?re;deletion exchange for payment

Discussion in 'Credit Talk' started by bfllover, Aug 13, 2001.

  1. bfllover

    bfllover Well-Known Member

    To Ca.It stands to reason that a Ca would be more likely to delete from cras when paid for large payments.I am waiting on a response from them re a under $200 medical collection.Has aanyone gotten deletions in exchange for paying small ones.?
  2. Lionel

    Lionel Well-Known Member

    I had zero luck negotiating with Orchard/Household on an old debt they bought from 1995. They were adamant about not unrating the entry.

    Turns out they had to delete it anyway because they didn't have the original proof on file.
  3. akg

    akg Well-Known Member


    What type of correspondence did you use to ask Household/Orchard to validate the debt?

  4. metallicat

    metallicat Well-Known Member


    can you expand on that? i'm dealing with a similar situation..did you file a fraud application w/ the original creditor or did you send a validation notice to a collections company?
  5. Lionel

    Lionel Well-Known Member

    I'm not sure I understand the question, but I sent them an ordinary letter asking for copies of the the application and some statements from 1992-1993 (I thought that's when the original missed payments leading to the charge-off occured), in order to prove the date of the debt

    They sent a letter back saying they had a fee of $3 per statement which were in a storage archive. I sent them a check for $18, and 45 days later, still no statements. I asked them to delete the tradeline since they couldn't prove the correct dates (I never claimed it wasn't my debt), and they basically said no go, but they did return my check. So after letters to the Oregon and Cali Atty Generals, and the FTC, the OAG sent them a letter letting them know they received a formal complaint, and ten days later I got a call from Household saying that they were deleing the line, which they did.
  6. Lionel

    Lionel Well-Known Member

    Sorry Metallicat, I didn't see your post at first...

    The original debt was with American Pacific State Bank, and Household bought most of their lines of biz a while ago. All my dealings were with Household. Come to think of it, they only made two half-@$$ed attempts to collect the debt a few years ago by offering a new card which would have assumed the old debt (trap!) The disputed debt I had was $1020.

    Their loss, because last August I tried to settle in return for unrating the tradeline, but they refused four times.
  7. metallicat

    metallicat Well-Known Member

    Would you have a copy of the letter(s) you sent by chance?
  8. Lionel

    Lionel Well-Known Member

    I don't have the first letter to Household/Orchard, because it was so generic. Basically It said yuo are in violation of my rights, please send me copies of statements, blah blah blah.

    But here is a copy of the AG/FTC letter:


    I would like to file a formal complaint against the following company:

    Household Credit Services
    Recovery Dept

    I have been trying to resolve a dispute for some time now, and as a necessary part of reaching a conclusion, I have requested statements on my closed account from August 1993 - January 1994 from XXXX at Household. My request, and payment, was sent on May 23, 2001. As of July 7, I have not received the statements for account #XXXXXX.

    I have spoken with various reps in the past few weeks that have told me they were looking into it, they are working on it, etc. In my opinion, six weeks is more than sufficient time to dig microfiche out of archives, especially when businesses use filing systems knowing full well they will occasionally receive requests for older materials.

    One of the main problems is that of the three messages I have left for Ms. XXXXX, whom I consider my key contact for this issue, neither she, nor anyone else, has seen fit to call me back.

    Household has violated my rights under the Fair Credit Reporting Act, mainly as it pertains to Section 623(b)(1)(A), (B) and (D). As you can see from copies of the enclosed letters, Household was informed on May 1 of my initial dispute, in which I believe the dates they have been reporting are wrong); and then received my payment for their statements after May 23. The May 1 letter was verified by usps.com as being received on May 3.

    Their investigation has taken more than twice the time allotted under the FCRA Sec 623(b)(2), and they have not even sent me written notice that there are reasonable grounds for the delay. ("We haven't gotten them yet" certainly does not qualify). On that basis, all I am requesting is that all American Pacific information on my three credit reports be removed by Household immediately, and not reinserted. Otherwise I am well within my rights to take legal action against them for their FCRA violations, among other things.

    If there is anything I can do to help, or if you need more information, please contact me via phone or fax, both of which are 818-XXX-XXXX.

    Thank you in advance for your time and attention.
  9. Lionel

    Lionel Well-Known Member

    ...and here is the send lett I sent to the OAG, without cc'ing Household


    Thank you for sending me some information in regards to a copy of a complaint I recently sent you. At this time, though, I would like to follow up on that complaint against:

    Household Credit Services

    During the week of July 16, 2001, I received a letter from XXXX saying that Orchard cannot find the statements and application I requested. She instead enclosed statements from May 1994 and August 1994. These statements do not address the issue I was trying to prove.

    It is my contention that my delinquency on the account started much earlier than they reported to the Credit Reporting Agencies. I ordered the statements from August 1993, as well as the original application, and they admittedly cannot provide them.

    I ask that you direct them to remove their erroneous information from my credit reports immediately, for a variety of reasons:

    1. As I mentioned in my previous letter, Household was in violation of the FCRA with the amount of time they took to respond to my request.

    2. They do not have the full and complete documents on file to properly investigate and validate the accuracy of the delinquency.

    3. Ms. XXXX's letter stating they can't find the statements was backdated to June 12 for some reason. Even when I spoke to reps on June 18 and July 3, they informed me that Ms. XXX was still working on the problem, so I know the letter was not prepared on June 12. Because I chose to assume this was an innocent typo, and not fraudulent manipulation, I called Ms. XXXX on Thursday, July 19 and left a voice message informing her that the incorrect date was on the letter. I also faxed the information to her twice, requesting that she fax to me a correction, and as usual, I have not heard back from her by phone or fax. My guess is that letter was sent after they received a copy of my original official complaint, which was faxed and mailed on July 7 (USPS confirmation #XXXXX) and received on July 11.

    I notified the FTC of my complaint as well for their records. I would appreciate it if you could start an investigation into this matter. A satisfactory solution would be for them to delete the tradeline in question in its entirety, or at the very least unrate it. Orchard has shown their substandard business practices to the fullest in this matter, and I'm sure I'm not the only one who has had problems with them.

    If there is anything I can do to help, or if you need more information, please contact me via phone or fax, both of which are 818-XXX-XXXX.

    Thank you in advance for your time and attention.
  10. Imhosed

    Imhosed Well-Known Member

    I have had ca agree to delete after i pay a medical bill of $75. I requested they put it in writing and they did.
  11. godaddyo

    godaddyo Well-Known Member

    It just depends on how desperate they are. Most smaller debts are out of the question.

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