Can a CA ignore an agreement

Discussion in 'Credit Talk' started by zerodown, Oct 8, 2002.

  1. zerodown

    zerodown Well-Known Member

    by claiming something like:

    'Mr. Sleaze Bag inadvertantly exceeded his authority by promising to remove our agency's collection item from your credit report. Therefore, there was never any contract between ScrewU Corp. and yourself. However, we greatly appreciate your payment and as required by law will have your credit history updated to show this collection was paid. Have a nice 7 years.'
     
  2. gib

    gib Well-Known Member

    Do you have the agreement in writing? And is this a written reply?

    Gib
     
  3. enigma

    enigma Well-Known Member

    If you have this in writing, send them a nice little note to the effect that an employee wrote such and such and you are bound to honor it. If not I'll see you in court.
     
  4. Marie

    Marie Well-Known Member

    the ca admits in the letter that they'll remove. lucky you. send them a demand letter for the breach of contract. if they don't comply... sue them.
     
  5. mark

    mark Well-Known Member

    sue them, dont let them get away with it.
    check out the state and look at the statues on written contracts and such.
    i think all a contract has to be is something signed by them..could be on a napkin for all it matters, it would still be a binding contract.
    someone please comment if this is not correct.
     
  6. sassyinaz

    sassyinaz Well-Known Member

    zero,

    It's late and I'm really tired so I have nothing to offer tonight other than this is sooooo wrong!

    Do you have anything in writing from them by chance?

    Bumping for the alert c-netters.

    Sassy
     
  7. Butch

    Butch Well-Known Member

    Dear Zero,

    You have a great case. First, you have all the necessary ingredients for an Estoppel. They are:

    1) They made a promise to you
    2) You acted in good faith based upon that promise
    3) As a result of their breach of the agreement you are now being harmed.

    This is called Detrimental Reliance.

    You relied upon their verbal agreement to do A if you do B.. So you did B. and it has turned out to be to your detriment because they will not follow through.

    Moreover, their letter, as pointed out by Marie, ADMITS that you were told they would delete/not report.

    Some form of Bill Bauers Estoppel letter should be your best bet. I'll see if I can find it and post it here, (unless someone can beat me to it) lol

    BTW - If you're not recording your calls, tomorrow would be a great time to start.

    :)
     
  8. sassyinaz

    sassyinaz Well-Known Member

    fave butch growling dude,

    I've Bill's estoppel, I'm curious though to hear from zero.

    Zero says, "something like" so I'm not sure if that is a summary, a phone call, a letter, a psychic reading or what?

    Sassy
     
  9. Butch

    Butch Well-Known Member

    Aha,

    Good catch.

    That's important.

    YOU MEAN I MAY HAVE TYPED ALL THAT FOR NUTHIN?

    LOL
     
  10. sassyinaz

    sassyinaz Well-Known Member

    LOL, of course not.

    Sassy
     

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