Need Help - To sue CA for violation

Discussion in 'Credit Talk' started by qbfaith, Mar 24, 2008.

  1. JJAM

    JJAM Active Member

    Yea Woof, you cracked me up; thanks for that. Just saying that sometimes they dont get removed as quickly as we expect or like them to. Keep on trying a few times and keep a record of what your doing.
     
  2. RobertEG

    RobertEG Active Member

    You may not like what I have to say, but this is my reading. You have acknowledged that the debt was legitimate, and overdue. Paying off a collection account does not remove it from your credit report as being a formerly overdue account. It was stilll a legitimate collection account. Yes, paying it off is noble, and the right thing to do, but it does not mean that the CA is obligated to remove it from your credit report. The only way to have done that is, when paying off the collection, you specified as a condition for your payment that they agree to a "payment to delete," that is, that a condition upon your payment is that they agree, in advance, and in writing, that payment will result in an agreement to delete it from your credit report.
    If that is was not agreed to, then it sticks for 7 years. YOU can still try sending a good will (GW) letter to the collection agency asking them to remove it from your credit report, but having now paid it off, you have lost all leverage, and thus it probably wont get a second look from them now.
     
  3. Hedwig

    Hedwig Well-Known Member

    I believe your understanding is wrong. This should never have been a collection account in the first place. It was paid to the OC after communications with the OC's internal collections.

    The OC shouldn't have place it with a CA as the debt had been satisfied, so they need to recall it. At that point the CA must remove it as they have no authority to collect or report the debt--it will be returnd to the OC.
     
  4. woofer

    woofer Well-Known Member

    Since I last posted I got EX to delete two bad tl's and three HI's and I had disputed this about 5 times before, starting last August.
    So sometimes they DO get removed with persistence.
    : )
    Woofer
     
  5. qbfaith

    qbfaith Member

    UPDATE: Finally gone

    I just wanted to update you all.

    So, it seems the CA was being a baddie. They kept verifying/validating my account as open IN SPITE of my letters, copies of payment, and call as of April 2008! I then received a TransUnion letter calling my dispute over this TL frivolous and that they would no longer investigate anything or take me seriously.

    I decided to send a final demand/request letter in semi litigious fashion essentially datelining my history of action and reactions by Cedars and the CA. I sent it CMRRR. I received the green card back from Cedars but not from the CA.

    Surprise surprise, 5 days later, the TL is no longer on any of my CRs. The funny thing is I subscribe to Experians Credit watch, TrueCredit and FICO Scorewatch and none of them alerted me when it was removed. Is that normal?

    I only found out because I happened to run my monthly FICO on each CRA and discovered it and my FICO score raise.

    Thanks for all of your support and suggestions.

    On to the next!
     
  6. jlynn

    jlynn Well-Known Member

    Yeah, baddies disappearing don't generate alerts - just things being added.
     

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