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If Time Warner told you they would recall the collection then it should be removed as a CA can only report when they have collection authority. Welcome to the board
What happened? Were you able to get them to recall the debt?
I called Time Warner and just paid them. ERC wanted to argue whether it was going to be marked as paid collection or deleted. Called Time Warner back and they said it would be removed completely. It has now fallen completely off EX...waiting for TU, EQ to fall off - they seem to be a little slower. I'll update once all 3 have fallen off. This seemed to work though, just dealing with OC (Time Warner).
Thanks for responding. Did you talk to anyone specific at Time Warner or just normal Billing Dept.
Also, do you know how long it took?
I was in a situation last week where I paid the debt in store. Called last week after and a Billing Dept rep said it would be deleted. Followed up today and a different rep said it would only be reported as paid and I would have to deal with collections company CBE to remove the debt.
Time Warner it was just the regular billing dept. They were super easy. They said all information would be "removed". When I called ERC later, they tried to say it would be "paid collection". I threatened to refer my attorney, etc. and kept calling and calling, and asking for supervisors. They finally said they would just remove and investigate and send back to TW. They called back the next day and said it would be remove in 5-7 business days.
Congrats, apprecate you sharring your story. Glad it worked out. My CA is CBE Group trying to decide next steps for myself.
Paying of the debt to the creditor is not the act that triggers any requirement to delete a collection that has been reported on the debt.
What triggers a requirement to delete a collection is if the debt collector has their collection authority terminated prior to the payment of the debt to the creditor.
If the debt collector had legitimate collection authority at time of payment of the debt, they can report their collection for the first time, resinsert if they voluntarily did some sort of temp removal, or refuse to delete if it was reported prior to the payment of the debt.
The issue is whether they had legitimate collection assignment at time of discharge of the debt.
Deletion based on termination of collection authority on an unpaid debt is not mandated under the FCRA. It is purely CRA reporting policy, and is based on prevention of simultaneous reporting of two collections on the same debt.
If a first debt collector has their collection authority terminated prior to discharge of the debt, the owner could immediately assign colleciton authority to another debt collector, who could then report their collection to the CRA, with the possible result of two collections simultaneously included in the consumer's credit report on the same debt.
No such issue is present if the debt is paid while a first debt collector still has legitimate collection authority, as payment of the debt then terminates any subsequent assignment to a new debt collection.
CRA policy clearly instructs debt collectors not to delete based on payment of the debt, regardless of who accepts the payment.
I've had success similar in the past where I was verbally told it would be deleted and then later claimed it would be only "paid". I told them to review the call as they record everything and sure enough they had to delete it due to the verbal statement by their representative. So I would call back and let them know you've already been told it would be deleted and their representative stated such and they will need to review their call with you to confirm.