topic Re: PFD Not Authoried in Rebuilding Your Credit

PFD Not Authoried

800goal800 — Mon, 31 Jul 2017 17:33:33 GMT

I'm working with a CA that represents the debt buyer of the original account. I know this is not possible, but the CA is telling me, in writing, that they can/will do a PFD for the OC.

Do I have anything to go back with per se saying they cant do it ? Anything in my corner since this sems like a lie ?

Re: PFD Not Authoried

RobertEG — Mon, 31 Jul 2017 17:42:13 GMT

They cannot enter into a valid legal contract that agrees to do something they have no legal right to do.

A debt collector/buyer cannot legally enter into a binding contract to delete credit reporting that is not theirs..

The fact that they have lied or misrepresented what they can/will does not change the fact that they cannot enter into a binding contract that agrees to something they have no ability to do. You may have legal recourse against them for misrepresentation in violation of FDCPA 807, but the original creditor is not a party to any such issues, and is not bound by any outcome of that issue.

Re: PFD Not Authoried

800goal800 — Mon, 31 Jul 2017 17:45:04 GMT

Right. This has nthing to do with the OC although separately I had asked for a PFD

So if Im understanding, if the debt buyer was reporting ( whcih they are not ), the CA would not be allowed to offer this ?

Any thoughts on how to proceed ? I've made a few payments but am only now realizing they wouldnt be able to do anything.

Re: PFD Not Authoried

RobertEG — Mon, 31 Jul 2017 17:51:55 GMT

You could unilaterally decide to hold the contract invalid based on misrepresentation.

Do you have a counter-offer in mind for new terms?

I would first consult an attorney before simply breaching. You might wish to notify of intent to hold the contract unenforceable, and make a new offer..........

Re: PFD Not Authoried

800goal800 — Mon, 31 Jul 2017 17:55:52 GMT

I would like to see it deleted - thats all I really care about. Now the CA and the Debt Buyer arent reporting so I guess that could occurr.

My agreement with them was under a monthly payment plan. Once paid is when they would delete. So if I cant get a delete at the end then my only other preference would be lower payments and longer time. I do not want to settle.

Re: PFD Not Authoried

800goal800 — Mon, 31 Jul 2017 18:15:30 GMT

Adding to this, on their communication it does not list who the new owner of the debt is. Are they required to have that ?

Re: PFD Not Authoried

RobertEG — Mon, 31 Jul 2017 18:26:17 GMT

One of the requirments of FDCPA 809(a) is that the dunning notice must state who they are collecting on behalf of (i.e., who now owns the debt).

What was stated in their dunning notice?

Re: PFD Not Authoried

800goal800 — Mon, 31 Jul 2017 18:32:32 GMT

It is quite possible I never recevied one. I honestly dont remember. After my first call, everything has been in writing ( PDFs ) via email surrounding the offers. Nothing in these states the current owner.

Re: PFD Not Authoried

RobertEG — Mon, 31 Jul 2017 18:40:39 GMT

That is a secondary issue related to compliance with their debt collection practices obligations under the FDCPA.

Lack of notice of the current owner within a dunning notice would not be substantive basis for deletion of any credit reporting.

You could file a formal complaint with the CFPB, but it will almost certainly result in no substantive action by the CFPB.

I would likely not pursue any complaint at this juncture, as you apparently are still seeking debt collector good-will.

Re: PFD Not Authoried

800goal800 — Mon, 31 Jul 2017 18:43:50 GMT

So in your opinion, is my best bet just to keep paying but maybe offer longer terms ? And in the agreement that the collection agency wont report ? Are they ( CA ) authorized to negotiate that their client ( debt buyer ) won't report ?

Thank you !