CA not keeping their end

Discussion in 'Credit Talk' started by dubcredit, Feb 20, 2003.

  1. dubcredit

    dubcredit Member

    I paid a debt to a CA after negotiating a deal in writing to have the item deleted if paid. They now refuse to delete. What is the proper threat? FTC complaint? Small claims? Contact local newspapers concerning their practices?
     
  2. kathycmh

    kathycmh Well-Known Member

    Did they give you any reason at all or are they just being pigs about it?!

    I don't think the FTC can do much unless you can convince them the CA used deceptive practices to get you to pay the debt. Did they approach you with the settlement offer or did you approach them? Do you have written letters negotiating the settlement?

    I'm real curious as to how the final settlement agreement was worded. Is there any way you can post that letter here?
     
  3. dubcredit

    dubcredit Member

    Here is the major portion of the letter:

    Please be advised per our conversation, if you rbalance of $1550 is satisifed via the transaction we had discussed--the above referenced account will be removed from your credit file. Also be aware that our efforts with the credit reporting agencies are not instantaneous. The credit bureaus have certain times of the month that updates are performed and our notification may take several weeks to be reflected.
     
  4. kathycmh

    kathycmh Well-Known Member

    How long has it been?
     
  5. dubcredit

    dubcredit Member

    9 months
     
  6. lbrown59

    lbrown59 Well-Known Member

    That's several weeks all right!
     
  7. dubcredit

    dubcredit Member

    I have found all sorts of negotiation information, but once they do not carry through there is not much information on what to do...I have had this with two CA's.
     
  8. Epitomee

    Epitomee Well-Known Member

    From what I have read, you can send a copy of your letters and their letters to the CRA and demand a deletion. If your letters stipulate alleged liability and that you are paying under duress. California law allows a consumer to put an endorsement on the back of the check which signify that the liability is an nonentity if the check is cashed. In the future, send a letter of intent to the company, if they do not sign the letter, send a cashier check with a statement of " by cashing this check, your company, the entity you represent, the liability that has been assigned or purchased by your company, has basically agreed that this payment is under duress and has conditions of deletion from your systems and forwarding this information to all consumer reporting agencies" something like that..but fix up the endorsement to the point that, a.) you of course make a copy of the front and back of the cashier check b.) it can be used in court to substantiate you suing their butts off. Basically you are submitting them to a contract and if they renege, you become the collection agency.

    Paying a debt does not necessarily constitute valid liability.
     

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