Pay for delete successful maybe
Date: Thu, 04/29/2010 - 06:46
I am trying this again with a few medical bills with 2 different collectors. From one I have gotten zero response. From the other, I got phone calls wherein they stated that they will not do what I asked in my "pay for delete" letter. So, I told them I would be sending them a "cease and desist" letter. I figure, if they won't work with me, I won't deal with them. If I'm going to pay it and not get it off my CR, I will pay the original creditor, not the CA. That was yesterday. Today, they contacted me again stating that it was all a misunderstanding and that they would do it. In fact, they said that they are trying to get it done right now. The collector states they are trying to get it removed from both mine and my 5 year old daughter's credit reports. I didn't even know they had put it on hers. It never even occurred to me to look. So, I said that's great. But, when I asked them to send it in writing, they said they would not do that. They said, however, that they would send me back my original letter stamped "Agreed". I am not sure if that would be legally binding. Any advice that Nelly has to offer about that would be helpful. Thanks.
I'd have preferred to get everything in writing from the collect
I'd have preferred to get everything in writing from the collector before making any payment to them. It should be properly written in their letterhead and duly signed. I'm not sure how much a stamp would hold up in the court of law.
Well, I agree. That's why I'm asking for advice here. But, I h
Well, I agree. That's why I'm asking for advice here. But, I have NOT paid them as of yet. I was a little confused that they "allegedly" are already working to remove it since that's not what my pay for delete letter asked. But upon re-reading the letter I had sent to them, I can see how they might have jumped to that conclusion without reading the letter carefully.
What if they do take it off? How long might it take for that to be reflected in my credit report? Additional advice is much appreciated. I just want it off, but I don't want to pay them prematurely and not get what I want out of the deal.
your threat to pay the original creditor really holds no water.
your threat to pay the original creditor really holds no water. Any time a CA is working third party, it is done so under contract and any payment that comes into the original credit is automatically sent to or credited to the collection agency handling the account..so they get paid no matter where you send it.
Missing the point
Soap, you misunderstood. I didn't threaten them at all, and I certainly didn't tell them I was going to pay the OC. I only told them I would be sending a cease and desist letter. The rest of that statement was just me saying as an aside that if I'm not able to get it removed, I would rather pay the OC than the CA. I am going to pay it either way. It just made me feel a little better, but thanks for shooting that down. So do you have any actual advice as far as the actual question I asked? That would be awesome.
Quote:They said, however, that they would send me back my origin
Quote:
They said, however, that they would send me back my original letter stamped "Agreed". I am not sure if that would be legally binding. |
Here are my thoughts:
1) What are you going to do if they take your payment, and then they don't send your "Agreed" letter back to you ? At that point all you've got is the previous phone conversation, which is your word against theirs.
2) I would also argue against the "Agreed" stamp. Only because what proof do you have that they actually stamped it? I mean, I could write a letter to some creditor asking for a delete, make my own "Agreed" stamp, stamp my own letter and then say that they stamped it and mailed it back to me. I might say okay if their "Agreed" stamp also contained their company name (as part of the stamp and not hand-written) and was signed.
The reality is that these places generate form letters, and all they know how to do is queue a letter/template that's already created. They probably don't have a form-letter created in their system that spells out any pay-for-delete language -- and so that's why they say they can't do it. (I'm sure any form letter template that they create probably has to pass through their legal counsel just to make sure they can't get sued by some letter that they send out).
Well take that as you will. If they won't type a letter, but are willing to sign off on yours, then maybe you can draft your own acceptance letter. State something like
Quote:
This letter is to recap a previous phone conversation of XX/XX/XX with (collector name) whereby your company has agreed to remove your notation from my credit report upon my payment of $XX.XX. As I wish to formally document the agreement, please acknowledge that upon receipt of my payment of $XX.XX, your company will promptly remove any listing it has placed on my credit report. ACCEPTED BY: ___________________ Company Name ___________________ Signed By ___________________ Title ( or Agent) |
If they sign and send it back before you pay, then I'd say it's acceptable. If they don't sign it or don't send it back, then don't pay.