topic Re: should I take a PFD over the phone? in Rebuilding Your Credit

should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 18:05:04 GMT

I know this is usually a huge no-no. But I have been mailing letters and emailing this company without any response. Finally called today and the lady offered a PFD if I payed in full. It is with ProCollect.
The debt is for $1,055. She said she wouldn't delete for anything less than full payment, but that I could pay $850, and they would report as PIF.
What say you?

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 18:07:42 GMT

get it in writing before you pay DO NOT take their word for it.

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 18:47:22 GMT

When I told the lady "I mean no offense to you, but how can I be sure that you aren't lying?" All she said was well, my name is so-and-so and this call is being recorded, I'm pretty site if I was lying to you that you would be pretty upset and complain. And I certainly don't want any complaints against me."
Hmmm....

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 18:49:53 GMT

Yes, it is perfectly fine to accept a verbal agreement. Its just as binding LEGALLY as a written agreement is. You are free to record their calls as proof if you wish.

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:00:46 GMT

I thought each state had their own rules about verbal agreements and recording calls

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:01:47 GMT

I live in Texas. As far as I know, it is legal to record phone calls, right?

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:09:52 GMT

Some states, though, have laws that require that both (or all) parties on the line consent to the recording of the call. The confusion arises in the law when a person in a one-party consent state, like Texas, is talking to a person in a two-party consent state. Via Google

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:14:33 GMT

Verbal Contracts and Texas Law

January 26th, 2015
Verbal Contracts do exist and are legally enforceable in Texas, as a matter of law, if they meet necessary legal requirements and specificity. Adequate consideration must be given between the two parties of a verbal contract to make it binding. Adequate consideration is defined in two ways: (1) having a mutual reciprocal exchange [bargained for exchange] or (2) having legal value [an individual must do something that he is not legally obligated to do]. If adequate consideration is given between both parties and all other legal requirements are met, then a verbal contract may be held valid in a court oF LAW.

- Nacol Law Firm

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:15:38 GMT

Sounds like you're gold.

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:35:02 GMT

@Anonymous wrote:
Some states, though, have laws that require that both (or all) parties on the line consent to the recording of the call. The confusion arises in the law when a person in a one-party consent state, like Texas, is talking to a person in a two-party consent state. Via Google

Does not matter in this case. They are already recording the call - that is implied consent to for you to record the call as well. No notification or permission is needed even in two party consent states if the party on the other end has already notified you they are recording the call.

Re: should I take a PFD over the phone?

Anonymous — Thu, 28 May 2015 19:36:18 GMT

The collection agency is in Dallas. I really hope this works! Thanks for almost the info, guys!

Re: should I take a PFD over the phone?

ah32 — Mon, 01 Jun 2015 09:00:25 GMT

I did a PDF over the phone for a medical bill in Texas and the San Antonio collection agency removed as promised! Good luck!

Re: should I take a PFD over the phone?

Anonymous — Mon, 01 Jun 2015 22:13:26 GMT

Make sure you are getting a paid for delete, I think a pay in full is what she was offering, which I don't think helps your credit too much right now, please someone correct me if I am wrong.