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I need some advise - pay the debt or hold off??

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Anonymous
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I need some advise - pay the debt or hold off??

I cancelled my AT&T DSL account back in March and upgraded to a better account with AT&T. AT&T referred the account to a collection agency. They sent me a $35 past due notice. I sent in a personal check and forgot about it. Then I check my credit report and it shows by credit score plummeted to 689 from 760 and I had a negative mark for a past due payment from another collection agency. I call the original agency to find out what happened and they said the account was cancelled and they didn't receive my check or cash my check. AT&T claims a new collection agency is handling it and they have left a mark on my record. They refuse to remove the mark because they claim it it past due >30 days. What do I do? They claim if I pay it in full it will be marked as paid in full and increase my credit score. As they absolutely refuse to remove it (I argued this for 20 minutes), how much can my credit score improve by making the payment??

Message 1 of 9
8 REPLIES 8
Anonymous
Not applicable

Re: I need some advise - pay the debt or hold off??

HOLD OUT!!!

 

 They are lying. Your will not gain any credit points. FICO counts paid and unpaid collections as the same. They will tell you anything to get you to pay them. Make it veryu clear to them you will not pay without them agreeing IN WRITING to delete upon receipt of payment.

 

The only time I would say pay it is if you are looking for a mortgage or have a manual review coming. If a lender does a manual review and looks at the unpaid collection it may hurt your chances or they may make you pay the collection before approval. But if you arent looking for credit hold your ground.

Message 2 of 9
Anonymous
Not applicable

Re: I need some advise - pay the debt or hold off??

See if the new collection agency will PFD, only one of them can report at a time.  ATT is not reporting so you really don't have to deal with them as far as reporting just to confirm who has the right to collect the debt.  Get an aggreement in writing.

 

Also just to be sure get something in writing say a DV requesting the oc even though you certain you already know this information tying this CA to this debt just so no other CA will pop up  trying to report/collect on a paid debt.

Message 3 of 9
RobertEG
Legendary Contributor

Re: I need some advise - pay the debt or hold off??

I see several issues floating about that seem unanswered.  Here is how I view your situation.

First, I am not sure that ATT is "out of the picture."  I dont see that they have said that they sold the debt to a CA, just that they referred it.  So ATT may still own the debt.

The fact that CA1 did not accept your payment because their collection was terminated is a pretty strong indication that ATT still owns the debt, and moved their collection agent over to CA2,  Just my speculation, from the facts.  If ATT still owns the debt, it is possible to offer payment to either ATT or CA2.

Did ATT ever report the lates on their OC account to the CRA? The reporting of the 30-day late by the OC is unrelated to the collection postings. 

If the CO still owns the debt, your PFD offer to them would relate only to the delection of any 30+ lates they may have reported.  The OC cannot agree to or force deletion of any credit reporting done by a CA.  So PFD to the OC wont remove any CA reporting.

If you choose to make a PFD offer to a CA, the first question is, which CA is currently posting to your CR?  You only PFD to one who has both posted to your CR, and has authority to collect the debt.

If CA1 is still in your CR, but tells you that they are no longer authorized to collect the debt, then you cant PFD them  You can only GW them.

If CA2 is now authorized to collect, but has not posted to your CR. then CA1 can remain in your CR until CA2 posts.  Once CA2 posts, then CA1 must delete.

In that situation, until CA2 posts, you cant PFD either CA1 of CA2.  CA1 cant accept payment, and CA2 has no posting to request deletion of.

If CA2 then posts to your CR, that is when you can PFD them.  If they accept, the only have authority to delete the CA posting, and not the prior 30-day+ lates posted by the OC.  You would then have to go back to the OC and separately request their GW deletion of that derog, or derogs.

 

On the issue of whether and when to pay, I wont offer advice, because that is a choice that only you can make.  PFDs offters are just conditional offers.  If they dont accept, and no one can predict whether or not they will accept, or even respond, the debt remains unpaid.  They can always then take legal action.  So waiting for a hopeful PFD acceptance is not without peril.  In your case, since the debt is low, and apparently lots of time still remains on your probable SOL, I dont see the threat of legal action as imminent.  Your risk, and thus your choice.  I dont think it is sound advice to just, in all cases, summarily recommend just sending out a PFD offer, and waiting for response.

