I've just been on the phone with a collection agency I've been paying to every month (I know, never should have started...) and I tried to get them to agree to delete my tradelines in exchange for full payment. They wouldn't do it, all they promised to do is mark "paid in full, no further obligation". I'm pretty sure I'm going to pay it off now, but what can I do to make this look better on my credit report? Wait a few months and then try the validate paid chargeoff routine?
You should have made them agree to it before you started paying. Now they have very little incentive to bargain.
I know, I know, but what's done is done. I've been paying them a little bit each month for years. I can't very well dispute the validity of the debt at this point. Avoiding them at this point doesn't accomplish much. Assuming that my best option right now is to pay off, what can I do from here?
I wouldnt EVER settle unless the TL was going to be deleted. and get everything in writing. crowmom ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Well, I can either keep paying them a little bit each month for another year (this was in motion long before I found this message board), after which I've accomplished nothing, or settle it out now for a percentage and let it start receding into my past. I seriously don't think they're going to budge about the deletion. I've read lots of threads about them here on CreditNet and they are not nice.
Re: Re: CA won't agree to delete on payment They never take it off the report when we make it right so why should we take it off the docket when they do?? WHO IS THEY ??????????
Re: Re: CA won't agree to delete on payment They will if they want the money or if you get them on violations. They never take it off the report when we make it right so why should we take it off the docket when they do??
Re: Re: CA won't agree to delete on payment Here's a better idea: I'm just going to leave that collection account alone and instead put my money into a secured credit card. That will probably have a bigger effect on my credit score.
Re: Re: CA won't agree to delete on payment "I can't very well dispute the validity of the debt at this point. Avoiding them at this point doesn't accomplish much." -WHY CANT YOU REQUEST VALIDATON??THE RIGHT TO A VALIDATION REQUEST IS NOT DETERMINATE ON "LIABILITY" of the debt. YOU CAN WRITE A LETTER TO THE EFFECT OF "I am writing to request verification of the statuts/balance/amount/ etc etc of the DEBT I KNOW I OWE YOU AND REALLY REALLY WANT TO PAY YOU CAUSE I KNOW I OWE IT" AND STILL BE ABLE TO PREVAIL IN A COURT FOR VIOLATIONS COMMITTED BY THE COLLECTOR! -"VALIDATION", used ONLY ONCE in the FDPCA, is commonly assumed to mean "liability" or "responsibility" of the debt. NOT TRUE! -IN FACT, when you read FDCPA 809, "VERIFICATION" is what the collector has to do. ADDITIONALLY, THE COURTS HAVE MADE IT CLEAR "LIABILITY" for a debt is IRRELEVENT when it comes to the protection offered by the FCRA/FDCPA. WE NEED TO LEARN THAT DENYING OWNERSHIP OF A DEBT (UNLESS IT IS NOT YOURS) IS NOT A GOOD APPROACH TO DISPUTES ETC.
I've just been on the phone with a collection agency I've been paying to every month (I know, never should have started...) Mistake #2, and Mistake #1 and I tried to get them to agree to delete my tradelines in exchange for full payment. They wouldn't do it, all they promised to do is mark "paid in full, no further obligation". I'm pretty sure I'm going to pay it off now, but what can I do to make this look better on my credit report? Wait a few months and then try the validate paid chargeoff routine? Whats their motivation to remove it? They already have you paying(they told you they dont negotiate price either, right) What do they want? MONEY What do you have? MONEY, SOL What do they have? NOTHING Who has the upper hand?
Re: Re: CA won't agree to delete on payment Who has the upper hand? ============================= They do as long as you don't know you do !
Re: Re: CA won't agree to delete on payment You might have some luck disputing it after you have paid it off. Worked for me - once -. After they have marked it paid in full wait a couple of months and then dispute with the CRA as "not mine", once they have been paid their motivation for responding to the dispute disappears and they MIGHT ingore the verification request.
Re: Re: CA won't agree to delete on payment How do I have any SOL if I've been paying them every month? Everything I've read tells me that the SOL is reset every time you make a payment. Well, I've been making monthly payments since long before I found this message board. If I stop now, I risk much nastier collection activity. Furthermore, contacting them now doesn't hurt me any further because of my ongoing payment history with them. HOW do I have the upper hand? Please, enough telling me how many mistakes I've made in the past. I'm looking for what my best move is NOW. P.S., the CA is Cavalry Portfolio Services.
Re: Re: CA won't agree to delete on payment Aha! I think I've already found a violation: The story: My original credit card was charged off in 1999 and purchased by a collection agency. Cavalry bought said collection agency in mid-2002. Cavalry is showing an "account open" date of 2002, which appears to me to be re-aging. It should, of course, be back in 1999 when the first CA acquired the account. How can I say "gotcha!" and get them agree to a deletion upon payment.
Re: Re: CA won't agree to delete on This might be a long shot, but try this. First, be able to prove that you've been damaged so you have something to claim in court. Get turned down for credit due to low FICO, or better yet the fact that this "recent collection" is listed on your account. They sue their butt off, or as some would say ITS unless they agree to complete deletion. G.H.
