settlement not honored

Discussion in 'Credit Talk' started by mich32576, Jul 8, 2003.

  1. mich32576

    mich32576 Active Member

    Hi, can anyone help
    I recently paid Macy's after receiving a letter in writing that they would delete the trade-line upon receipt of payment. I paid the account with a restrictive endorsement, signed copies of the letter, and used a cashiers check to pay.
    I checked my credit report and it was updated to a paid charge off not a delete.
    What should I do now!
    Thank you
     
  2. kbean

    kbean Well-Known Member

    wow, that is balls...


    i am interested in this...
    since you always hear about it being illegal to change anything on the credit report (ca response to negotiation)

    so basically... bump....
     
  3. mich32576

    mich32576 Active Member

    Hi, this was with an OC, and the same letter sent to me was also sent to the BBB of KS, so, I don't understand why this did not get removed
     
  4. chuckd

    chuckd Active Member

    Draft a letter demanding deletion, enclose a copy of the letter they sent to your promising deletion for payment and a copy of the cancelled check with the restrictive endorsement. Send it to them... they should honor it. If they don't, I have a contact at Macy's that might be able to help you out. She does collections, but she's worked there for years and years and years so she has some connections.
     
  5. mich32576

    mich32576 Active Member

    Thank you for your information, I appreciate the offer for help. I do not have the cancled check because because I used a cashiers check for my bank not a personal check
     
  6. betacredit

    betacredit Well-Known Member

    Hey Chuckd

    Do you have a contact for Burdines? Or can your Macy's contact work with Burdines accounts? If so, let me know. You can also email me if you want to.
     
  7. chuckd

    chuckd Active Member

    Re: Re: settlement not honored

    Ugh... I feel like putting my foot in my mouth... oops I already did... my contact works for *MAY* company (they handle Filenes, Lord&Taylor, etc)... not Macy's. Geez I feel like a moron. I apologize.
     
  8. delilah131

    delilah131 Well-Known Member

    Re: Re: settlement not honored

    I am having a similar problem with an OC.

    I sent a letter, copied to the state attorney general's office that quotes the state business code that states that restrictive endorsements HAVE to be honored if cashed (not for all states ... check yours).

    I should know within two weeks if that letter to the AG carries any additional punch! I'll let you know what they say.

    peace,
    delilah
     
  9. Flyingifr

    Flyingifr Well-Known Member

    The requisite elements of a valid, enforceable contract consist of:

    An Offer (I will pay you in return for you deleting the TL)

    An Acceptance (They agreed in writing)

    Transfer of something of value (you paid them)

    Macy's is in Breach of Contract. File suit against them immediately for Breach of Contract. Include in your damages emotional distress, marital discord, loss of consortium, sexual dysfunction and whatever else you can think of.

    I think damages of $100,000 plus treble punitive damages are in order.
     
  10. mark

    mark Well-Known Member

    in some states they can write 'do not agree' or something to that affect on your check and cash it anyway. Just fyi. (search for restrictive endorsement or accord & satisfaction on the internet)

    I had a CA who did something similar to me..after they didnt honor the agreement which I got in writing and sent payment via a check..they became non-responsive.

    after sending a few 'im going to sue your a$$es ala Butch" faxes to their registered agent, I finally recieved the UDF forms, along with my cash back and a few extra dollars as a settlement.

    It can take like 90 days for CRA's to remove items from your credit report after the CA sends them UDF forms (really does..stupid CRA's). The best thing to do is request the UDF forms along with their deletion and fax them to people at the CRA.

    some things that might help for future reference, should you decide to try this again:
    make copies of everything, the check (especially since you had a restrictive endorsement on it), the reciept for the check, etc. Hell, I even made copies of the envelope after sealing it hehe.
    have the letter sent with the payment notarized (ya, notarized) and CRRR, of course. makes it look more official.
    try and have something to fall back on, such as violations of the FCRA/FDCPA, just in case.

    sorry they are doing this to you, I understand the anger you must be feeling.
    just fyi, when this happened to me the CRA's updated the TL to 'paid charge-off'
     
  11. Flyingifr

    Flyingifr Well-Known Member

    Re: Re: settlement not honored

    90 days to remove but new postings (especially derogs) show up immediately. Sounds like a stacked deck to me.

    Right now I have a copy of the UDF from Arrow Financial showing their TL should be deleted from Equifiction. It is more than a month old. I disputed the Arrow TL three months ago and Equifiction is showing it as still being investigated. I sent Equifiction an ITS letter. The day after my deadline I'm gonna sue them just for the heck of it if Arrow's TL is still on my CRA file.
     
  12. mich32576

    mich32576 Active Member

    Re: Re: settlement not honored

    Hi everyone, thanks so much for your response. I have a letter to the AG of Kanses, and the BBB of Kansas stating that the credit line will bwe removed upon payment. Hnestly, are they looking for a lawsuit? Why are they like this?
     
  13. GEORGE

    GEORGE Well-Known Member

    Re: Re: settlement not honored

    I "THINK" you are too IMPATIENT...

    The CRA might not have got the request to DELETE...
    The CRA has the request to DELETE...but it is AFTER the 18,204 others that are ahead of you...
    The OC does that stuff on the last FRIDAY of the month...
    The "ONE" person that does that is on VACATION...

    90 days may not be too long...

    JUST GUESSING...
     
  14. mark

    mark Well-Known Member

    Re: Re: settlement not honored

    yes, hold off before writing the BBB and the AG..for one, they (the OC) arent supposed to remove 'legitimate' info from your credit reports, so you probably won't get much love there, even though they (the OC again) are screwing you over.

    you need to attack them directly when the time comes..but give it more time. it could take 90 days+.
    check to see if they are bonded to collect in your state and things such as that in the mean time..find more leverage.
     
  15. mich32576

    mich32576 Active Member

    Re: Re: settlement not honored

    Hi everyone, I don't mean to sound dumb, but can a tradeline be updated twice? Before I paid the debt the status was chargeoff/bad debt, Now it reads paid chargeoff do you really think they will just remove it all together after 90 day? Thanks in advance
     
  16. kbean

    kbean Well-Known Member

    Re: Re: settlement not honored

    You have the right to dispute any information contained on your credit report. This is done by writing the CRA, or using the dispute form on their website. The CRA then is required to verify that information with the furnisher. They have 30 days by law to do so.
    If such information cannot be verified, it must be deleted.
    Note that whether the account is "really" yours or not has no bearing on their responsibility to verify it. If it cannot be verifed, it must be deleted. Period.

    You also have the right to "validation". This is demanding that the creditor reporting the information prove to you that the account is really your responsibility, and that the balances, etc are accurate. In the case of collection agencies, they must also prove that they have legal right to collect the debt. They must STOP all collection activity, including reporting and verifying, until they supply proper validation to you after a written request. Although no time limit is specified for them to validate, they cannot continue collection activities until they provide such. Sometimes, Collection Agencies will stop collection activities and return the account to the original creditor rather than validate. (This is perfectly legal )

    taken from: http://www.creditboards.com/phpBB2/viewtopic.php?t=1925
     

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