Collection agreed on 'pay for delete' then no action so far

[Junejer]

I think that the CRA can be "used" to force the proper reporting of an item. If they give it in writing, breach the agreement, and then ignore subsequent attempts to enforce agreement, then the CRA might be able to facilitate the request. It has happened before.

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RobertEG wrote:

I see no basis upon which the CRA will delete without first receiving a request directly from the CA.  >

[Anonymous]

I side with Robert on this - the CRA normally considers CA's letters like this case forgeries by the consumer. period.

But, recourse is only by tackling the CA with breach of contract because it shortens the period for them to respond - you have a written letter, they don't execute on it, they don't act on your 1-week notice, you go to small claims and in about 4-5 weeks you get a judgement.

If you were to request a reinvestigation to the CRA, the CA might cancel then and there or could validate after 30+5 days - then you can only slap them with a lawsuit. but you have wasted time.

A slightly more effective message would be to send a notarized copy of the CA's letter, a notarized copy of the check receipt, a notarized copy of the bank statement showing the check cashed,  to the CRA and tell them you dispute the reporting and if they don't remove you sue them for failing to act upon your notice of incorrect reporting with notarized proofs. The big caveat is that I'm still not sure the CRA would cave, it costs more in notarization than filing a claim against the CA in the first place.

Notice of breach with a clear remedy is a very crisp message and 99% of recipients act on it or respond why they won't honor it - that could give you further ammunition or help you change your tack more rapidly. Also sets the clock for action,  you don't have to file suit immediately, you still have a year or two.

[Anonymous]

The collection finally deleted the record today.

It took about 2 months to get it done. Here is what I did after posting here

1. I sent 'Notice of Breach Of Agreement' to CA and gave them 15 days to fix it

2. CA didn't do anything for that 15 days

3. I sent complaint letters to BBB, AG offices of NYand NJ, and FTC

4. AG of NJ referred my letter again to FTC

5. FTC simply sent me guideline of fair credit act w/o contacting CA

6. BBB actually contacted the CA and helped me fix the problem.

7. CA removed the record today!!! Thank you BBB!!

[fused]

Congrats!

[clocktick]

Wow, congratulations!  This is just another example of one's persistence resulting in success.  Great job!

[Anonymous]

While I realize I am new here and this issue was resolved to the OP's satisfaction, I wanted to comment about the wording of their agreement.  Some may disagree with me, but this is my opinion and I hope to engage in dialogue that may help others.

The CA was quite sneaky in the wording of their agreement.  It was left open for interpretation!

They agreed to remove all "relevent" information and as a result they only updated as PAID.  Technically, they didn't agree to delete the entire account.  They only said they would take action on "relevent" entries. 

What is an entry?  Is it a field within the account?  Is the entire account an entry?  Perhaps to them it is the former and not the latter.  This is where it gets muddy and ambiguous.

Whatever THEY considered relevent was corrected, deleted or updated.  There is a big difference.

My guess is they felt it was relevent to remove the entry that said "past due" and updated with PAID.  

So for future reference I would be VERY specific on what an acceptable PFD agreement really is when getting one from a CA.  Make sure that the CA agrees to DELETE ENTIRE ACCOUNT in full.  Don't agree to let them "delete affected entries" or "update negative entries" in any way than a complete deletion.  They can get quite creative and never have lied to you.

See how it's not open for interpretation by doing it that way? 

Message Edited by OIFWoundedWarrior on 12-21-2008 10:53 AM

[Anonymous]

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@Anonymous wrote:

The collection finally deleted the record today.

It took about 2 months to get it done. Here is what I did after posting here

1. I sent 'Notice of Breach Of Agreement' to CA and gave them 15 days to fix it

2. CA didn't do anything for that 15 days

3. I sent complaint letters to BBB, AG offices of NYand NJ, and FTC

4. AG of NJ referred my letter again to FTC

5. FTC simply sent me guideline of fair credit act w/o contacting CA

6. BBB actually contacted the CA and helped me fix the problem.

7. CA removed the record today!!! Thank you BBB!!

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What does AG mean? Since I am in the state of North Carolina I just need to send letters to the BBB and AG of my state? What does FTC stand for?

Thanks

Strong

[Anonymous]

Guide to Common Abbreviations

This thread is the guide to the common abbreviations.

Yes, you contact the AG for your state.  In addition I have heard that you can also contact the AG for the state the CA is located.  

FTC is the Federal Trade Commission.

I hope that helps!

Message Edited by OIFWoundedWarrior on 12-21-2008 11:19 AM

[Anonymous]

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@Anonymous wrote:

While I realize I am new here and this issue was resolved to the OP's satisfaction, I wanted to comment about the wording of their agreement.  Some may disagree with me, but this is my opinion and I hope to engage in dialogue that may help others.

The CA was quite sneaky in the wording of their agreement.  It was left open for interpretation!

They agreed to remove all "relevent" information and as a result they only updated as PAID.  Technically, they didn't agree to delete the entire account.  They only said they would take action on "relevent" entries. 

What is an entry?  Is it a field within the account?  Is the entire account an entry?  Perhaps to them it is the former and not the latter.  This is where it gets muddy and ambiguous.

Whatever THEY considered relevent was corrected, deleted or updated.  There is a big difference.

My guess is they felt it was relevent to remove the entry that said "past due" and updated with PAID.  

So for future reference I would be VERY specific on what an acceptable PFD agreement really is when getting one from a CA.  Make sure that the CA agrees to DELETE ENTIRE ACCOUNT in full.  Don't agree to let them "delete affected entries" or "update negative entries" in any way than a complete deletion.  They can get quite creative and never have lied to you.

See how it's not open for interpretation by doing it that way? 

Message Edited by OIFWoundedWarrior on 12-21-2008 10:53 AM

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Useful information

Strong

[Anonymous]

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@Anonymous wrote:

Guide to Common Abbreviations

This thread is the guide to the common abbreviations.

Yes, you contact the AG for your state.  In addition I have heard that you can also contact the AG for the state the CA is located.  

FTC is the Federal Trade Commission.

I hope that helps!

Message Edited by OIFWoundedWarrior on 12-21-2008 11:19 AM

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Thank you!

Im writing this down

Strong