 

I agree with other commentors.  Marking as PIF does not help credit score. It does help upon a manual review of your credit report to show that a prior debt was paid, so it is not without benefit to you, but it wont reflect in your credit score.  If they tell you it will benefit your score,they are either lying or dont understand credit scoring.

 

Message 4 of 9
Anonymous
Not applicable

Re: I need some advise - pay the debt or hold off??

The debt is owed to the second debt collection agency. They placed the mark on my credit record. The credit report says 

EOS CCA

Potentially Negative Closed

Date opened 6/1/2010

Amount $35.00

Account status: Closed

Account type: Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department

Account term: 1 month

 

So, from what you guys said before, paying this off will not result in any benefits to my credit score, right? The supervisor already told me they will not remove this from my credit report under any circumstance. I don't know what sending them a letter to remove it from my record in exchange for payment will accomplish. Don't I run the risk of legal action against myself? Also, have I taken the most amount of damage to my credit score or is there a further loss if I continue to leave this account deliquent? How long will it take for my credit score to recover? Thanks in advance!

Message 5 of 9
RobertEG
Legendary Contributor

Re: I need some advise - pay the debt or hold off??

The fact that CA2 has posted to your CR does not mean that they own the debt.

Yes, the owner, or their designee, can bring legal action.

If that legal action results in a judgment, that can additionally be posted to your CR.

Message 6 of 9
Anonymous
Not applicable

Re: I need some advise - pay the debt or hold off??


@Anonymous wrote:

I cancelled my AT&T DSL account back in March and upgraded to a better account with AT&T. AT&T referred the account to a collection agency. They sent me a $35 past due notice. I sent in a personal check and forgot about it. Then I check my credit report and it shows by credit score plummeted to 689 from 760 and I had a negative mark for a past due payment from another collection agency. I call the original agency to find out what happened and they said the account was cancelled and they didn't receive my check or cash my check. AT&T claims a new collection agency is handling it and they have left a mark on my record. They refuse to remove the mark because they claim it it past due >30 days. What do I do? They claim if I pay it in full it will be marked as paid in full and increase my credit score. As they absolutely refuse to remove it (I argued this for 20 minutes), how much can my credit score improve by making the payment??


I would search for that canceled check and nail it to AT&T's butt.

 

A paid collection will not improve your score, but as others have already mentioned, it will help upon manual review usually.

 

It is exceptionally unlikely they will sue you for $35.  I would wait them out until they are hungry enough to accept your PFD or until the CA screws up and violates the FDCPA and then you can sue them. 

Message 7 of 9
Anonymous
Not applicable

Re: I need some advise - pay the debt or hold off??

Actually, the original creditor claimed that they never received the original check and I have no evidence that they cashed it unfortunately. So, there is no further damage that can happen to my credit score from this same problem if I wait longer, right? I mean, it can't be relabeled in a way that is even worse than very late, right?

Message 8 of 9
Anonymous
Not applicable

Re: I need some advise - pay the debt or hold off??


@Anonymous wrote:

Actually, the original creditor claimed that they never received the original check and I have no evidence that they cashed it unfortunately. So, there is no further damage that can happen to my credit score from this same problem if I wait longer, right? I mean, it can't be relabeled in a way that is even worse than very late, right?


I am not sure, but I think you are right.

 

Assuming they can do no more damage, I'd sit back and wait them out.  You could up the pressure on the CA by sending them a Cease & Desist letter hoping that they will ultimately ignore that and then you can nail them with a FDCPA violation.  Of course, there is the risk that they could sue, but I find that exceptionally unlikely over $35.

 

Even without sending them a C&D, you can wait until they screw up and call you on your cell phone, or call you late at night.  Sooner or later they must screw up.  Just keep accurate notes on everything.

Message 9 of 9
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