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Moderator
Posts: 22,406
Registered: ‎01-17-2008
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Re: Possible sticky situation on a PFD offer.

The problem with that is the OC can do whatever that want with a TL.  If they want to delete they can.  There are no duties under the FCRA to report in the first place.  Only that if they do it must be accurate. 

 

However, without something in writing from them I wouldn't sue them.  It would be a he said she said situation.

Frequent Contributor
Posts: 261
Registered: ‎07-02-2013
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Re: Possible sticky situation on a PFD offer.

gregcurryesq: Thanks for posting. You make a good point.

 

guiness: Is it still a "he said she said" situation if the verbal agreement was on a recorded line? Why does it have to be in writing? I can see how the OC can argue "well, we told you we agreed on the phone to the 50% offer, but we really meant it only to be a settlement, not deletion of the TL".

Moderator
Posts: 22,406
Registered: ‎01-17-2008
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Re: Possible sticky situation on a PFD offer.

As long as it was legally recorded.

 

We could debate the subject all day long and the only person who can make that decision would be the judge hearing the case.  It doesn't have to be in writing, I was just stating my opinion that without it, I would not sue.

 

But as I said, only the judge can make that determination.  Run it by a consumer attorney and get their thoughts.

Established Member
Posts: 14
Registered: ‎07-10-2013
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Re: Possible sticky situation on a PFD offer.

Wading a bit into contract law: reading your original post, I think OC would argue, amongst other things, mistake of fact. (It could be unilteral or mutual. Not sure it matters.) It sounds like the CSR's/OC's "acceptance" was based on deletion of the TL not being included. This is likely a material condition in the "contract," if there were a contract. That'd make the "contract" voidable by OC.

Disclaimer: IANAL, and this post isn't legal advice. 

Valued Contributor
Posts: 2,017
Registered: ‎08-24-2013
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Re: Possible sticky situation on a PFD offer.


money_talks wrote:

gregcurryesq: Thanks for posting. You make a good point.

 

guiness: Is it still a "he said she said" situation if the verbal agreement was on a recorded line? Why does it have to be in writing? I can see how the OC can argue "well, we told you we agreed on the phone to the 50% offer, but we really meant it only to be a settlement, not deletion of the TL".


You might want to research what constitutes a legally binding contract in your State. Whether verbal or written, in many States, money needs to change hands to make the contract complete and legally binding. Personally I think that you'd waste your time and money suing.



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