Can the CA change the reporting method?

[Anonymous]

I asked this question in another forum and received a response, but it is bothering me so much, I'd really appreciate having more opinions. With my first interest in the details of my credit report ever, I saw an entry from a CA on a dispute I had with a local utility company back in 2003. As far as I'm concerned, it was a legitimate dispute where I was erroneously charged by the company. The company disputes this. I thought it might be a good idea to help my credit report to try to settle this matter, so the company and I settled. First, I had very nicely asked the CA to remove the entry and they refused. The woman could not even speak in anything other than in a harsh, berating, manner. I did not respond in kind. The item was updated and previously, where few details were reported, now, 28 lates, listing every month, were added to my experian report! It dropped 10 points. I'm very upset with this additional 28 lates having been added where none were noted previously on this entry, simply that it was a collection. It is now sitting at the top of my credit report. It says it was legally settled for less than the full amount. Do I have any recourse to legitimately get those 28 lates removed? I thought maybe if I was able to get the support of the original company to sign a letter to request this be removed and send it to experian maybe that would help? Of course, I'm not sure I could. Please advise, thank you. 

[llecs]

So the lates popped on after you settled with the utility?

Did the CA appear in 2003? When was DOFD?

Don't focus on the lates, focus instead on removing the CA. Have you sent a DV yet?

You needed to get everything in writing before settling. Never settle anything without a letter from a CA or OC first. Well, never settle with a CA before a PFD. I would call the utility and ask who owns the account. Mention that you settled and ask for that letter. You are on the right track.

Never call a CA. Never talk to a CA. Their word is not their bond.

[Anonymous]

 Thank you so much! YES, the lates popped up after the update. Yes, the CA's name was there in 2003 and the DOFD was November 25, 2003. I did not look into sending a DV letter because I did not understand that it was something that might be useful to me. I did not do my research/due diligence on my own behalf here. Mostly, I didn't think there was a chance to change the company's or the OC's position on this charge so I assumed settling would be a good thing to do. I did offer the CA to pay for the delete on the phone and she said she was obligated to keep it up on the report. I don't understand, ask the OC for what letter? Sorry, I have to write in one large paragraph because when I hit return, the next sentence goes to the top of ALL the text, very strange. Can I get these 28 lates removed since they were never on the record? On the original record, there was no reporting except for the DOFD, the OC name and the amount which was around $100. Every other item was not reported. 28 lates, it makes me really upset. 

[Anonymous]

What is your SOL?   If you are past SOL you are in a better position for a PFD.

Send a PFD to the OC.....in it tell them that you will PIF and in return the OC will pull the assignment back from the OC.

If the debt has been sold then you must deal with the CA.

Because you might be past SOL I would send the CA a DV   CMRRR

If the account has not been sold to the CA....I would at the same time send the OC the PFD letter.

If the OC answers the PFD and accepts....send a check...be sure to make it payable to the OC and on the back of the check use the restrictive endorsement!!!

[llecs]

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@Anonymous wrote:

I did not look into sending a DV letter because I did not understand that it was something that might be useful to me.

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It isn't too late to DV.

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@Anonymous wrote:

Mostly, I didn't think there was a chance to change the company's or the OC's position on this charge so I assumed settling would be a good thing to do.

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In a nutshell, you settled with the OC and then the CA didn't properly update and decided to add some lates.

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@Anonymous wrote:

I don't understand, ask the OC for what letter?

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Ask or a letter from the OC showing that you had settled it in such and such date. Right now the CA doesn't believe you. They are still chasing after you for $$$. Having proof of payment from the OC will aid in the removal of the lates and the account.

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@Anonymous wrote:

Sorry, I have to write in one large paragraph because when I hit return, the next sentence goes to the top of ALL the text, very strange.

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I think myFICO is working on this.

[Anonymous]

Thank you very much for your reply, I'm REALLY grateful. I thought the SOL was 7 or 7 1/2 years, but everything I see online says 6 years. I already told the OC I'd pay for a delete. I actually sent them a very nice letter yesterday to their website and I just asked them if they would be so kind to call the CA but I had no idea about ownership of the assignment, so I'll definitely write back to request that. OK re the DV letter. I don't know what a restrictive endorsement is but I'll look it up. Thank you. 

[Anonymous]

THANK YOU for your input, much appreciated. OK, I'll send a DV. The CA does believe that I made a payment. They noted that it was legally settled for less than the original amount. Maybe I should offer to pay the whole amount to the CA? I don't know who has the power here. But, maybe it's about who has the assignment? The CA seemed like no way no how would they remove the amount even if it was fully paid because it is a part of the report, end of story. 

[llecs]

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@Anonymous wrote:
Thank you very much for your reply, I'm REALLY grateful. I thought the SOL was 7 or 7 1/2 years, but everything I see online says 6 years. I already told the OC I'd pay for a delete. I actually sent them a very nice letter yesterday to their website and I just asked them if they would be so kind to call the CA but I had no idea about ownership of the assignment, so I'll definitely write back to request that. OK re the DV letter. I don't know what a restrictive endorsement is but I'll look it up. Thank you. 

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CRTP is 7-7.5 yrs as set by the FCRA. SOL is set by state law and could be 2yrs to 15 plus yrs based on your state's statutes. SOL doesn't really apply because you settled with the OC. But having the ability to prove you paid will prevent a lawsuit (not saying they'd sue. We suppose in "what ifs").

Restrictive endorsements only apply for payments. That won't apply here since you paid already. These are allowed by some states and is a phrase or mention on the back of a check telling the endorser that they can't transfer the check to a 2rd party or "for deposit only to mr. utility", etc.