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If i pay off original creditor can i then dispute with the credit bureaus that the original creditor has been paid and i have no agreement with the collection agancy? I really rather not call the collection agency and see if they allow Pay in Full for delete (because with my luck they wont). I dont mind paying as it is a small amount but i dont want this sitting on my report for 7 years. Any help or advice will greatly be appreciated.
I would ask the OC to recall the account from the CA. If they are willing to do so then that is when I would pay the OC. However, if they wont I would suggest that you write the CA a PFD letter and not give them anything until they agree to remove the account.
@diveforfun97 When i spoke to OC and asked if i could PIF for delete they said all they could do is report to the CA that it has been paid. I will call and ask them to recall it from the CA. If they cannot or will not can i dispute with the reporting bureau that i have no agreement with them and the OC has been paid?
@NLYTN wrote:@diveforfun97 When i spoke to OC and asked if i could PIF for delete they said all they could do is report to the CA that it has been paid. I will call and ask them to recall it from the CA. If they cannot or will not can i dispute with the reporting bureau that i have no agreement with them and the OC has been paid?
It won't work. They don't need your agreement. The lender can assign their debt for collection.
Ok I guess i will call and try to work it out with OC and then prepare a letter if they will not help me. Thaks BrianKill. Really need to get that 30pt drop off my report.
@BrianKill wrote:
@NLYTN wrote:@diveforfun97 When i spoke to OC and asked if i could PIF for delete they said all they could do is report to the CA that it has been paid. I will call and ask them to recall it from the CA. If they cannot or will not can i dispute with the reporting bureau that i have no agreement with them and the OC has been paid?
It won't work. They don't need your agreement. The lender can assign their debt for collection.
Agreed! If they wont recall the best you can do is hold tight and write a good PFD campaign. Stick with it.
A debt collector is, by definition, almost always a third-party with whom the consumer has not entered into any type of agreement.
A collection is the reporting by a party that they have obtained authority to attempt to collect on a debt of another.
There is no inaccuracy in the reporting of a collection based on any issue of lack of an agreement between the consumer and the debt collector, and thus no basis for a dispute due to lack of any ageements with the consumer.
Whenever a debt currently has or previously had collection authority, they can report their collection.
Neither the FDCPA nor the FCRA requires a debt collector to delete their collection if/when their collection authority is terminated.
Collection authority can be termined by the owner if the collection authority is only assigned, or it is automatically terminated when either the debt is paid, or it the debt collector owns the debt, they sell it to another.
However, the CRAs have a policy, as set forth in the credit reporting manual, that if a debt collector has their collection authority terminated prior to discharge of the debt, they are to delete their reported collection. That policy is intended to prevent two collections from simultaneously reporting on the same debt.
On the flip side, however, the CRAs also have a policy that a debt collector is NOT to delete their collection based on payment of the debt.
Thus, if the debt is paid prior to termination of a debt collector's collection authority, such as by direct payment to the OC, the debt collector is not to delete their collection.
The OC must voluntarily terminate their assigned collection authority prior to acceptance of payment. In that situation, the basis for requesting deletion of the collection is purely based on CRA policy instructions, and not any statutory requirment.
So I just called the CA and they do do PZiF for delete....hopefully they stick to what they say and I can get my pts back. Fingers crossed.