PFD Legal question

[Anonymous]

Hey all!

I'm not new to the forum but this is my first post.

I really appreciate all the great information I've found here.

I've run into a tricky situation with a CA regarding PFD.

I sent a PFD offer to EOS CCA in which I pay the full balance in exchange for removal from my credit report. I hadn't heard anything back so I decided to give them a call an inquire about it's status. 

I requested to speak with a manager and explained my situation - I don't believe I'm liable for the debt but I would work with the original creditor on that front as required, in the meantime the credit reporting is killing me and I'd like to get that side of thing taken care of.

They showed a record of receiving the offer and that it had been sent to a credit manager.  He sa he had no problem removing the item from my credit profile if I paid the balance. I then asked to be sent a copy of that offer on their letterhead per information I got on the forum. They said CB's don't look favorably on that type of thing and it could look like bribery and becomes an ethics issue. He said however, what I am willing to do is allow you to record the entirety of the phone call where I state my name, company and position and agree to remove it from your report.

I did some looking around - I think that would be admissible in court the only caveat would be if he wasn't made aware it was being recorded - however it was his idea..

So what do you all think?

Of course since I sent the PFD offer, they saw that as activity and added a derogatory report to the CB's which drove down my score even further... 

Thanks for all replies!

[Anonymous]

Hi and welcome.

What do you mean by they saw the PFD as activity and added a derogatory report to the CRAs?

[Anonymous]

The account in collections was last reported active quite awhile back like 2 years - and I hadn't heard anything at all from the no calls no anything... Well the problem is it's still on my credit report even if they aren't actively attempting to collect.. the Statue of limitations here in Michigan is 6 years so it's not going to disappear on it's own for the next 2 years...

Well what happened is in my effort to clear it up - I now see a new derogatory item hit Experian in my credit monitoing service - and of course it's EOS CCA.  I'll say this I clearly stated in both the PFD letter I sent and on the phone that I do not believe I owe the debt and take no responsibility for it. 

I really need to get working on clearing these things up and I was hoping the PFD would help, but it seems not only am I in a tricky situation with the recorded phone call offer, but now they're actively reporting to the credit bureau again! 

I wish I would have thought of that, before offering the PFD but either way I want to take care of it.

So I guess I need advice on direction - I see it as these options

1) Take the guy at his word - record the call and pay it off

2) Send EoS CCA a debt verification letter - and make them prove they're legally justified  to collect on the debt

In any event I want to take action on it - so I can get it behind me

Appreciate the reply!

-Quillfighter

[Anonymous]

EOS CCA seems to uphold their promises on deletion.  The CRAs do not like to delete accounts just because they are paid but that is entirely up to the furnisher of the information.

You offered a PFD and they pulled your report to see if you could actually make the pro offered payment.  Happens a lot. 

Don't confuse your state suing SOL with the CRTP.  CRTP is up to 7.5 years from the DoFD and that is what determines when something is excluded from your report.

MI 6 years is how long they have to file suit against you.

A DV letter does not make them prove any type of legal justification.  Only who is collecting and how much. 

If your state allows for one sided recordings then you can.  Otherwise you would need to tell them they are being recorded.

I would opt for the PFD and see what happens.  If they, for some reason, didn't delete you can file a complaint with the BBB for poor business practices.  Promising to do something they didn't follow through with.

[Anonymous]

Thank you for your insight - I think thats what I'll do

[RobertEG]

Personally, I would pay.

The debt collector has riased their legitimate concern that the CRAs have a written policy, incorporated into their credit reporting agreemets, that furnishers should not delete based on payment of a debt.  Their concern about putting their acceptance in writing thus has merit.

They have apparently gone out of their way to establish a binding oral contract., with offer to provide you proofs of that promise via phone documentation with their consent.

Pretty rare offer.

It does not appear they are planning to stiff you.

A DV letter, which would most likely be untimely at this point, but even if timely, wont require them to produce "proof."

They dont have to respond, and even if they did respond, all that would be required is to state that they have investitgated and obtained documentation that the debt is legitimate.  Formally hallenging the debt might also result in their taking the PFD acceptance off the table.

[Anonymous]

Thank you it's good to see it in black and white - I was leaning that way but I wouldn't say I'm an expert! Seeing that the opinions fall in line with my gut feeling give me confidence that it's the smartest thing to do.

[beanie7132]

If you do a search here, you will find many threads of those who have had success with EOS and verbal agreements for deletion. Personally, from reading the threads, and having EOS as a collection on my reports, they were the easiest CA to deal with. 

[Anonymous]

If this helps I just had a similar experience.  I had a debt from AT&T with EOS CCA and they would not send me anything in writing agreeing to the PFD however they would send me a letter for the settlement offer.  I paid $450 of $750 and they deleted the record within a few days.  I was a little apprehensive at first but I recorded the call and I verified 3 times during the call that it would be deleted.  I also made sure to get the name of the rep I was dealing with.

[Anonymous]

Thats great news, thanks!