topic Re: Agreed with CA PFD. They did not delete, what are the options? in Rebuilding Your Credit

Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 02:27:37 GMT

Hello everyone, I contacted comcast about a collection acount a few months ago. I asked them if they mind if I recorded our conversation. The collection rep said not a problem you are more then welcome to record. I asked them to verify the debt and the amount. They provided the details, and then I asked what are my options. They said do I plan on paying in full. I said yes. Then I wask if I pay in full could you delete the account from all CRA's or stop reporting to all CRA's and they said we can do that. I said but will you do that. They said after they receive full payment they will remove collection from all credit reporting agencies. I said great, then asked for name and agent ID number and they repeated the questions and they said yes, so then I paid them in full. They said it will first show paid, then delete in about 30 days after that

Here is the problem 3 months later, it shows paid, but not deleted. Did they break our agreement? What are my options. Can't they be fined $1,000 for not following through with out agreement. Is our agreement by phone contractual?

Please help by shedding some light on this. Thank you in advance.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 02:53:35 GMT

@Anonymous wrote:

Hello everyone, I contacted comcast about a collection acount a few months ago. I asked them if they mind if I recorded our conversation. The collection rep said not a problem you are more then welcome to record. I asked them to verify the debt and the amount. They provided the details, and then I asked what are my options. They said do I plan on paying in full. I said yes. Then I wask if I pay in full could you delete the account from all CRA's or stop reporting to all CRA's and they said we can do that. I said but will you do that. They said after they receive full payment they will remove collection from all credit reporting agencies. I said great, then asked for name and agent ID number and they repeated the questions and they said yes, so then I paid them in full. They said it will first show paid, then delete in about 30 days after that
.
Here is the problem 3 months later, it shows paid, but not deleted. Did they break our agreement? What are my options. Can't they be fined $1,000 for not following through with out agreement. Is our agreement by phone contractual?

Please help by shedding some light on this. Thank you in advance.

@Anonymous yes it's a verbal contract apparently, as there was an offer, acceptance and consideration for a legal purpose, correct? You have the opportunity to sue them and seek injunctive relief to force them to act and to possibly seek damages.

educate yourself or find qualified legal counsel. You may be able to sue in small claims court without an attorney. Consult the laws in your jurisdiction.

Re: Agreed with CA PFD. They did not delete, what are the options?

RobertEG — Tue, 04 May 2021 02:54:14 GMT

Is the collection being reported by a third party debt collector, or was it reported directly by the original creditor as an internal collection by the creditor?

A PFD is a civil contract between the parties that becomes enforceable in court.

A credtior cannot make contractural agreement that is binding upon a third party who is not a party to the contract.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 02:55:10 GMT

@Anonymous but you should contact Comcast informally first to see if they may go ahead and correct it without going through all that.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 02:58:33 GMT

@Anonymous wrote:
@Anonymous yes it's a verbal contract apparently, as there was an offer, acceptance and consideration for a legal purpose, correct? You have the opportunity to sue them and seek injunctive relief to force them to act and to possibly seek damages.

educate yourself or find qualified legal counsel. You may be able to sue in small claims court without an attorney. Consult the laws in your jurisdiction.

@Anonymous
Yes, correct, I thought it was a contract and the entire conversation has been recorded. I seen some working in the forum thta might help me with the legal veribage to move forward and sue them for $1,000 but i can no longer find it.
Thanks for your help Birdman7

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 02:59:31 GMT

@Anonymous wrote:
@Anonymous but you should contact Comcast informally first to see if they may go ahead and correct it without going through all that.

Ok, will do. Will keep everyone posted.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:03:40 GMT

@RobertEG wrote:
Is the collection being reported by a third party debt collector, or was it reported directly by the original creditor as an internal collection by the creditor?

A PFD is a civil contract between the parties that becomes enforceable in court.
A credtior cannot make contractural agreement that is binding upon a third party who is not a party to the contract.

