I have a Verizon account that is showing as a chargeoff/collection. The last payment I made (which should have paid the account in full) was in 2001. On TU, it lists this information: Date of Status: 2/2004 Last payment date: Not on record Recent payment history: 2/2004: Charge off/collection/bk 90+ days late 2/2004 On EXP, it lists this information: Date open: Not on record Date of last activity: Not on record Date paid out: Not on record Date closed: 1/2004 My question is this: If this thing originally went to collections back in 2001, is having all of these 2004 dates a violation? It's making it look as though I JUST closed the account and JUST went behind, which, of course, really hoses my FICO. I've tried negotiating with Verizon to pay for deletion. They promise the sun and the moon over the phone, nothing in writing. I'm tempted to pay anyway, figuring if they don't delete, I'm only out $133, and if they do, YAY. But, if I can force them to take it off because of these screwy dates, so much the better. Thanks.
Hi Mire. Don't lose your resolve. If you adopt the litigious mindset you don't settle anything without removal. And you don't lose hope, even for a minute. There's always a way. A CA is required to report (within 90 days) the date of the original delinquency, as per § 623 (a) (5). Looks to me like they didn't do that. But this would be a tough one to prove. What have they said when you ask them to put it in writing? .
It's not a CA, actually, so I know that changes things somewhat. Verizon still lists the debt themselves, so I think when they talk about it being a collection account, it's their internal collection department. When this first showed up on my CR, the dates were correct (2001). Unfortunately, the only printed CR I have that shows those dates is Equifax, and this thing magically disappeared from Equifax a few months ago. I haven't tried anything in writing yet. My first contact with them was by phone (I know, I know...) to try to pay it and make it go away. When they offered deletion for payment but wouldn't put it in writing, I found you guys, who quickly burst my bubble and pointed out that they were LYING! The thing is, I am reticent to try the validate/dispute route because I know this debt is mine, I just don't agree that there was a balance due. Since I can't prove that, I am willing to pay, but only if they will delete. Otherwise, what's the point?
Ok here's what I'd do; Talk to the same lady again and tell her "there's an agreement in your fax tray". As soon as you sign and fax that back to me I'll call you back with a CC number. Here's your agreement. FOR SETTLEMENT PURPOSES ONLY! <date> Final Agreement Between <Mireland> and <adversary> Regarding Account Number: 123456789 For: <acct # XXXXXXXX> The following is a binding agreement between <Mired> of <address> and <you guys>. This agreement is an offer to amicably settle the above account. It is not to be construed as an acknowledgment of liability for this debt in any form, nor will settlement have any affect on the Statute Of Limitations, SOL. Contingent upon the receipt of the amount of <$$$$$> this account is considered paid in full and the matter permanently closed. a) You still have this account and have not sold it to a third party. b) That the account is "paid in full" "as agreed". c) That you will (within 5 days) delete all derogatory items with all credit reporting agencies, and copy me on the Universal Data Form, (UDF). d) That you will withdraw the account from all third party collection representatives, (if applicable). Notice: This is a restricted settlement offer only to avoid costly and time consuming litigation. Moreover, an electronically transmitted reproduction of this agreement, regardless of the means, shall be considered as valid as an original. And that you are authorized to enter into an agreement on behalf of your [alleged] original creditor. Authorized Signature: _____________________Date:____________ Printed Name : _______________________Title : _____________
Well change your agreement around a little. Make it as EEAASSYY as possible Mired. Present it like "all ya gotta do is authorize my agreement and fax it back". And I'll give ya the money. I might remind her that "it's just to avoid any confusion about what we've already agreed to". .
Butch, I LOVE YOU. Had I not just given birth two months ago, I would offer to bear your children. I used your handy-dandy agreement with Verizon. On the phone, the guy once again agreed to deletion for payment. He offered to send me a paid in full letter and a copy of the letter they send to the CRAs. I said, great, can I just fax you something to that effect? <Picture me holding my breath here, waiting for him to refuse...> SURE, he says. So I faxed it, and he just sent it back signed!!! <Dancing a VERY happy dance!!> He even noted at the bottom that they report electronically on the first of the month, so they can't cc: me on the UDF (don't use them), BUT that he will still send the promised letters. THANK YOU! I never would have had the gumption to call again and make it so easy for them, if you hadn't suggested it and given me a great, simple agreement letter. Now I just have to bide my time until March 1st to make sure it really goes away...
