Paid Collection - Can I Delete it?

Help!

It's me again. I noticed numerous typo's in my last post, and since it was rather long, I fear it might just get skipped over. Here's a condensed version:

I disputed some tuition charges with Sylvan back in Jan 1998, for charges in Dec 1997. By the time the haggling back and forth ended, it was late Jan 1998/early Feb 1998. I could have probably won in small claims court, but just agreed with Sylvan that I owed them 1 month's fee of $250.

Before I sent them any payment, I received a Collection letter from a Collection Agency (CA). I called Sylvan and inquired, as I was quite surprised. They agreed that I could send half now and half in a few weeks, as I explained that I was buying a house and funds were tight. They said don't worry about the CA letter, they would handle it and call them off.

I sent $125 sometime middle/late Feb 1998. I got busy/sidetracked with Closing/Moving, etc ... that I did not pay last $125 until late March. Much later - when I checked with Sylvan, they recorded that last payment on April 2, 1998.

I never received any other letter/phone calls from said CA. I applied for and was denied a Home Depot credit card in August 1998. When I pulled my report, there was a Collection outstanding for $125 from the CA, on behalf of Sylvan.

Now, I feel totally betrayed and screwed. I have no problem using any means to get this item deleted, as this has haunted, harmed, damaged, and defamed me for years - every since 1998.

Can/should I sue Sylvan for breaking a verbal agreement.

Was Sylvan wrong for reporting this SO quickly to a CA?

Can/should I sue the CA for reporting this to the CRA's?

Should the CA have checked with Sylvan to see if account was ever paid before reporting this?

CA is reported to CRA that they received the Account from Sylvan on Feb 1998, and that Sylvan reported last activity being November 1997.

(Remember, I paid tuition up through November, but not December. Even though Sylvan was closed last half of Dec for Xmas, they still wanted payment, and they didn't count that 2 weeks as a 2 week notice, they wanted an extra 2 weeks notice during "normal operating hours" ... hence, this is why they claimed I owed another month, and why I disputed at first.)

So, Sylvan gets $125 in Feb 1998, and then April 2, 1998, but I didn't find out about this being reported to the Credit Bureaus until August or Sept 1998. I was able to get CA to call Sylvan and Sylvan verified it was paid in full as of April 2, 1998, but since the CA didn't "find this out" till about Oct 1998, they are reporting this as their Date of Last Activity.

This all seems VERY WRONG to me and I feel I getting screwed.

I've made several attempts over the years to clear this up. The credit manager I originally made this verbal agreement with is no longer there, and the CA tells me that once it got reported to them, they had/have every right to report it to the CRA and that they can't delete it.

I told them that even they admit/confirm with Sylvan that this was paid in April 1998, but then they gave me a line about "their policy states that since 40 days expired between the time they got the account from Sylvan and the time they show it paid, they have to report it."

Mind you, from Feb 19, 1998 when they got the account from Sylvan and April 2, 1998 is like 42 or 43 days I think.

Why 40 days and not 45 days? Seems like they just made up 40 days so that this would "fall outside their time limits"

Any/All help would be greatly appreciated.

Thanks!

FedUp2003

 

Thanks for the Reply!

The problem is this, the money/debt has already been paid!, way back in April of 1998.

Sylvan forgot to report to the CA that they had been paid, this is why I wonder if I should sue Sylvan.

Sylvan agreed to accept 2 payments from me for a Dev 1997 tuition fee, and by Feb 1998 they reported me to a CA, I contacted Sylvan and remonded them they said they would let me pay them in 2 payments.

Sylvan said, "Oh yeah, we remember, and we will call off the CA people."

But ... they never did, and Sylvan got their 2nd payment from me and per their records show the account Paid in Full as of April 2n, 1998 ... and I never knew this part ... but they never called off the CA people ... and the CA reported that I never paid this off ... that last $125 ....

I found out in Aug/Sept of 1998 when I got denied a Home Depot credit card ... cause of this Collection on me ...

Yet .... it should have never been reported cause I actually PAID Sylvan.

Now, the CA ignores what I say, and even though the CA called Sylvan and was told by Sylvan that they got PAID by me, the CA turns around and tells me that since Sylvan orignially gave them the account around 19 Feb 1998 and Sylvan shows they received the past payment on April 2, 1998, that it went beyond the CA's "40 day time limit" and so they still have to report it to the CRA's.

I feel I should be able to sue Sylvan for reporting me in the first place even though the bill with with them was only 2 MONTHS old, and then again for verbally telling me they would accept 2 payments from me and they would call off the CA - but then never did ...

And ... maybe for them not calling the CA to tell them they DID indeed receive payment from me ...

And then also sue the CA for not checking with Sylvan to see if I paid them before reporting me to the CRA ..

and for not even validating this... etc ...and for saying they have some 40 day deadline.

Seems to me most deadlines would be 30, 60, 90 days, or 30, 45, 60 ... but why 40 days? Just because it was 42 days between the time Sylvan gave them the account and the day Sylvan shows they were paid in Full ?????

FedUp2003

 

I've read all the threads on Validation letters, LN letters, etc ... but none of them seem to address specifically my problem, that's why I posted in the first place. I probably read this board for about a wek before I ever first posted.

The Validation letters and LN letters all seem to apply when there is still a debt/money owed and someone just wants to make it go away, or make the CA refer the account back to the OC, or wants to make the CA stop harrassing the individual.

I have specific questions, that I hope someone here could help with.

Do I have a case for the OC sending this to a CA when it was only 45-60 days late?

What about the OC make a verbal agreement with me about accepting payment and calling off the CA, but then never did?

What about the OC never telling the CA that they had indeed received payment from me?

What about this was Paid in full in April 98, but the CA shows DOLA as Oct 98?

The CA never collected on this account, as it was already paid to the OC, so....

... should that therefore mean they are NOT allowed to report this tothe CRA's ???

Should that be my angle?

FedUp2003

P.S.

I only posted several times because afterwards I thought my first 2 posts may have been too long-winded and confusing, esp. since the replies really didn't match the questions.

Thought if I broke it down into several smaller, specific pieces, I'd get better and more targeted answers.

Sorry, didn't realinze there was a minimum number of posts one sould submit.

 

I'll limit my replies/posts regrading this issue from this point forward to this thread:

http://consumers.creditnet.com/stra...ad.php?s=&goto=newpost&threadid=48881&pgnum=1