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Established Member
Posts: 28
Registered: ‎10-03-2011
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PFD - Collector won't put in WRITING

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?

Moderator
Posts: 13,897
Registered: ‎04-15-2011
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Re: PFD - Collector won't put in WRITING

That's a condition endorsement requirement, and in most states, is not binding.  So you know.  Smiley Happy

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Established Member
Posts: 24
Registered: ‎01-09-2013
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Re: PFD - Collector won't put in WRITING

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. 



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Epic Contributor
Posts: 21,642
Registered: ‎03-19-2007
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Re: PFD - Collector won't put in WRITING

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.

Regular Contributor
Posts: 204
Registered: ‎09-17-2007
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Re: PFD - Collector won't put in WRITING

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.


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Established Member
Posts: 28
Registered: ‎10-03-2011
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Re: PFD - Collector won't put in WRITING

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.

 

Thanks again

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Moderator
Posts: 13,897
Registered: ‎04-15-2011
0

Re: PFD - Collector won't put in WRITING

Sounds like a good idea, plus you have an oral agreement.  I'd take the ball and run with it.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
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