CA claims they cannot legally do a pay for delete

Anonymous · ‎06-30-2008

I called this morning about a 6 year and 8 month old phone bill which the CA reported to 2 CRAs, and they said they are unable both by company policy and by state law to do a payment for delete. They suggested I just pay it and then dispute it, saying I did not get a notification of the bill, and that if they don't respond in 30 days it will be deleted from the file. They also pointed it out that it would be deleted by November this year anyway since the 7 year mark would be up. What should I do?

shalane85 · ‎06-30-2008

If I were you I'd wait until the 7 year mark and see if it falls off. Don't pay it if its going to fall off your credit file anyway. However some CA will sell your account to another CA right before its supposed to fall off and then the 7 year mark starts all over again, so be aware of that.

Anonymous · ‎07-01-2008

The way I understand it you are mistaken. If the CA sells the account to another CA and the new CA starts the 7 years over, that is reaging which is illegal.

marty56 · ‎07-01-2008

I wonder also if the SOL comes into play here. I dont get why a CA would not accept a payment so close to the fall off date or possibly the SOL date. They must not need the money.

Message Edited by marty56 on 07-01-2008 04:33 AM

1/25/2021: FICO 850 EQ 848 TU 847 EX

guiness56 · ‎07-01-2008

The 7 years does NOT start over when an account is sold or transferred to another CA. That is illegal. The 7 years goes by the DOFD and is set by the OC and can not be changed.

The SOL would not change either. Since it goes by the last payment made, if you have not made any, it will not restart the SOL.

It will fall off of the report after 7 years whether it is within or beyond SOL.

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llecs · ‎07-01-2008

painterly wrote:
I called this morning about a 6 year and 8 month old phone bill which the CA reported to 2 CRAs, and they said they are unable both by company policy and by state law to do a payment for delete. They suggested I just pay it and then dispute it, saying I did not get a notification of the bill, and that if they don't respond in 30 days it will be deleted from the file. They also pointed it out that it would be deleted by November this year anyway since the 7 year mark would be up. What should I do?

What state are you in and what state are they in? On the Federal level, it is not illegal. You can reset SOL with a payment other than a payment in full.

If these are reporting to TU or EX, then pull the org. reports from those CRAs (not EQ) and you'll find a drop off date. Make sure that date jives.

If the account gets sold to a new CA, CRTP or the 7 yrs will not restart.

Anonymous · ‎07-01-2008

I'm in NY. They are in another state (the CA). They didn't refuse payment, they refused payment for a deletion. I think not having it paid (it's only $200) looks worse for my score than having it paid right? Might as well pay it I think? Plus that negates the likelihood that it will be passed on to someone else and I'll be bothered by it later, whether they can report it or not.

Anonymous · ‎07-01-2008

painterly wrote:
I'm in NY. They are in another state (the CA). They didn't refuse payment, they refused payment for a deletion. I think not having it paid (it's only $200) looks worse for my score than having it paid right? Might as well pay it I think? Plus that negates the likelihood that it will be passed on to someone else and I'll be bothered by it later, whether they can report it or not.

In NY, paid collections are removed after 5 years, not the 7 year Federal CRTP.

Anonymous · ‎07-01-2008

shalane85 wrote:

If I were you I'd wait until the 7 year mark and see if it falls off. Don't pay it if its going to fall off your credit file anyway. However some CA will sell your account to another CA right before its supposed to fall off and then the 7 year mark starts all over again, so be aware of that.

Sorry,no disrespect, but this is false.

Selling the account from CA to CA does not affect fall of date nor does it affect the SOL. It doesn't affect anything.

CRTP is set by FCRA, it is 7 years, the 7 year period begins running 180 days past DOFD(which doesn't change once it has reached collection stage and is set by the OC)

Anonymous · ‎07-01-2008

@Anonymous wrote:

@Anonymous wrote:
I'm in NY. They are in another state (the CA). They didn't refuse payment, they refused payment for a deletion. I think not having it paid (it's only $200) looks worse for my score than having it paid right? Might as well pay it I think? Plus that negates the likelihood that it will be passed on to someone else and I'll be bothered by it later, whether they can report it or not.

In NY, paid collections are removed after 5 years, not the 7 year Federal CRTP.

If that is true, then once I pay it the item should fall off the report within 30 days of having paid it right? So well before November?