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

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Anonymous
Not applicable

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

 

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.

32 REPLIES 32
Anonymous
Not applicable

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


@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. 

Message 2 of 33
RobertEG
Legendary Contributor

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

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.

Message 3 of 33
Anonymous
Not applicable

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

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

Message 4 of 33
Anonymous
Not applicable

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


@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


 

Message 5 of 33
Anonymous
Not applicable

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


@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.

Message 6 of 33
Anonymous
Not applicable

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


@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?

Message 7 of 33
Anonymous
Not applicable

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


@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?

Message 8 of 33
Anonymous
Not applicable

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

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.
Message 9 of 33
Anonymous
Not applicable

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


@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.

Message 10 of 33
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