2010 and as of October 2, 2014, your account is current and in good standing.

Thank you for contacting Sprint. If you have any questions, please visit sprint.com/contactus.

Sincerely,

Sprint"

So as far as my understanding goes, this has absoulutely nothing to do with my CR or deleting it either. Any thoughts anyone.

dursty87 · ‎10-22-2014

Have you tried calling them back and asked them to honor their original agreement ?

Aramos · ‎10-23-2014

Yeah I called and spoke with them. Essentially was told that I just paid them for the account to be updated and that sprint can not recall the debt from the collection agency. She said she called the CA and that I would have to wait for the SOL to run out in GA (where I live) in order for it to be removed from my CR.

I kept insisting on the fact that the previous rep told me it would be deleted and she said that I should not have been told that and that I was mislead. I was then transferred to AFNI but I accidentally hung up, lol.

RobertEG · ‎10-23-2014

You can always initiate civil action for breach of oral contract.

They are aware that civil action would open the door to discovery requests for their taped phone records.......

I would predict they are not willing to take that route, and would fold upon filing of any suit.

-NewGuy- · ‎10-23-2014

@RobertEG wrote:
You can always initiate civil action for breach of oral contract.

They are aware that civil action would open the door to discovery requests for their taped phone records.......
I would predict they are not willing to take that route, and would fold upon filing of any suit.

Robert, unless I am misunderstanding, the OP was talking to Sprint, the OC, who agreed to remove the account. However, Sprint isn't the one who is reporting, AFNI, the CA, is reporting. Therefore, Sprint cannot agree to make AFNI remove? If I read everything correctly?

OP, historically, AFNI doesn't do well with PFDs anyway, but have been open to GW. I would start sending GW emails to the email address on their website. If they don't do it after 3-4, start writing your email to their executives.

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Anonymous · ‎10-23-2014

would start sending GW emails to the email address on their website. If they don't do it after 3-4, start writing your email to their executives.

Agreed with this.. I sent them to the CEO's of the Collection Agencies.

Aramos · ‎10-23-2014

Ok, thanks guys I'll go ahead and do GW letters. But since I did pay Sprint and not the CA, would there be any pushback from AFNI. Either way I'll keep sending them until it is deleted. Thanks for all the advice!

-NewGuy- · ‎10-23-2014

@Aramos wrote:
Ok, thanks guys I'll go ahead and do GW letters. But since I did pay Sprint and not the CA, would there be any pushback from AFNI. Either way I'll keep sending them until it is deleted. Thanks for all the advice!

Not really, a goodwill removal is a goodwill removal. AFNI did a GW removal for me when I settled for less than the full amount even. Just include in your GW letter that you did exactly as instructed with the OC, going out of your way to do the right thing, etc. Keep in mind it is a GOOD WILL letter, so have appropriate tone throughout.

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