topic Re: 2 collection, same CA in Rebuilding Your Credit

2 collection, same CA

Teasha — Fri, 18 Jan 2013 17:33:15 GMT

Im in the process of repairing my husbands credit. He has 2 collection that I'll PFD, one for $170 and the other for $2216 (inc interest). Question is... Could I PFD one at a time or will they expect both to be resolved at the same time? I would have more bargaining power with both but unfortunately not the $$$

thoughts please... The debt is with Apex Assets, Medical Debt. Planning on buying a house soon and we need these off.

Re: 2 collection, same CA

RobertEG — Fri, 18 Jan 2013 17:45:59 GMT

Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package. It is permissible on your part. Any requests on their part to pay as a package is their perogative to make, and yours to decline.

Re: 2 collection, same CA

Teasha — Fri, 18 Jan 2013 18:37:03 GMT

@RobertEG wrote:
Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package. It is permissible on your part. Any requests on their part to pay as a package is their perogative to make, and yours to decline.

Thanks for the feedback. I'll persue a settlement on both accounts. It seems at this point to be the better of two evils for both parties.

i'll post the outcome.

Re: 2 collection, same CA

Teasha — Fri, 18 Jan 2013 21:22:00 GMT

@Teasha wrote:
@RobertEG wrote:
Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package. It is permissible on your part. Any requests on their part to pay as a package is their perogative to make, and yours to decline.

Thanks for the feedback. I'll persue a settlement on both accounts. It seems at this point to be the better of two evils for both parties.

i'll post the outcome.

Ok... I contacted Apex Asset and was informed that because they were two different OC's the would be handled separately. I requested a settlement for the larger debt of the two and was advised they wouldn't have that information until next week. I requested if the accounts were paid would they kindly remove them from the CRA's? Unfortunately I was met with a "No" and they would only show "Paid" 0 balance. I tried to get a supervisor but she refused and re-iterated "We don't remove valid debts from the CRA's"

I did get an email address to send a request but she was making notation on the file as we spoke. Frustrated I called the OC and paid the account less the $400 CA fee and was advised they will notify them that the account was paid and ask if they will remove it from the CRA's. Unfortunately I may have ruined the chance of a removal. I don't think the CA will likely remove the accounts now that I cut them out of their commission and I don't know if the OC has the power to request a removal.

I did read that I could resubmit a DV to the CRA's and if the OC shows a 0 balance and the CA shows a balance then technically it would be reporting incorrect information and would need to remove it from the CRA's. Long shot but if there is any validity in that please let me know.

If there is anyway possible to get these removed please Speak upI definitely need help.

Re: 2 collection, same CA

Anonymous — Fri, 18 Jan 2013 21:21:44 GMT

The OC can request the CA to remove the negative trade line however the CA can keep reporting it. The CA must report the balance as zero and paid. Did the OC say that the balance was paid in full or settled for less than full amount?

This is just my opinion but I feel your best chance to getting this removed was with the CA. Once the CA reports zero you could always try to dispute the Trade Line and hope the CA wont take the time to verify the debt.

Re: 2 collection, same CA

Teasha — Fri, 18 Jan 2013 21:26:53 GMT

@Teasha wrote:
@Teasha wrote:
@RobertEG wrote:
Under the FDCPA, they are not precluded from lumping different accounts for purposes of negotiation, but they are required to associate any payments to a specific account.

You may see benefit in negotiation as a package. It is permissible on your part. Any requests on their part to pay as a package is their perogative to make, and yours to decline.

Thanks for the feedback. I'll persue a settlement on both accounts. It seems at this point to be the better of two evils for both parties.

i'll post the outcome.
Ok... I contacted Apex Asset and was informed that because they were two different OC's the would be handled separately. I requested a settlement for the larger debt of the two and was advised they wouldn't have that information until next week. I requested if the accounts were paid would they kindly remove them from the CRA's? Unfortunately I was met with a "No" and they would only show "Paid" 0 balance. I tried to get a supervisor but she refused and re-iterated "We don't remove valid debts from the CRA's"

I did get an email address to send a request but she was making notation on the file as we spoke. Frustrated I called the OC and paid the account less the $400 CA fee and was advised they will notify them that the account was paid and ask if they will remove it from the CRA's. Unfortunately I may have ruined the chance of a removal. I don't think the CA will likely remove the accounts now that I cut them out of their commission and I don't know if the OC has the power to request a removal.

I did read that I could resubmit a DV to the CRA's and if the OC shows a 0 balance and the CA shows a balance then technically it would be reporting incorrect information and would need to remove it from the CRA's. Long shot but if there is any validity in that please let me know.

If there is anyway possible to get these removed please Speak upI definitely need help.

"Paid in Full" and will have the CA remove the collection fee. They are sending receipt of full payment out next week.

Re: 2 collection, same CA

RobertEG — Sat, 19 Jan 2013 03:46:42 GMT

As for the DV tactic, first, you dont send a DV to the CRAs. You send to the debt collector.

Sending a DV after satisfaction of the debt will most likely by deposited in their grey circular file.

There is no requirement to respond to a DV, only that the debt collector cease collection until they do so.

Once the debt is paid, there is no longer any debt upon which to collect. Ergo, its a moot point.

Even if they chose to validate, they could simply state the name of the creditor, and the current amount of the debt as $0.

Re: 2 collection, same CA

Teasha — Sat, 19 Jan 2013 13:53:50 GMT

Thank you for the information.

