Collection Agency Advice

Discussion in 'Credit Talk' started by heather, Jul 24, 2001.

  1. heather

    heather Well-Known Member

    Okay, long story, will make this short. Had an item last summer turn to collections. Started to receive a letter every couple of weeks from the ca stating, you have ten days to contact us before this item is added to your credit report. I continued to receive these letters, and in May, after I got another, I called them. They said that this had just been put on my reports in May, a lie, they were reported since August and the cb's show this. I asked the lady several times if that was her story and if she was sticking to it, she said yes. I am doing a payment plan with them $50 every two weeks. I owe the debt and will pay it. I have all the letters they sent where they lied about putting this on my report and the dates that I spoke with the ca. I filed a complaint with the FTC saying that it was all a lie.

    My question is this, they blatantly lied in all of their letters to me, and lied on the phone about when this was reported. Is there anything that I can do about this? They refused to delete the negative items, so I am just paying them to get it done and over with. Any suggestions, or can they lie at will with no repercussions? Thanks.
  2. DaveLV

    DaveLV Well-Known Member

    I just paid a collection agency yesterday in exchange for deletion. They wanted me to pay by check but I finally got them to agree to take payment by credit card. I have their written promise to delete upon payment, and if they do not since I paid by credit card I can at least try to do a chargeback.

    I called and wrote this agency many times asking them to delete and they always refused. I finally wrote them one last letter telling them that since the SOL had past and the darned thing was only going to be on my report for another two years anyway that they had one last chance of collecting anything at all.

    It started out as an old $325 collection from a dentist. After Lexington disputed it, they updated the entry and added about $200 interest. Because the balance increased and the last reported date was five years more recent, my Equifax score went from 650 to 611! I told them they could have $325 and do the deletion or nothing at all.

    On Friday I got a letter from them promising deletion if I paid $325. When I insisted on using a credit card they charged me 10% more saying it was the commission they had to pay on credit card transactions. I told them they should get a new merchant agreement but he said that all collection agencies have to pay this high rate. I didn't really mind paying the extra (true or untrue as the transaction fee may be) for the security of knowing I can dispute the transaction with my credit card company if I have to.

    Now I'll see if they actually delete.

    So my advice is to keep at them. If you are paying they really have no incentive to work with you.
  3. heather

    heather Well-Known Member

    So, should I call and cancel the automatic bank draft? I am scared of being sued, it will only be worse if they do. It is a bank charge-off for overdrawn accounts. The lady I spoke with was very emphatic about deletion, no way, no how. She said to have it deleted would be lying, as if they have any morals after the letters they sent. I need to know what I can do about this, if anything, I can't really stop paying as the bank would probably get really nasty with me.
  4. DaveLV

    DaveLV Well-Known Member

    What is the balance on this account? You've likely reset the SOL if you've made any payments. If there is a substantial balance, they could very well sue you.

    If you really think they will then you may have no other option than to keep paying, live with the negative tradeline and hope to dispute it off later.
  5. keltexx

    keltexx Well-Known Member

    I would also reallllllllly hesitate to give them my checking/savings account information, and authorize any transactions.
  6. heather

    heather Well-Known Member

    The SOL is not a problem, less than a year into it, so this really has got to be paid. I believe I have paid them $150 so far, I believe the original amount was close to $500.

    Can I not do anything since the letters say one thing, yet they did something else? I owe the debt and intend to pay it.
  7. DaveLV

    DaveLV Well-Known Member

    You could try to sue. As long as you did it in small claims you wouldn't be out too much money even if you loose. To take it any further would probably cost you more than the debt.

    It looks like you're stuck. If I were you I'd keep writing and calling asking them to delete when you're done paying. If you make a big enough hassle for them maybe you'll find someone willing to help you.

    Can you get the name, address and phone number for someone in charge?
  8. tltrader

    tltrader Active Member


    The lady who said that deleting the negative information would be lying is lying so she should have no problem lying again. The CA isn't legally obligated to put anything into your credit to begin with so I doubt that there is any legal reason that they can't remove something that they put there.

    I doubt that you have any recourse regarding their earlier letters since you never entered into a agreement with them that stipulated that they wouldn't report if you made payments. If the info thay are reporting is accurate then your stuck. I would try one more time for payment in exchange for deletion. Tell them you know they can delete, that you've done it before, and that it's the only way you'll pay anything.

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