If CA agrees to delete by phone

[Anonymous]

What should I do if a CA agrees over phone they would PFD upon payment should I simply make payment on phone or ask for a letter to be mailed then pay?

[Anonymous]

I have always asked for them to email me something or mail me something stating that before any payment is made. Always better to play it on the side of caution and not hope that they will keep their word.

[Anonymous]

You have the option to record the phone call for proof, should they try to renege. Some CA's are adamant about not providing such agreements in writing, as that directly conflicts with their reporting agreements with the CRA's.

[RonM21]

I would go ahead and make the attempt to get it in writing or email. Just be careful, because they do not have to do this.

[MrsCHX]

It doesn't hurt to ask...but many don't.

I have paid 2 collections recently, received just their word, and both came off my reports within 30 days of paying. n

[Anonymous]

Cardinal Rule #1 if dealing with a CA - Whatever they agree to, if it isn't in writing, they didn't agree to it.

Corollary of Cardinal Rule #1 - Payment causes instant and incurable amnesia regarding all verbal agreements in all CA's and JDB's.

[Anonymous]

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@Anonymous wrote:

You have the option to record the phone call for proof, should they try to renege. Some CA's are adamant about not providing such agreements in writing, as that directly conflicts with their reporting agreements with the CRA's.

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Check to make sure your state's laws allow for this. Some states require both parties to disclose, and agree to, being recorded.

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

You have the option to record the phone call for proof, should they try to renege. Some CA's are adamant about not providing such agreements in writing, as that directly conflicts with their reporting agreements with the CRA's.

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Check to make sure your state's laws allow for this. Some states require both parties to disclose, and agree to, being recorded.

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Nope. No need with these kind of business calls. They already give you a notice that they may be recorded - they cannot legally deny you permission to record your call while doing so themselves. In fact that notification is there to comply with the "two party permission" state laws. Their permission is implicit with the notification, and your agreement is given by staying on the line after the notification.

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

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@Anonymous wrote:

You have the option to record the phone call for proof, should they try to renege. Some CA's are adamant about not providing such agreements in writing, as that directly conflicts with their reporting agreements with the CRA's.

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Check to make sure your state's laws allow for this. Some states require both parties to disclose, and agree to, being recorded.

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Nope. No need with these kind of business calls. They already give you a notice that they may be recorded - they cannot legally deny you permission to record your call while doing so themselves. In fact that notification is there to comply with the "two party permission" state laws. Their permission is implicit with the notification, and your agreement is given by staying on the line after the notification.

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Odd, I live in California and my lawyer informed me that while continuing to stay on the call after hearing that message you have given your consent, it does not apply to the "all party" rule here. He said that anyone recording the call must also disclose that it is being recorded and give all other parties a chance to withdraw consent and/or conduct themselves in a manner that isn't self-incriminating or in violation of any laws. 

[RobertEG]

An oral agreement is basis for a binding legal contract.

If they agree orally and you send payment, you have a valid oral contract.

The rub is potential proof becomes dicier.

You can always bring civil action for breach of contract, which then provides basis for requesting the court to order the other party to provide any evidence in their possession that is relevant to the action. 

I honestly doubt that a debt collector will go through a civil suit, with potential access to their business records and phone tapings, simply to avoid deletion of their reported collection.  With a paid debt, they no longer have a business need to preserve the reporting.

I would advise requesting a written confirmation, but if it becomes a deal-killer, I would rely upon your ability to sue for breach of contract should they not comply.