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Collections Help! Berlin-Wheeler

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Anonymous
Not applicable

Collections Help! Berlin-Wheeler

So yesterday, my fiance and I found out an old utility bill went into collections through Berlin-Wheeler. I contacted Texas Gas Service to see if they still owned the debt, they do, and if they'd be willing to pull the account out of collections so it'll be removed from the credit report and I will pay them directly to get it all taken care of.

 

They stated they do not do that, they will only mark the account as Paid in Full but it won't be removed. There wasn't anyone else I could talk to to negotiate so I decided to call Berlin-Wheeler to see my options with them. They are hired by Texas Gas to collect debts so I told them about the miscommunication with Texas Gas (we recently moved out of Texas and when closing the account, were told that was the final bill) and that I would like to know if there was any options to pay to delete the account. He said, "We can't necessarily do a pay to delete but seeing as there is a dispute on why the account went into collections, what I can do is take the payment, e-mail you a receipt, and send out a letter to you stating the account is being disputed and Berlin-Wheeler is no longer claiming the account. The dispute will be sent to all three credit bureaus and removed from your credit report." 

 

Is this something that's possible? I don't want to pay the bill, $41, and end up having the account marked as Paid in Full and closed. He promised over and over it will be removed but I won't be able to receive proof until after I pay. Is this a smart move? I just want the account removed entirely and to move on.

Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: Collections Help! Berlin-Wheeler

The debt collector is blowing you off my stating that the matter will be shifted to the CRA, who will delete.

 

If you pay the debt collector, they (the debt collector) can delete their own reporting.

If they state that they are not going to do a pay for delete, then you have no agreement to delete.

CRA policy is that collections should not be deleted based on payment of the debt, so any request to the CRA to delete would be contrary to their policy.

 

You dont have a dispute, and the debt collector cannot dispute their own reporting.

Any letter sent to the CRAs stating that the debt collector has been advised that the consumer has issues with the basis for collection is meaningless.  

If the debt collector agreed with the consumer that there was no basis for the reported collection, then the debt collector has the statutory burden under FCRA 623(a)(2) to report deletion on their own without any need for a dispute.

They have not formally determined the collection to be inaccurate, and their acceptance of payment would be improper if they agreed that the collection was improper.

 

If you wish to obtain the formal position of the debt collector as to your assertion that the debt is not legit,then YOU must initiate your own dispute, which will then be forwarded to the debt collector for their requried investigation and response back to the CRA.

If you pay the debt, a dispute would thereafter be moot, as there would be no issue of lack of legitimacy of a debt where no debt now existed.

 

Bottom line is no, the debt collector cannot ensure that the CRA will delete, and there is currently no pending dispute for them to consider.

Message 2 of 3
Anonymous
Not applicable

Re: Collections Help! Berlin-Wheeler

Okay so I called Berlin-Wheeler back and asked every question I could possibly think of. They removed the collections from all three credit bureaus themselves stating they were doing it because we were disputing the fact that the bill should have never went into collections in the first place.

 

So I misunderstood them saying they were disputing it and sending it to the bureaus to have them take care of it, BW is removing it from collections themselves.

 

But I thank you so much for taking the time to answer; I was so nervous that I was making a mistake but you provided the information I needed to ask all the right questions.

Message 3 of 3
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