Can This Strategy Get A Delete?

[Oyiwaa]

Please, learned folks, kindly review this strategy and let me know your thoughts.

So Far ...:

1. Comcast account, being collected by Eastern Account Systems (EAS) since Nov 2011, so still within SOL. Comcast NOT reporting, only CA is.
2. Disputed through CRAs - came back verified; DV'd EAS and came back validated.
3. Tried PFD, and EAS did not reply or even budge. Called Comcast and they are unable to help.

New strategy...

4. Pay OC (Comcast in full - about $150 & $200 each), and get receipt proving payment.
5. Send a letter to OC, stating that since account is now paid, they should close and recall the account from the CA. They may or may not, but still....
6. Check whether CA is reporting the account as "Paid Collection"
7. If CA is reporting account as "Paid Collection" (which they most likely would), send a letter to CA stating:

(a) their reporting of the account as "Paid Collection" is inaccurate since no payments were made directly to the CA, but rather to the OC, and
(b) that their inaccurate and false reporting is in violation of FDCPA and FCRA, Specifically;

FDCPA:  15 USC 1692e(8) providing false information to credit reporting agencies

FCRA:  15 U.S.C. § 1681i duties of furnishers to provide accurate information and possibly  & 15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.

(c) and as a result (of a and b), they must delete the account or else get sued for willful and negligent noncompliance.

What do you think, folks?

Thanks, Oy

[Shogun]

Don't think it will work.  Here's why.  They did have the authority to collect on the debt from the OC.  Paying the OC, if possible, means they cannot collect now, it doesn't mean they didn't have the authority to collect before and can just mark it paid and leave it on your CR.  Now if you could possibly get the OC to pull it back from the CA, they don't have to, but they could since they have a business relationship with the OC, then they would delete.

I would try again with the PFD, or maybe move up the ladder in the company.  Sending the legal stuff, especially if not valid, will not promote a feeling of GW torward you should you have to go the GW route.  

[Oyiwaa]

Thanks very much, Shogun.  I was doubtful of the strategy especially if the OC never recalled the debt.  What should I tell them in my letter asking them to recall the debt?  Whom should I send it to so I can get the best action possible?

Yes, I agree, the legal stuff could poison the waters ... 

thanks - Oy

[Shogun]

Have you asked the OC if they could accept payment?  That is where you should start.  If the CA was just assigned the debt, then the OC can accept, however if the debt was sold, the OC can no longer accept payment.   So you should contact them and just ask if they can accept payment and if they would pull the account back from the CA first.  Good Luck!

[Oyiwaa]

I have contacted the OC, and they can accept payment.  But those i spoke with and their supervisors indicated they cannot pull the account back from the CA.  So, I have been emailing some Execs with no response.. that is where I am stuck.  Rgds, Oy

[Shogun]

Then the OC is out of the picture, you must now deal soley with the CA.   Have you looked for an exec with the CA?   Their collection agents are kind of like the CSRs with companies.  They have policies that they have to go by, however if you were able to get someone a little higher, maybe they have to ability to go against standard policies.  See if you can find a CEO, or a VP, Finance officer, etc.  That might give you a better chance.

[Oyiwaa]

Ok ....thanks very much for the clarification.  I did send some emails to some higher ups for the CA and got no response.  But I am puzzled by the statement that the OC is out of the picture -- why should that be the case when they still are willing to accept payment and indeed respond to questions about the account. ?

[Shogun]

That's because I misread it and thought it said they can't accept.   So take what I said before about the CA and try that, but also try with the OC.  If one of them takes the offer, you're golden. 

Sorry, been a long night!  

[Oyiwaa]

Thanks, Shogun ... understand - it's been a long night.  Will update if I make some progress.  Rgds, Oy

[RobertEG]

The vague terminology "pulling back the account" is where the whole thing unravels.  The OC can terminate the collection, but they cannot "pull back" any reporting made by the debt collector on the collection "account."  That is not their reporting or their business.

In fact, OC termination of collection authority is kinda irrelevant  The moment the debt is satisfied, collection on the debt is already terminated.

Once the debt is satisfied, the debt collector is obligated by statute to do two things:  report $0 still under their collection, and report the obvious fact that their collection activity is now closed.  Deletion of prior, accurate reporting is not required, and in fact is contrary to the CRA policy that prior, accurate reporting should NOT be deleted based on payment of the underlying debt.

The OC is party to neither of those reportings by the deb collector, period.  The OC can contact the debt collector and request that they delete their prior reporting, but cannot "recall" their reporting.