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ERC holds an ATT debt, who to pay off?

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RobertEG
Legendary Contributor

Re: ERC holds an ATT debt, who to pay off?

Neither a dispute nor a DV will require the debt collector to delete.

The only way to force deletion of the collection is to get the OC to terminate the collection authority of the debt collector prior to accepting payment of the debt.

Even in that case, deletion is not a requrement of the FCRA, but only an administrative policy of the CRAs.

 

An assigned debt collector does not own the debt, and is not reporting that they do.  The balance they report is the amount they are authorized to attempt to collect on behalf of the owner.  Thus, to assert that their reporting becomes inaccurate once you pay the OC based on their reporting of a debt that no longer is owed to them is not correct.

If the OC accepts payment, that does not obviate the fact the debt colector had collection authority any more than if you had paid the debt collector.

 

Sending a DV would be next to meaningless after the debt were paid, regardless of who it is paid to.

First, a DV must be sent within 30 days of dunning notice to be timely. 

Second, even if timely, a DV imposes a cease collection bar until validation has been provided.  It does not compelt a response or require deletion of their reporting based on lack of a response.

With their collection authority already terminated by payment of the debt, they have no concern over an cease collection bar, and thus it would have not practical effect.

If they chose to respond, they could simply state that they have obtained verification that the prior debt was valid, and that its current amount is $0.

 

 

 

Message 21 of 25
Anonymous
Not applicable

Re: ERC holds an ATT debt, who to pay off?

Ok, here is what I have noticed with a lot of the communication companies - DirecTV, Dish, ATT, etc. They do not tend to sell their bad accounts right away, but rather place them with an agency for collection. They all seem to have a list of agencies they use - ERC, AFNI, Diversified consultants, etc. What they do is place the account with the CA, and if nothing is collected, they WILL pull it back and move it to the next CA on their list. They seem to do this about every 6 months. So if you have a little patience, it will move to the next CA and you will get a notice from them BEFORE they place it on your report. When you get such a notice CALL them immediately and make arrangements to pay, either the OC or the CA, whichever (in my case I paid DirecTV rather than AFNI), with the agreement that it won't be reported - they usually agree to this easily - MUCH more readily than a PFD. Now at this point the report from the earlier collection may or may not be on your reports, but if it is, just dispute with the CRA as 'collector does not have collection authority on this account' and it will be removed. 

 

Viola! Collection Removed.

Message 22 of 25
Anonymous
Not applicable

Re: ERC holds an ATT debt, who to pay off?

NormanFH what do you do if you've already paid the collection agency but they refuse to delete???? This is where i am stuck at.. two ERC collection accounts for ATT that are reporting as PIF but cannot get ERC to delete. Its driving me crazy...lol
Message 23 of 25
Anonymous
Not applicable

Re: ERC holds an ATT debt, who to pay off?

If you have already paid, all you can do is ask for goodwill deletion.

Message 24 of 25
Anonymous
Not applicable

Re: ERC holds an ATT debt, who to pay off?

Ok... i'll continue on with /GWs and hope that they give in sooner rather than later... thanks!
Message 25 of 25
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