Progressive and CA

[Brooklyn2018]

Hi Everyone!

Ok called Progressive and spoke to CSR and stated that I could pay thru them PFD or CA? I specifically stated I would like a PFD over and over and over and CSR said YES that they would clear up my CR once payment is made either thru Progressive or CA. I’m not sure how to interpret that? Is that a solid YES? Or a sly way of saying yes without really saying “Yes we’ll delete it from your CR once payment is made”

...but yet, he said it would be though. Very confused.

Any thoughts on what to do??

I asked for something in writing or email stating PFD but was given the “we’ll mail/email you a receipt once paid” Just doesn’t sound like a PFD, IMHO....am I right??

Some thoughts or ideas?? I would like to get this thing removed. Then I only will have one more to tackle. This will be my 6th successful removal if it goes through!! So, please some GREAT ADVICE.

Thanks so much!!👍👍

😊

[RobertEG]

It depends upon what the creditor was promising to delete.

If it was something under their own account, then it is an oral agreement that is enforceable.

However, if you are referring to their PFD agreement to delete a reported collection, then no, it would not be binding.

A creditor has no authority to delete reporting of another, and cannot enter into a binding contract that commits someone else to do something, particulary if that something is only under the purview of that third party.

[beutiful5678]

Based on what I've read here, Progressive typically assigns a collection account to a CA (CCS in my case). After confirming that an account is indeed assigned to the CA (rather than sold to the CA), I believe the specific verbiage that you'd want to use is requesting that they "recall the account from the collection agency." Once the account is recalled, the CA has no authority to collect on the account, nor the authority to report the account to the bureaus.

Since you've already made arrangements with them, just review the letter/email from them for the above verbiage to confirm that the account will be recalled from the CA.

[Brooklyn2018]

Spoke to CSR and he stated(since call is being recorded) that once PIF is made that YES the account will be deleted from my CR. Also, the update to the CA on the account that the account has been paid and that they would have to delete their entry from my CR, as well.

I’ve got my fingers crossed 🤞 here hoping they honor what they say, since our conversation is and has been recorded.

With that said, “recorded,” is that a legal-binding verbal contract if not honored? I reside in TX and I would think so, as a matter of speaking, is that correct?

Can anyone shed light on this?

TIA!!

😊

[RobertEG]

Not true.

CRA policy, as set forth in both their common credit reporting manual and incorportated into all of their credit reporting agreements, clearly states that furnishers are NOT to delete reporting based on payment of the debt.

Paying the creditor will NOT require the debt collector to delete their collection.  To the contrary, CRA policy clearly instucts that they not do so.

As for whether a commitment can be enforced as a legal oral contract, the answer is yes provided the party has the legal right to make the commitment.  Oral contracts, while a bit harder to prove in court, are still contracts.

However, no contract can commit to terms that the party either cannot comply with or are illegal.

In the case of a commitment that another party delete their reporting, the enforceability of that statement has little or nothing to do with whether it is oral or recorded.  It has everything to do with the fact that it is not a commitment that they can comply with, and thus not enforceable.

A creditor may be pursuaded to contact their debt collector and request that they voluntarily delete their reported collection, but that would be voluntary on the part of either.  It would not be an enforceable contract requirment in court.

[Brooklyn2018]

Well, called Progressive and made the payment of $290.12 to them directly. As i was told, AGAIN by CSR the account will be deleted from my CR's once payment is made. I will receive a confirmation email(which i did receive) and then it could take up to 30 days to see the results of the deletion. They'll also recall the CA from reporting as well...as he stated they would because they'll no longer have collection authority. SO, WE'LL SEE???

side note: You know, at this point, YES, I would love to have this off my CR's but, the truth is...I'm ok if it's not. You can't always have your cake and eat it, too! So, IMHO, in the end...I did what was right! I paid my debt! I'm ok with that as it will finally stop updating and I can move on to the next one. At the end of the day...I REALLY WON!!!

Thanks Everyone for the GREAT ADVICE!!!!

Hope everyone is enjoying their weekend...be safe!!!

[Brooklyn2018]

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@Brooklyn2018 wrote:

Well, called Progressive and made the payment of $290.12 to them directly. As i was told, AGAIN by CSR the account will be deleted from my CR's once payment is made. I will receive a confirmation email(which i did receive) and then it could take up to 30 days to see the results of the deletion. They'll also recall the CA from reporting as well...as he stated they would because they'll no longer have collection authority. SO, WE'LL SEE???

side note: You know, at this point, YES, I would love to have this off my CR's but, the truth is...I'm ok if it's not. You can't always have your cake and eat it, too! So, IMHO, in the end...I did what was right! I paid my debt! I'm ok with that as it will finally stop updating and I can move on to the next one. At the end of the day...I REALLY WON!!!

Thanks Everyone for the GREAT ADVICE!!!!

Hope everyone is enjoying their weekend...be safe!!!

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Well, so far, PROGRESSIVE has stuck to their word on deleting their entry from my CR's. as well as, pulling back the CA. I just recieved today and alert from WalletHub that CA was removed from my TU report...But, my score went down on it(I know it's a FAKO score) So, no one freakout!! 

My Discover gave me my FICO 8 of 508...which WAS 522 on CCT just the other day so, I'm waiting for my CCT resetso I can check them again and see where my scores are??? I think I'm going to give it a few more weeks. I still have to wait until Fingerhut starts reporting FreshStart AND THEN see where I am at. Hopefully, I'll see a little increase(?) if not, I will in a month or two.

Anyways, that is where PROGRESSIVE is so far...Hoping EX and EQ get it off soon. Then just Jefferson Capital and a medical(due to drop off sometime next year)

I'll keep posting on this thread to hopefully help someone else?

[Brooklyn2018]

UPDATE!!

Checked reports today and Credit Collection Services has deleted their entry from my TU and EQ, so far...now just waiting on EX

...to be continued.😉

😊