Butch (or anyone else)....HELP!!! I have been not-so-patiently checking PrivacyGuard every day to see when Verizon deleted this item as promised...today, I see that they have reported for March 2004, and IT'S STILL THERE!!!! AND STILL AS A COLLECTION!!! AND SHOWING UNPAID!!!! I know I need to send the guy who signed the contract a letter demanding that he honor it, but what can/should I threaten in said letter? I was SOO excited to have this come off so I could start moving some cc balances around before my 0% with MBNA expires (or worse, gets jacked!). Now, I am stuck for another month. Please advise...thanks very much in advance.
Hi Mire, Now that's what I call a testimonial. giggle. It often does take time for a correction to work it's way through the system. However, if he did do what he promised it should have come off. Monday, try calling the guy and reminding him, just to see what he says. Be nice. Bat your eyelashes over the phone. If he says he did it, ask if "Would you be so kind as to fax me a copy of the UDF"? If he can do that you can take care of the rest. Keep makin it easy for them. .
Anyone (but especially Butch, who got me into this process)....HELP! I checked my credit reports again this week through PG, and lo and behold, my Verizon account is now showing as a PAID COLLECTION! So, following Butch's "Make it easy for them" advice, I picked up the phone, started out with the, "Could you please help me, I'm sure there must be some mistake..." tact, and was told that they would not be deleting. My response, of course, is that I have a signed agreement from their representative. Theirs? That he was not authorized to enter into any such agreement, therefore, they are not required to honor it. Now what? Is that a valid argument? If he wasn't authorized to sign something, do I even have a leg to stand on? Thanks (AGAIN) in advance for any help anyone can provide!
Their representative represented that he was authorized to sign such an agreement. He did in fact sign it, and you did in fact pay based on his representation. Both the signed agreement and your payment (consideration) document that there was an offer, an acceptance, resulting in an agreement or contract, and what the terms were. The company benefitted from this agreement, made by their representative in their name, by your payment to them. Equity argues that they should have to perform as agreed. It is their responsibility to make sure that their agents know and act in conformance with their authority. You may have recourse both against the company for breach of contract, and against the agent. The company may also have recourse against the agent. Entirely separate from FDCPA or FCRA issues of attempting to collect a debt thru misrepresentations. It is common practice for companies to delegate decisions involving this level of money to low level representatives, and they could not function if they did not. Did their representative notify you that they did NOT have the authority to sign the agreement with you? Not all agreements binding on the company require that their board of directors approve it. What do they want to do: Void the agreement and give you your money back? I am not an attorney. I am of the opinion that the world would be better if people do what they agree to.
Actually, the last line of the agreement (provided graciously by Butch) states "...and that you are authorized to enter into an agreement on behalf of Verizon Wireless." So, not only did he NOT tell me he WASN'T authorized, he signed the agreement saying he was. But, I am worried that they can get into some circular argument that since he wasn't authorized to sign anything, then anything he signed certifying that he WAS authorized to sign something isn't valid. The old, "I'm not lying" argument. If they won't budge, I will sue, but I have no clue about how to start this process...anyone who's been through it before? HELP?
You might just talk to a consumer attorney. You might have enough that either they will cave with just a letter from an attorney to show you mean business, since they have nothing to gain and much more to lose, or an attorney might be interested in proceeding, based on how weak their position is. They might find it difficult to both claim their employee is not personally liable to you, yet they are not bound by the employee's actions, and that they have not violated FDCPA by their employee's misrepresentation in order to collect on a debt, which is documented by your faxed agreement with his signature.
Companies ARE liable for the illegal actions of their employees in furtherance of their interests, authorized or not. Since all actions of a company are ultimately done by their employees, if this were not so, no company could be liable for anything.
