Getting a deletion by other means than PFD.

[750orbust]

I'm going to do my best to explain, if it doesn't make sense, tell me and I'll try to explain further. I have this CA that is refusing to PFD, ABSOLUTELY WILL NOT DELETE, NOT FOR YOU NOT FOR ANYONE, in their exact words. I've been speaking with Guiness about plan number one which involves threatening to report them to the BBB, AG, and FTC for shady collection practices and reporting inaccurate information and offing not to make these complaints in exchange for PFD. If this doesn't work then I'm going to try plan number two. Now plan number two I'm not sure will work or not. The CA repeatedly told me that if I would just pay them then I could ask the CRA's to delete. I know this is a line of bull since all the CRA's are going to do is open a dispute and attempt to validate the information which this CA is going to validate since they've already got my money. UNLESS.......(and this is where I really want you guys and gals to pay attention) instead of getting a letter agreeing to PFD maybe I can convince them to give me a letter stating that upon receiving my payment that they will not acknowledge any knowledge of this TL if/when a CRA attempts to validate/verify. In laymans terms, if a CRA contacts them and tells them that the consumer has opened a dispute to this account then I want them to pretend like they have no knowledge of this account whatsoever and therefore the CRA would have no choice but to delete due to their unability to verify.
I just want to know if anyone has ever tried this before, if so, did you have any luck? Also, if I can get them to give me this agreement in writing and they fail to hold up their end of the bargain, what legal measures can I take against them? If they did fail to hold up their end of the bargain, would a copy of that letter be enough to send to CRA to force a deletion?

Hope all that makes sense, any help at all is appreciated.

[InvincibleSummer3]

I'm going to borrow a post from earlier today:

Here's the thing - when you dispute this with the CRA's, you can't assume that there will be a real live person picking up the phone and calling another real live person. Not so. All they have to do is check E-OSCAR, the automated system. They're not even obligated to contact the CA directly. 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/E-OSCAR/td-p/382221

Have you considered paying and then trying to GW the tradeline off? This may not work if you've threatened them, but I've had some pretty decent successes with stubborn "we're not gonne delete" agencies. They did....they just wanted payment first.

[750orbust]

I've considered GWing but I have not found any reports from anyone having success with this CA. I have seen that they have a whole lot of resolved complaints on the BBB website though. I wonder if "resolved" means that they finally agreed to the angry consumers demands or if they just lied to the BBB about what was really going on.

[750orbust]

Is it possible to call the CRA's and have them "manually verify" while you're on the line with them to avoid being tossed around in this E-Oscar crap?

[Anonymous]

Probably not since they have 30 days to investigate, and I use the term loosely, and reach a decision.

[750orbust]

E-Oscar or not, that doesn't answer the question of whether or not I would have any legal standing, with this agreement letter in hand, to hold this CA accountable for their actions if they were to brake our agreement and verify (would a civil suit be in order?). Don't they have the ability to go into the E-Oscar system and remove this information thus keeping the CRA from being able to verify??? Of course they do, otherwise no one would ever be able to get anything deleted. But this would just go back to the original issue, why won't they just PFD, when in fact, if they agreed to my plan number two this would be exactly what they would be doing.

[Anonymous]

Well, you didn't ask if you would have any legal standing.  You asked if the CRA would call someone while you were on the phone and that is what I replied to.

Whatever system they use to transmit data to the CRAs is what they need to change.  It could very well be that though they sent a deletion to the CRAs it comes back verified on a dispute because the information wasn't updated/deleted.

Yes, if you have a written agreement with them to delete and they fail to do so, there is legal cause to bring a suit against them for not honoring the agreement.

[Anonymous]

For general information purposes regarding the BBB:

The BBB has a very LOW standard of what it considers "resolved" complaints. Here's the standard:

A complaint, according to and practiced by the BBB, is considered "resolved" as long as the complaint is REPLIED TO.

If you initiate a BBB complaint against XYZ company and they don't reply to it or otherwise acknowledge it, that's where it can affect that company's BBB grade.

If you initiate a BBB complaint against XYZ company and they simply rely to it - but NOT necessarily work with you or give you what you want or even resolve it to any kind of satisfaction - the complaint is considered "resolved" and noted as such by the BBB.

[DaBears]

I would contact a consumer attorney. I just won a FDCPA lawsuit through my attorney and i got $500 back. We just started another one yesterday.

[750orbust]

@Guiness

OP, last two questions, I did ask..... Lol, its ok, I don't hold it against you, lord knows your eyes must be so tired from being on these forums 24/7.

"Also, if I can get them to give me this agreement in writing and they fail to hold up their end of the bargain, what legal measures can I take against them? If they did fail to hold up their end of the bargain, would a copy of that letter be enough to send to CRA to force a deletion?"

It was two questions, 1. Will I have ammo to pursue a civil suit for them not honoring agreement. (You already answered, and thank you)
2. If they do fail to honor the agreement, upon presentation of the agreement letter to the CRA will the CRA delete? (Or do they not care one way or the other whether a consumer and a CA make any type of agreement and only go by what the CA reports to them?)