When I called the OC and paid the original amount, I was told they will pull the account back from the CA and the CA fee will be removed. From the information I've received here, I'm under the impression that now that the OC has a satisfied debt the CA has no ground to continue to report and will therefore stop reporting. Ccorrect me if I'm misinformed the CA can still continue to report even if the debt has been settled with the OC even if its been "pulled back"' Correct??

I've been pretty successful with the DH's collections so far. 5 on TU down to 1, 3 EQ to 1 and 4 on EX to 2. So if it is correct that pulling back the collection will have the CA remove, I'd be extremely happy this far.

Re: 2 collection, same CA

Teasha — Sat, 19 Jan 2013 14:51:04 GMT

@Teasha wrote:
Thank you for the information.

When I called the OC and paid the original amount, I was told they will pull the account back from the CA and the CA fee will be removed. From the information I've received here, I'm under the impression that now that the OC has a satisfied debt the CA has no ground to continue to report and will therefore stop reporting. Ccorrect me if I'm misinformed the CA can still continue to report even if the debt has been settled with the OC even if its been "pulled back"' Correct??

I've been pretty successful with the DH's collections so far. 5 on TU down to 1, 3 EQ to 1 and 4 on EX to 2. So if it is correct that pulling back the collection will have the CA remove, I'd be extremely happy this far.

If anyone has any info to confirm this that would be great

Re: 2 collection, same CA

RobertEG — Sat, 19 Jan 2013 17:31:16 GMT

An OC cannot "pull back" credit reporting done by another party, even if that party is their assigned debt collector. They must notify the debt collector that the debt has been satisfied, which automatically terminates their collection authority.

When the debt is paid, regardless of whether paid through the debt collector or directly to the creditor, the debt collector is then required to make further reporting that the debt is now $0, and the collection is closed.

From that point on, their collection is closed, so there is no more reporting to be done. That is not the same as requiring them to delete prior, accurate reporting.

In fact, the credit reporting manual and agreements with the CRAs specifically instruct that prior reporting is not to be deleted based on payment of the debt.

Simply stated, payment of the debt is not basis for deletion or termination of reporting. It is basis for further reporting.

Re: 2 collection, same CA

Teasha — Sat, 19 Jan 2013 19:33:40 GMT

@RobertEG wrote:
An OC cannot "pull back" credit reporting done by another party, even if that party is their assigned debt collector. They must notify the debt collector that the debt has been satisfied, which automatically terminates their collection authority.

When the debt is paid, regardless of whether paid through the debt collector or directly to the creditor, the debt collector is then required to make further reporting that the debt is now $0, and the collection is closed.

From that point on, their collection is closed, so there is no more reporting to be done. That is not the same as requiring them to delete prior, accurate reporting.
In fact, the credit reporting manual and agreements with the CRAs specifically instruct that prior reporting is not to be deleted based on payment of the debt.

Simply stated, payment of the debt is not basis for deletion or termination of reporting. It is basis for further reporting.

I was miss informed by the OC. Not quite sure why she would use the terminology "pull pack the collection from the CA" I've never heard it before so thought to clarify... And you did. And of course the CA won't continue to report, there isn't anything. 0 Paid, that's it! It was merely a request in good faith for PFD.

This medical account was originally through his insurance company and the insurance didn't pay, claiming pre existing. No calls emails or snail mail was sent from the OC and first knowledge of this account was when DH pulled his credit report. I was only informed of those details when I called to pay. This account wouldn't make it to collection if people just did their job. It appears to me that when it comes down to reporting accurate information on any accounts and have the power when they're too lazy to do the job they were employed to do, it's easier to ruin people's credit.

The amount if times I've called companies out on bad account keeping is numerous.

... Just for the record

Re: 2 collection, same CA

Anonymous — Sun, 20 Jan 2013 01:49:18 GMT

Was this debt assigned to the CA by the OC to collect the debt? In that case if the OC has a good relationship with the CA then they could ask the CA to remove the negative trade line. Does the CA have to? No but they could honor the OC request.

I had a small medical bill that was reported by the CA that was assigned to the debt. I called the OC and paid them. Before I did pay I asked if they would ask the CA if they would remove the negative. So I did get a letter from the OC saying the account would be removed. Even though I knew the CA did not have to remove it. I just thought by the OC putting it in writing It would make them feel like they needed to honor the request. Two weeks later it was gone.

Good Luck.

Re: 2 collection, same CA

Teasha — Sun, 20 Jan 2013 16:45:06 GMT

@Anonymous wrote:
Was this debt assigned to the CA by the OC to collect the debt? In that case if the OC has a good relationship with the CA then they could ask the CA to remove the negative trade line. Does the CA have to? No but they could honor the OC request.

I had a small medical bill that was reported by the CA that was assigned to the debt. I called the OC and paid them. Before I did pay I asked if they would ask the CA if they would remove the negative. So I did get a letter from the OC saying the account would be removed. Even though I knew the CA did not have to remove it. I just thought by the OC putting it in writing It would make them feel like they needed to honor the request. Two weeks later it was gone.

Good Luck.

Thanks Mondavi,

It was assigned to the CA from the OC. infact the OC when I asked, said they will request it to be removed when thhave form them of the payments. I also wrote a thank you email to the OC and re-iterated may appreciation for submitting the "Deletion request" tot the CA and to let me know when it's been updated.

i do believe it will have positive results but will wait the couple of weeks to let it all settle. on the 16th I PFD'd another account and it was off 2 of the CRA's in 48hrs, am waiting on the EQ to remove And update next month