REPO

[JB1980]

Alright, I had a vehicle repo'd a year ago. I ended up settling with a third party debt collector (Vengroff William & Associates) for 30% of the balance with the aggreement that AmeriCredit would update my report with all three CRA's as the account would be "paid in full".

 

I just got a message from my credit montioring service that there was a potentially negative update to my report. All three CRA's are showing charge-off and under the comments it shows, "profit and loss write off".

 

I never received anything in the mail from AmeriCredit but all correspondence was done from the debt collector (Vengroff William & Associates) who actually debited my checking account for the payment.

 

I have no idea who to go after now, AmeriCredit or the collection agency? Any help would be appreciated.

[MarvBear]

Lets move a credit reporting related item to the main credit forum for more views and responses.

 

 

and

 

Bump

[pryan67]

What do you have in writing regarding the agreement?

[JB1980]

I wrote the CA a Pay for Delete letter for a settlement of 30% of the balance. They came back with this:

 

"Please deem this letter as an instrument of settlement between Americredit, it's agent Vengroff Williams & Associates, and John and Jane Doe."

 

"Upon clearance of funds amounting to $XXXX.XX said debt will be considered settled in full among all parties. Let it be known that John and Jane Doe will be released of any further liability on account #XXXXXXXX regarding the above referenced debt."

 

 

This is the discouraging info:

 

"A final receipt will print 10 days after receipt of funds and information for updating the credit agencies will then be forwarded to you."

 

--I haven't received a receipt, or any further correspondence from them, and they will not take my phone calls. I call and get dispatched to an operator, ask for the rep that I originally spoke to and always sent to voicemail, without a return call. I call and ask for their supervisor and get sent to their voicemail and still don't get a return call after leaving messages.

[JB1980]

bump

[JunkBuyersWorstNightmare]

100% of collectors will lie 100% of the time.

And if you didn't get it in writing and signed by them, it never happened. What they sent you says nada about deletion.

[JB1980]

Ok, I was expecting that but don't they (CA or OC) have to update it as "paid" even if they don't delete it? Or is there another angle of attack?

[sjca]

I wrote the CA a Pay for Delete letter for a settlement of 30% of the balance. They came back with this:

 

"Please deem this letter as an instrument of settlement between Americredit, it's agent Vengroff Williams & Associates, and John and Jane Doe."

 

"Upon clearance of funds amounting to $XXXX.XX said debt will be considered settled in full among all parties. Let it be known that John and Jane Doe will be released of any further liability on account #XXXXXXXX regarding the above referenced debt."

 

 

This is the discouraging info:

 

"A final receipt will print 10 days after receipt of funds and information for updating the credit agencies will then be forwarded to you."

 

--I haven't received a receipt, or any further correspondence from them, and they will not take my phone calls. I call and get dispatched to an operator, ask for the rep that I originally spoke to and always sent to voicemail, without a return call. I call and ask for their supervisor and get sent to their voicemail and still don't get a return call after leaving messages.

This not going to be easy as this is not a clear agreement for deletion. Verbal contracts are enforcable in most States. You could sue them in small claims court. You have a 50/50 chance of prevailing and the cost is very low. I would name them both in the suit. Before you file you will need to show the court that you made a reasonable attempt to resolve this before opting for small claims court. Therefore send a letter outlining the agreement as you understand it. Then ask them to honor the agreement. Given 30 days to respond. If they don't then take it to small claims court.

[hoapres]

I don't see anything in writing about a deletion. OP can try taking a shot in small claims court but I don't see a "breach of contract" cause of action for a written contract. Doubtful that Plaintiff can establish that an oral contract existed.