The collection account was being reported by a third party at the time that i paid for the collection in full. However, I contacted the original creditor which was comcast. My recorded conversation was with a comcast employee whom told me it would be deleted upon payment in full. What party would I have been considered?

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:13:28 GMT

@Anonymous wrote:
@RobertEG wrote:
Is the collection being reported by a third party debt collector, or was it reported directly by the original creditor as an internal collection by the creditor?

A PFD is a civil contract between the parties that becomes enforceable in court.
A credtior cannot make contractural agreement that is binding upon a third party who is not a party to the contract.
The collection account was being reported by a third party at the time that i paid for the collection in full. However, I contacted the original creditor which was comcast. My recorded conversation was with a comcast employee whom told me it would be deleted upon payment in full. What party would I have been considered?

@Anonymous unfortunately since it's a third-party collection, you had to have Comcast agree to recall it prior to it being paid in order to force CA to delete it. I do not know what your remedy might be at this point. Maybe @RobertEG can chime in further?

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:15:05 GMT

Basically Comcast made a promise that they could not fulfill. They have to recall the debt from debt collector to terminate the debt collectors authority to cause it to be deleted. Then they can accept payment from you.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:21:37 GMT

@Anonymous wrote:
Basically Comcast made a promise that they could not fulfill. They have to recall the debt from debt collector to terminate the debt collectors authority to cause it to be deleted. Then they can accept payment from you.

Thats not good news. It shows paid, but I was hoping for more. Just hope they find a way to remove it as promised.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:26:52 GMT

@Anonymous wrote:
@Anonymous wrote:
Basically Comcast made a promise that they could not fulfill. They have to recall the debt from debt collector to terminate the debt collectors authority to cause it to be deleted. Then they can accept payment from you.
Thats not good news. It shows paid, but I was hoping for more. Just hope they find a way to remove it as promised.

@Anonymous they have already reported it paid to the debt collector who has updated it. They have no authority to direct the debt collector to delete it.

i'm not sure how they will proceed.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:29:38 GMT

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
Basically Comcast made a promise that they could not fulfill. They have to recall the debt from debt collector to terminate the debt collectors authority to cause it to be deleted. Then they can accept payment from you.
Thats not good news. It shows paid, but I was hoping for more. Just hope they find a way to remove it as promised.
@Anonymous they have already reported it paid to the debt collector who has updated it. They have no authority to direct the debt collector to delete it.

i'm not sure how they will proceed.

I guess I will need a law firm.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 03:56:56 GMT

For future reference and for other readers, whenever a third-party has a collection, you have one of two ways to have it removed.

First you can make a deal with the debt collector for a PFD. Or you can make a deal with the OC to recall the debt from the CA, which terminates the debt collectors authority requiring deletion. then, you pay the OC subsequent to the recall.

If you pay prior to the recall, it doesn’t terminate CAs collection authority and doesn’t have to be deleted.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 04:00:01 GMT

@Anonymous wrote:
For future reference and for other readers, whenever a third-party has a collection, you have one of two ways to have it removed.

First you can make a deal with the debt collector for a PFD. Or you can make a deal with the OC to recall the debt from the CA, which terminates the debt collectors authority requiring deletion. then, you pay the OC subsequent to the recall.

If you pay prior to the recall, it doesn’t terminate CAs collection authority and doesn’t have to be deleted.

Great info thank you.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 04:13:27 GMT

@Anonymous wrote:
@Anonymous wrote:
For future reference and for other readers, whenever a third-party has a collection, you have one of two ways to have it removed.

First you can make a deal with the debt collector for a PFD. Or you can make a deal with the OC to recall the debt from the CA, which terminates the debt collectors authority requiring deletion. then, you pay the OC subsequent to the recall.

If you pay prior to the recall, it doesn’t terminate CAs collection authority and doesn’t have to be deleted.
Great info thank you.

@Anonymous i'm just sorry you didn't have the information before you made the deal.

