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Pay the OC, then DV AFNI. Once the OC has been paid, the CA no longer has collection authority and should delete. There are those that disagree with this, but it's actually in the guidlines.
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My take... make a PFD offer to the debt collector.
If you pay the OC, the debt collector must then update their reporting to reflect whatever the balance of the remaining debt might be. Nothing requires a debt collector to delete the reporting of their collection based on satisfaction of the debt.
An additioonal rub is that while paying the OC will satisfy the debt with them, the post infers that the debt collector may be asserting additional debt legally due to them based on their collection activities. So satisfaction of the debt in the eyers of the OC does not necessarily mean that the debt collector must update their reporting to $0 still under their collection. Is it probable that the debt collector is asserting separate debt accrued to them based on their authorzed collection on the debt?
Under FDCPA 808(1), a debt collector cannot attempt to collect any amount that is either not authorized in the account agreement creating the debt, or otherwise permitted by law. Almost certainly, your original agreement with the OC did not specifiy that debt collector fees not associated with your account with them would be authohrized.
However, if the laws of your state permit a debt collector to collect fees associated with their collection activitites, they could still assert remaining debt due to them.
A review of your state statutes regarding fees collectible by debt collectors would be prudent.
If the debt collector agrees to accept an amount as full satisfaction of the debt, that would clear the deck of any issues of remaining debt separately asserted to be due to them.
If both the OC and CA are reporting a PFD (DFP?) will only work for one of them. You don't want to pay double to have them both PFD.
So y
only the CA is reporting on my report. does anyone know what ill have to go through to get them to accept. ive heard both ways.
if you have time check my other post on my paypal $13 collection thats been passed around since 10/2011. thats the other one but with portfolio asset recovery. another tough one. id gladly pay what i owe in full maybe even more to get these off my account. i guess ill hope for people with some good luck or good strategy and go from there.
If only the CA is reporting send AFNI a PFD. I too have seen it go both ways. I have also seen them delete with a GW once paid.
@Warren1Bluffet wrote:So your saying dont pay the OC bc they might have sold the debt. they have no TL on my report but i think its prudent to do a PDF offer to AFNI. hopefully people have had luck with it. I hear alot of "its against our company policy" crap,. but my loan officer says dont pay them unless they delete bc it will hurt my cedit score. i live in Ga and need to see what the laws are if i can understand the jargon.
It will only hurt your score if they have not updated the account in a while. If they update monthly and you pay it won't hurt your score. It won't help it either.
Laws about what?