Have a quick question..... Did some wrestling with a past insurance employer who sent me to a CA before I found this site. I negotiated a paid for deletion over the phone (I know, I know) BUT got it in writing and mailed to me However, I have questions since I just did enough research to make myself paranoid: 1. Is this letter from them worded right for easy removal or did I just unwitting screw myself? "I am writing you in repsonse to our conversation, regarding the above referenced matter. As authorized agent for ****, we have been empowered to accept **** as full and final payment of the above referenced debt. Upon receipt and clearing of said payment, **** and (them-CA) will forever release and discharge (me) and all officers, investors and principals from any and all liability with relation to the above referenced debt. We agree to remove any derogatory marks from (my) credit profile regarding account #**** pending clearance of said funds. However, the offer is contingent upon and will be rescinded if said payment is not received in my office before or on blah blah blah". 2. We went 2 rounds with this one since I toed the deadline on paying them and gave him my CC on the last day it was due. He messed up and did not get my last 3 digits on the card and called me up 2 days after the deadline date and tried to get the numbers as he could not run the card without them to verify over the phone. I told him I wanted a new letter with a new deadline (I have no idea why I thought I had to have a deadline date) and we sent one. I called to make sure eveything went through and was told it had been sent to accounting. I know it was again run after our agreed date, about 4 days after. Do you think this this lag time on them running the card for my payment will be an issue? 3. And lastly, IF this IS a good letter and will do the job, do I dispute the CRA with or without it? And do I bother to validate with the CA? If that made no sense at all, forgive me I am a bleary night owl tonight for some reason!
I am not an expert on this, but the letter seems fine to use for deletion. I will have to say that when I have used letters to verify to a CRA in the past, they seem to put the change temporarily, then they revert it a few months later, unless, of course, the CA reports the deletion directly. Good luck!
The CA has agreed to perform the deletion. It is their responsibility to see that it is done. If they fail to do that, you could go after them for breach of contract, whose existance is documented both by their letter and your payment in response to it. I doubt if their receipt of, or processing of, payment a day or 2 later than in their letter would let them off the hook for their side of the agreement. You acted in good faith, even including assisting them in receiving payment when they made a clerical error. They could not expect that to be to their advantage against you, and get out of their obligation. In other words, your payment, and their acceptance of it, is evidence that the agreement was in effect. If they had wanted to make a new offer on different terms, not including deletion, they could have rejected your payment, and they had ample opportunity to do so. They would be foolish to claim otherwise with nothing in writing showing your agreement to any other terms. (I am not a lawyer.)
dispute without the letter. 99.9% of the time the CRAs will not remove something if you give them proof that the TL was legitimate, and it was yours, no matter what the letter says about deletion. just dispute it as 'not mine'. I'm struggling with one of those right now. I made the mistake of sending a copy of the letter from the CA that said they'd delete. I've tried everything. I can't sue for breach of contract, because there WAS no concract in my case. I paid it in full before i knew any better. I've just about given up on it acutally. and about validating...i dont see the point now that its paid.
if you have a deletion letter signed from the CA and you send it to the CRA by CMRRR they must delete the acct. the CRA may say they are unable to use that documentation but if they refuse it they are still required to contact the CA to verify that the acct should be deleted. they can not continue to report inaccurate information. if the CA says delete for whatever reason the CRA is obligated to comply. if the CRA refuses file a complaint with the BBB or file suit under the FCRA.
my statement below was something I personally did after recieving legal advise, I am not a lawyer and each state may have different laws so please confirm that this A&S agreement is legal in your state before proceeding. if a Ca refuses to send you a letter of deletion prior to paying the acct but they verbally agree to delete it. back it up with an A&S to protect yourself. 1) write a letter and enclose it with your payment saying per our verbal agreement on _______ date I am enclosing a money order in the amount of _______ as agreed please update your records to reflect that this account is paid in full and will be deleted from all my CR. then on the back of the money order write something to the effect of cashing this instrument constitues _____ agency's agreement that this acct # with OC name is paid in full and will be deleted from all my CR. now if the Ca cashes it they agree to those terms and a breach of contract would occur, if they fail to delete the acct, however if the Ca refuses payment they can not legally collect the account for refusing the payment I am told.
Thanks for your answers Ati, ontrack, mom and fun! I'll keep you posted on what happens. I guess I will dispute it first, then if I get resistance from anyone I'll whack someone over the head with the letter