Re: Re: CA won't agree to delete on "I think I've already found a violation: The story: My original credit card was charged off in 1999 and purchased by a collection agency. Cavalry bought said collection agency in mid-2002. Cavalry is showing an "account open" date of 2002, which appears to me to be re-aging. It should, of course, be back in 1999 when the first CA acquired the account." -"Re-aging" occurs when when a collection agency REPORTS the ORIGINAL DATE OF DELINQUENCY AFTER the "correct" date of original delinquency.(the original date of delinquency is usually the "charge off date" or the first 30-90 day late) -"OPEN/CLOSED" DO NOT indicate the date of original delinquency. -ONLY a dispute sent to the reporting agency DISPUTING THE STATUS of the account, and REQUESTING the original delinquecy date, can you start to concider "gotcha" "How can I say "gotcha!" and get them agree to a deletion upon payment." -Actually catch them LOL "This might be a long shot, but try this. First, be able to prove that you've been damaged so you have something to claim in court.: -WRONG WRONG WRONG!!!!!! The federal statutes DO NOT REQUIRE a consumer to "show damages" MERE violation is actionable for statutory damages. The purpose of the laws is to protect the consumer AGAINST ACTIONS by the collectors/reporters.(case cite avail) "Get turned down for credit due to low FICO, or better yet the fact that this "recent collection" is listed on your account." -YES...this ADDS to the "case", but what it takes to actually PROVE the "damages" may be harder than its worth T"hey sue their butt off, or as some would say ITS unless they agree to complete deletion." -DONT "INTEND" to sue, DO it or DONT. BUT IF YOU DO (threaten) MAKE SURE YOU DO YOUR HOMEWORK. The same laws which protect the consumers ALSO protect the collection agencies from bad suits
Re: CA won't agree to delete on whoops. My bad. I've been reading and reading, but I guess I haven't learned enough yet to be much help. So is there an idea of how this debtor can get some leverage and go ahead and sue? Any slick ideas? G.H.
Re: CA won't agree to delete on No problem Well, it seems to me, a "paid in full" on an account is a GOOD thing for a credit report. If the collection agency had previously agreed to a "paid in full" entry, work that angle. See if the same person who offered the "paid in full" is still there. If they are, be nice, and ask if they will put it in writing, and offer to send a "sample letter" for the "negotiated disposition." BUT write the letter stating the colleciton agency will "agree to change the negative colletion status of "the debt" to a positive "paid in full" on your consumer credit report." If you read carefully, the letter is making the collection agency change the "collection account" to a "paid in full account". You can try a few versions of similar wording, but you get the idea. If you let them "think" they are doing what THEY want, it works better for you.
how much do you owe them? you do know that you could stop paying them for awhile and it wont hurt your scores, don't you? while you're paying them, they have little incentive to bargain w you. if you suddenly stop paying because you 'cant' (for whatever reason you feel like giving them--or give them no reason at all--none of their business) in a few months they may be more likely to strike a deal. after you've stopped paying for awhile, and they start getting desperate, tell them you went thru your records, and things just don't add up. no need to give any more detail than that. you can tell them this over the phone, but then also tell them this will be the last phone call. write them and tell them you now dispute the validity of the debt, and tell them you'd like to keep everything in writing--no more phone calls. they'll surely ask you to send them copies of your 'records' so they can figure out what the discrepancy is. that is when you let them know that YOU KNOW that it is THEY who must prove TO YOU that they are legally entitled to collect on this debt. do not send them anything. keep the tone of all your letters pleasant. hopefully, they will send a few letters "attempting to collect a debt" and these will be your first violations on them. this is because after you request validation (the letter you write that says 'hmm...this isnt quite right...i dispute the validity of this debt') the law says they are not to perform any further collection activity until they validate. (you probably already knew that.) after you go back and forth for awhile with letters, you'll get a feel for how easily they will come around. they still may not budge, but its worth a try if you arent in too much of a hurry to get this off your reports. make sure you're disputing with CRAs during this validation period. who knows, the wordage in their letters may be enough to get you the deletion you want. some CAs have been honest (dumb?) enough to write back and say "we were unable to retrieve records from the OC regarding this account". that's like gold in your hands. if, after a little while, you think they may be willing to make a deal, and depending on how many FCRA & FDCPA violations they have, there are two ways you can go: 1. write them and tell them that even tho they havent provided validation, and/or have violated the FCRA/FDCPA, you are willing to settle the account for $XX in exchange for deletion. or, 2. ITS them & say that you've researched the laws, and you've discovered that they have violated your rights so much so, that you are now able to recover statutory damages. then, you can either a) wait and see what they say, or b) send a settlement offer with your ITS, stating that you wont sue if they just purge the account from their database, and agree to NOT pass it along to another CA, and to delete it from your credit reports. ------ separate from all that, you could go ahead and pay them off, and send a dispute a few months later claiming 'inaccurate reporting' in hopes that they pull your credit reports. then you could get deletion in exchange for not suing them for a non pp pull. wow. i didnt mean for this post to get so long...lol... good luck.
