Help with Collection Account, paid OC

[criggs]

I  desperately need some help to make sure that I am handling this situation correctly.  I moved out of an apartment and apparently had a balance for a water bill and damages, the bill was never forwarded to me ($290.49).  In Sep 09 it was assigned to a collection agency, and reported to my credit report.  I DV'd the debt and it came back with proper validation (all water bills, and damage statment from apartment, clearly showing balance owed).  I attempted to PFD and they declined it, refused to accept any terms to delete.  Sent another PFD and it was returned with the same results. 

This is one of my last negatives...... 

Today I went to the old apartment complex, meet with the apartment manager.  She told me that the account was sold to the CA, and I persuaded her to accept payment from me.  I got a money order, wrote it out to the apartment complex, got a letter on there letter head stating that this "balance has been paid in full".

Now what exactly should my next move be in order to have this collection report deleted from my credit report? Were my actions proper?

Any advice will be much appreciated.....

Message Edited by criggs on 02-17-2010 12:27 PM

[OonaMission]

All that you can do at this point is GW the collection agency. Who is the CA that is reporting?

[criggs]

The CA is FMS Financial Management Solutions out of Greenbelt MD. 

Now, I'm trying to determine since I didnt pay the CA, and the OC accepted the payment, do I actually have a collection account?

[OonaMission]

Yes, the CA will still continue to be able to report the collection, it should just be marked as paid.

[guiness56]

Technically, since the OC sold the account to the CA, they were not supposed to accept money.  If the account was assigned to the CA, yes they could have.

In my opinion, yes, you still have a collection account.  You may want to check your states statutes and see what they might say.

[criggs]

So just to test the waters, I send a new DV letter to the CA.  They respond stating

"we have already provided you with all required documentation to validate your debt due to Cedar Creek Apartments, we have enclosed our previous info.  This office has a documented history of communications in which you attempt to offer payment in exchange for fraudulent alterations to your credit file.  This office will maintain and report credit information in accordance with all applicable credit reporting guidelines.  Any further attempts to alter your credit file that violate these guidelines will be ignored."

Now keep in mind this account was paid to the Original Creditor, and I have a letter to support it. 

Anyone have any suggestions on what I should do next??

[GordonShumway]

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@criggs wrote:

So just to test the waters, I send a new DV letter to the CA.  They respond stating

"we have already provided you with all required documentation to validate your debt due to Cedar Creek Apartments, we have enclosed our previous info.  This office has a documented history of communications in which you attempt to offer payment in exchange for fraudulent alterations to your credit file.  This office will maintain and report credit information in accordance with all applicable credit reporting guidelines.  Any further attempts to alter your credit file that violate these guidelines will be ignored."

Now keep in mind this account was paid to the Original Creditor, and I have a letter to support it. 

Anyone have any suggestions on what I should do next??

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All is fine except that if they are still reporting the account with a balance they are in violation of the statue (same one they cling to in their response) and you can sue their asses off.

I would seek some legal guidence. If they are still attempting to collect, there may also be applicable civil actions remedies that can prompt them to just delete instead of going through the legal motion.

 

[guiness56]

Since the OC was paid, you can not sue the CA for showing a balance.  It is the responsibility of the OC to report the payment to the CA.  Since they have already validated the debt and refused to PFD, there is not much to be done except a GW letter to them along with a copy of the payment.

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@GordonShumway wrote:

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@criggs wrote:

So just to test the waters, I send a new DV letter to the CA.  They respond stating

"we have already provided you with all required documentation to validate your debt due to Cedar Creek Apartments, we have enclosed our previous info.  This office has a documented history of communications in which you attempt to offer payment in exchange for fraudulent alterations to your credit file.  This office will maintain and report credit information in accordance with all applicable credit reporting guidelines.  Any further attempts to alter your credit file that violate these guidelines will be ignored."

Now keep in mind this account was paid to the Original Creditor, and I have a letter to support it. 

Anyone have any suggestions on what I should do next??

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All is fine except that if they are still reporting the account with a balance they are in violation of the statue (same one they cling to in their response) and you can sue their asses off.

I would seek some legal guidence. If they are still attempting to collect, there may also be applicable civil actions remedies that can prompt them to just delete instead of going through the legal motion.

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