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Hello
has anyone had luck dealing with nyseg(new york state electric and gas). I have an account with them from 2012. They have hired the CA solomon and solomon to collect.
Both are reporting to CRA. I spoke to a few people from nyseg and was given diff answers. I was told that if I PIF the CA would update as PIF but it would remain on reports. Then I was told by diff rep that if I PIF they would recall debt from CA and it would be taken off reports, but they would not send letter stating that. Not sure what I should do. Its for $2400 and if its not going to be removed completely I would rather settle for a lesser amount. Any advice is greatly appreciated.
What they will agree to do and what they are required to do are different things....
If you pay without the creditor first terminating the assigned collection authoriity, the debt collector is not required to delete their collection.
Neither the FCRA nor the FDCPA require deletion of a reported collection based on termination of collection authority.
However, CRA reporting policy, as stated in their credit reporting manual, instructs debt collectors to delete their collection if their collection authority is teminated prior to satisfaction of the debt. The CRAs established that policy to prevent plural collections from simultaneously being included in the same debt.
Going that route requires pursuading the creditor to first terminate their business agreement with their debt collector, which they may be reluctant to do.
The more direct route is to make a PFD offer directly to the debt collector, and obtain an agreement directly from the reporting party to delete their own reporting.
You arrive at CR deletion of the collection without need for the OC to agree to terminate their business agreement.
Is there a reason why you do not wish to pay through the debt collector?
I've read several threads that said to deal with the OC when possible. Also they are both reporting. The OC on one CRA and the CA and the other 2.
I do not concur with the whenever possible part of that advice.
A PFD agreement with the debt collector is a contract directly with the party who reported the information that you want deleted.
Paying the OC requries a more circuitous route.
ok thank you
can you tell me if a CA is required to notify me of intent to collect before reporting an item to the CRAs? If I was not receive notification does that give them a reason to allow PFD?
They are required to send a dunning notice within five days of placing a collection on your reports. Not sure which law it falls under, FCRA or FDCPA, but failure to send the notice is a technical violation. However if the notice was sent to an old address that does get them 'off the hook'.
so they are not required to attempt to collect BEFORE reporting to CRA? I am going to contact solomon and solomon. I was hoping that since they had not contacted before reporting I would be able to get them to remove from reports by paying them. oh well....
Yeah, a lot of CA's will give a debtor a 'window of opportunity' to pay an item before reporting it, but there's no law requiring that (there should be, IMO), and there are plenty that will just slap it on your reports as soon as they get it and then send the notice.
I also moved and never received notification from them. I have decided to write them a pfd letter explaining that. Fingers crossed that it will work. its 2400 so maybe the total debt decrease will boost my score even if they dont delete. Defender2000 do you have an email or other contact info for the person who helped you?