02-06-2013 01:01 PM
We called about a small medical collection and we offered to pay in full if they remove from the credit reports.
However they won't mail,email,or fax anything in writing saying that. They said to write on the check...
" BY CASHING THIS CHECK ARS AGREES TO DELETE FROM CREDIT AGENCIES. "
It's a small amount so I am inclined to trust them, but at the same time I am worried that they won't follow through.
Any suggestions or advise?
02-06-2013 03:41 PM
That's a condition endorsement requirement, and in most states, is not binding. So you know.
02-06-2013 03:58 PM
The creditor I did PFD with didnt put anything in writing neither. They stated that once the last payment cleared that they would delete the account. To trusted them and they followed through After months of payments. In the end, not only did they delete the account but they Also sent me a statement saying the account was paid in full (At my request). Hope this helps.
02-06-2013 04:17 PM
I agree with Shogun in that conditional endorsements are often not enforceable, and if not honored, will require a day in court to attempt to enforce.
I would suggest, rather than entering a conditional statement upon the check, that you send payment over a cover letter that provides your statement of the agreement.
That establishes, at least from your statement, that you have an oral agreement. It at least establishes the first part of asserting any contract.... the understanding of the parties.
They have legitimate business reason for not putting their commitment in writing, as deleting based on payment of a debt is contrary to their credit reporting agreement with the CRAs. You take your chances. Such a promise is a binding oral contract, which is not as solid as a written contract due to obvious issues of proof should you get to court, but it is certainly better than no agreement at all.
02-06-2013 04:32 PM
I also had a medical collection that I paid and the CA agreed to Delete after payment but wouldn't put it in writing. Well they came through and it was deleted today. Good Luck.
02-06-2013 07:46 PM
Thanks for all the help. I think I am going to just take my chances and trust that they will delete after getting the payment in full.
I have included a letter stating what was agreed to on the phone. Keep my fingers crossed.
This board has been a awesome help to solving all of our credit problems. Everybody here as been great. I do however look forward to the day when I can stop reading these posts.
02-06-2013 10:28 PM
Sounds like a good idea, plus you have an oral agreement. I'd take the ball and run with it.
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