ProCollect and PFD agreement not honored

[Anonymous]

I sent a PFD letter to ProCollect, and they responded with a form letter agreeing to delete the collection account if I paid the debt within a certain time frame. I sent them a check to pay off the account and it cleared my bank account well within the time frame they had outlined in the letter.

Believing they would hold up their end of the deal, I waited 30 days. All 3 CB's now show it as paid, but they have not deleted it. I sent an online dispute to TU through Credit Karma. After the investigation came back they said ProCollect validated that the debt was paid off, but it remained on my report as is. This was another 30 days. I then sent a copy of the letter from ProCollect and cancelled check to the three major bureaus. Today I received a letter from Experian that it was not enough to validate my letter requesting it removed from the credit bureau, that they were now contacting the CA. What other options do I have?

[RobertEG]

There is no reqquirment under the FCRA or FDCPA that a debt collector delete their collection based on payment of the debt.

As for filing a dispute or otherwise contacting the CRA regarding lack of deletion, they have a firm credit reporting polcy and instruction that debt collectors are not to delete based on payment of the debt.  You have in essence requested the CRA to intervene and make a deletion for a reason directly contrary to their official policy.

You have a legal issue of breach of contract, with a clear agreement on their part that if you pay A, they will do B.

Recourse is to first send an intent to sue letter to them asserting breach of contract, and if they stlll do not comply within a reasonable time, bringing civila action agasint them.