Hey guys! I'm new here but I have been lurking for a while. My credit score was a 730 until I got stuck in medical collections and it brought me down to around a 640. I've been bringing it up slowly but now that we have a.baby on the way I'd really like to get rid of this negative mark and be left alone. After a failed offer to pay for delete, the CA did at least offer to accept a settlement. I took the opportunity to accept the settlement with the debt collector's signature agreeing to an NDA. I received my NDA in the mail today with the signature but he also added "with the credit bureaus updated to settled in full." My question is, does the NDA still stand with his signature? Should I go through with this, send payment, and dispute the debt after it updates to settled in full? Thanks y'all. Sorry if this is worded awkwardly, I'm still learning.
A contract is only a contract if it's accepted by both parties as written. Did you sign the NDA before sending it to the CA? If so, I would say that their writing in the "with the credit bureaus updated to settled in full." is altering the entirety of the agreement, which I would argue is their acceptance of the payment in bad faith, and engaging in fraud. NDA means just that, they are no longer allowed to DISCLOSE the account information to anyone, including a credit bureau.
Well, if it was me. a) check to see whether it was updated (as opposed to deleted). b) if it was updated, dispute it as reporting incorrect status (however it's reporting as "settled in full"). c) when they verify, I have them violating the NDA. d) I would file an FDCPA suit, additionally citing breach of contract, and fraud. The FDCPA would be the catchall 15 USC 1692f (unfair practices), and 15 USC 1692e(10) ("The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.") I would seek the $1,000 statutory minimum under the FDCPA, and the refunding of the payment amount in full as actual damages for the breach of contract and fraud counts. Again, this is simply how I would handle it, I am not an attorney, don't play one on TV, and am not providing legal advice.