Nevertheless, Comcast made a bargain and they may be able to persuade the debt collector to delete it based on their relationship with the debt collector. Comcast has an obligation to you, as they agreed to a condition and the recording was authorized, & you have evidence of the oral contract. I would definitely speak to a supervisor at Comcast.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 13:43:55 GMT

@Anonymous wrote:
Basically Comcast made a promise that they could not fulfill. They have to recall the debt from debt collector to terminate the debt collectors authority to cause it to be deleted. Then they can accept payment from you.

I am not aware if they recalled the debt. I called one day, told them phone call was recorded. Asked about payment optioned. Then they agreed to removed debt from credit upon full payment. They asked tif I was ready to proceed, I said yes. They asked how would I pay for it, I said by credit card. Then they accepted the credit card, said debt was fullfilled. Then said it will show up paid in 30 days, then said it would be removed after that. Every thing worked fine until after that, its still there just saying paid.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 13:46:38 GMT

@Anonymous wrote:
@Anonymous wrote:
@RobertEG wrote:
Is the collection being reported by a third party debt collector, or was it reported directly by the original creditor as an internal collection by the creditor?

A PFD is a civil contract between the parties that becomes enforceable in court.
A credtior cannot make contractural agreement that is binding upon a third party who is not a party to the contract.
The collection account was being reported by a third party at the time that i paid for the collection in full. However, I contacted the original creditor which was comcast. My recorded conversation was with a comcast employee whom told me it would be deleted upon payment in full. What party would I have been considered?
@Anonymous unfortunately since it's a third-party collection, you had to have Comcast agree to recall it prior to it being paid in order to force CA to delete it. I do not know what your remedy might be at this point. Maybe @RobertEG can chime in further?

Pretty much stuck at this point. If i could use a letter with the $1,000 fine for their breach it might work.. I am trying to find that statute but no luck at this time.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 13:55:00 GMT

@Anonymous wrote:
@Anonymous wrote:
@Anonymous wrote:
For future reference and for other readers, whenever a third-party has a collection, you have one of two ways to have it removed.

First you can make a deal with the debt collector for a PFD. Or you can make a deal with the OC to recall the debt from the CA, which terminates the debt collectors authority requiring deletion. then, you pay the OC subsequent to the recall.

If you pay prior to the recall, it doesn’t terminate CAs collection authority and doesn’t have to be deleted.
Great info thank you.
@Anonymous i'm just sorry you didn't have the information before you made the deal.

Nevertheless, Comcast made a bargain and they may be able to persuade the debt collector to delete it based on their relationship with the debt collector. Comcast has an obligation to you, as they agreed to a condition and the recording was authorized, & you have evidence of the oral contract. I would definitely speak to a supervisor at Comcast.

Today i will follow up with comcast and attempt to speak with a supervisor. I hope they will take care of it. It is a lesson well learned. I did not have the right ammo before I made the call.

Re: Agreed with CA PFD. They did not delete, what are the options?

Anonymous — Tue, 04 May 2021 15:06:55 GMT

I know no one likes dealing with Collection agencies, but if a collection agency is reporting, you always start with them to PFD, as mentioned above, an original creditor cannot PFD a CA, they can only recall the collection authority (terminate it).

Always start with the collection agency to PFD. If they do not eventually agree to PFD, then you work on the original creditor to terminate/recall the collection authority in exchange for payment.

I attempted recalling a debt with Sprint because the CA would not PFD and they tried to sat they would, but when I made them clarify, it was simply to update as "paid". It can be tricky because they want to get paid and they will try to make a play on words to get the deal sealed.

In your post you stated "to stop reporting" which is what would happen if you paid, it would stop reporting monthly, so they probably agreed to that. Their mistake was saying they would delete it, which they cannot force the CA to delete, only to update, unless they withdraw collection authority.

Re: Agreed with CA PFD. They did not delete, what are the options?

sjt — Wed, 05 May 2021 18:20:31 GMT

Who is the collection agency?