Okay, so here's the deal: Paid CA settlement. OC still contacting for rest of balance. Should I : a.) Contact OC ,in writing of course, state will pay in full for deletion and faxed UDF? -or- b.) Send validation to CA, dispute, hope they screw up and cant validate or report inaccurately? Best route for deletion?? All opinions welcome!! thanks-jkc
Hmmm, let see if I understand this... You've already made the payment to the CA for the settlement. The CA sent the remainder of the account back to the OC, and the OC is independantly persuing you for the deficincy in the settlement. Was the settlement agreement in writing, and was it in writing that the deficincy would be forgiven? Is the CA reporting, or the OC reporting, or both? I forget the name of the tactic, but let me just give you the summary (and someone can point you to the right one that I am thinking of - and the real letter for it -- is it the nutcase? ). EXCUSE ME, DADS COLLECTIONS, WE HAD AN AGREEMENT. I paid you $xxx.xx, and your company would accept that as payment in full for this account, and your company would repair the damage that this matter has done to my credit history. I LIVED UP TO MY HALF OF THE BARGAIN, your company received, and cashed the payment method in the amount of $xxx.xx, on XX/XX/XXXX. YOUR COMPANY HAS NOT. and I was deceived into complying with an agreement that your company had no intentions of honoring, and as a result of my reliance of your agreement, your company has done more damage to my credit history.
Settlement is in writing, on CA's letterhead..it states: Dear J, This letter Shall serve as evidence that the above referenced account has been settled in full. If you have any questions, blah, blah... You get the point...now this month I get a statement from the OC requesting payment due on 08/17..statement printed on 07/23...but this acct was settled on 06/28..so they had plenty of time to communicate with each other. So you think I should write the CA and state breach of contract, violation of collection practices, etc...remove immediately or I will pursue further action...sound good?
I thought I added something to the last post, but I guess not. I'm aplogizing now, if it posts twice. I forgot to answer the reporting question.. OC is reporting. Is it continued collection activity if CRA is investigating a dispute and they are still billing you? Im not so clear on this...or is it only continued collection when you've requested validation. Ive done so much reading, Ive confused myself ...again!! hee. thanks!!
Ok... Here's an idea... This may be a little bit more 'gentle' then the sledgehammer, I originally thought of... You are PRESUMING that they've had more than enough time to be notified by the CA that the matter has been resolved in full... But, we don't have 'CONCLUSIVE' proof of this fact... So, how do we ensure that we have the 'CONCLUSIVE' proof that the OC has been notified that this matter has been settled in full. We take matters into our own hands, and notify them ourselves, that their agent has settled the matter. (And then we have conclusive proof that we can use against them, if we need to, later.) Also is the invoice from the OC for the full amount, or just the difference between the settlement and the full amount. (If its for the difference, we know that they at least notified them that they received the payment, but maybe not that it was settled in full for that payment amount.)
Here's an idea of a simple letter. DSDA OC ADDRESS CITY, STATE ZIP LIL OLE ME ADDRESS CITY, STATE ZIP DATE To whom it may concern: Thank you for your statement dated on xx/xx/xxxx, however this matter has been resolved by DSDA COLLECTIONS, acting as an agent on your company's behalf, since xx/xx/xxxx. I am sure that your statement has to have been an oversight, and so I am providing you with a copy of the letter from DSDA COLLECTIONS in regards to this account, so that your company can update your records accordingly. Thank you in advance for your expediant resolution of this situation, it is greatly appreciated. LIL OLE ME
Ok, I agree that I need CONCLUSIVE proof with them. That being said, I know that they have communicated with each other because on the OC's billing statement it is listed as such... 06/24/04-prev bal---------------282.01 07/23/04-billed finance charges------3.68 06/28/04-agency pmt------------109.75 07/23/04-new balance----------175.94 I can contact OC and tell them or I can wait for my second invoice from OC that should be here anyday now... what do you think? Jam, Ive been trying to catch these guys for awhile now. The only reason I paid this was because I was buying a house. I dont even think I paid the correct amt. due. They have been giving me, (OC, CA1, CA2) the run around since December. Im sure I have them on something, im just not sure what.