should i pay oc or ca?

Discussion in 'Credit Talk' started by sfdrew, Jun 6, 2008.

  1. sfdrew

    sfdrew Member

    i had directv service, which i originally signed up for on a 2 year contract. i moved before the 2 years were up to a place where i could not have a satellite. i tried to fight directv, but they said i was still responsible for an early termination fee of $137.00.

    that balance is now with financial asset management, a CA. they are asking me to send payment of 80% of the balance directly to directv. i still don't feel the charge is fair, but i really need to get this item off of my credit report.

    what's the easiest and quickest way to get rid of this on my CR? should i send a pfd letter to the OC or CA offering to pay the 80% they asked for?
     
  2. apexcrsrv

    apexcrsrv Well-Known Member

    They easiest way to get it off of there is to dispute it through the credit reporting agencies. Simply paying won't do it absent some enforceable contract to the contrary.
     
  3. sfdrew

    sfdrew Member

    So even with a PFD letter sent and agreed to in writing by either the OC or CA, it still might not be removed from my credit report?
     
  4. apexcrsrv

    apexcrsrv Well-Known Member

    Yea, I said "absent" a written agreement. If you have that and they don't delete, you have a breach of contract which you can enforce before a bench.
     
  5. sfdrew

    sfdrew Member

    Thanks for your help. I mis-understood you. It sounds like you think disputing it through the credit reporting agencies might be easier. But won't they be able to verify that it is mine since they are asking me to pay the OC?
     
  6. apexcrsrv

    apexcrsrv Well-Known Member

    They may verify it and they may not. It's worth the time to at least try and remove it via that method.
     
  7. sfdrew

    sfdrew Member

    Yeah it seems like it might be worthwhile since it can't really make it any worse. Do you have any disputing recommendations? Is it best to do it with all 3 at once or at separate times?
     
  8. apexcrsrv

    apexcrsrv Well-Known Member

    Do it through all three at once. Target the dates of status, last activity, etc., insofar as those are tyically inaccurate.
     
  9. sfdrew

    sfdrew Member

    I will give that a try. Should I hold off on doing any sort of debt verification with the CA for now?
     
  10. apexcrsrv

    apexcrsrv Well-Known Member

    No, you can request validation. However, it doesn't really invoke anything if you're outside the thirty day window and it would (the FDCPA) would only apply to the debt collector. I wouldn't unless they're on the reports too. I wouldn't send a FACTA request to Direct TV either b/c it has no teeth.
     
  11. sfdrew

    sfdrew Member

    I am past the 30 day window from when Financial Asset Management first contacted me. But I am a little confused by what you said about the debt collector being on the reports. Financial Asset Management, who is the collection agency trying to collect the money for Directv, is on all 3 of my credit reports. Is there something I should be doing in dealing with them directly?
     
  12. apexcrsrv

    apexcrsrv Well-Known Member

    Yes, if they are the ones reporting then go ahead and request validation directly through them as well as dispute the tradeline through the credit reporting agencies. It is a two step process that invokes both the FDCPA and FCRA.
     

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