Another stubborn CA account

[SouthernTreat]

I have a cc charge-off that was settled for less than the full balance but they are reporting the difference that I did not pay as the current balance. I want this account deleted, not merely marked as paid/settled. How should I proceed? Any advice is appreciated.

Edited May 2, 2013 by SouthernTreat

[ICANHASMUNY?]

do you have this settlement in writing?

 

have you disputed this thru the CRA's ?

 

the CA is reporting- a amount still due?

 

what is the OC reporting?

[SouthernTreat]

do you have this settlement in writing? yes

 

have you disputed this thru the CRA's ? no

 

the CA is reporting- a amount still due? yes

 

what is the OC reporting? XXXX amount of dollars paid, current balance is XXXX

Edited May 2, 2013 by SouthernTreat

[Imhotep]

.

[SouthernTreat]

bump...

[ps2779]

Did you pay the CA or the OC?

 

Was "deletion of account from the CRA" stipulated in the settlement agreement?

 

If no, dispute with the CRA. If yes, send a nice letter to the CA/OC (whoever you paid)'s legal department reminding them to fulfill their end of the settlement agreement (if they don't, you have a cause of action to go after them).

 

 

EDIT: I just noticed you said "CA" in the thread title. Well, I would demand deletion from the CA, and dispute with the CRA if they don't delete. And hope another CA doesn't attempt to collect on this same debt.

Edited May 5, 2013 by ps2779

[SouthernTreat]

Did you pay the CA or the OC? CA

 

Was "deletion of account from the CRA" stipulated in the settlement agreement? no

 

If no, dispute with the CRA. If yes, send a nice letter to the CA/OC (whoever you paid)'s legal department reminding them to fulfill their end of the settlement agreement (if they don't, you have a cause of action to go after them).

 

EDIT: I just noticed you said "CA" in the thread title. Well, I would demand deletion from the CA, and dispute with the CRA if they don't delete. What leverage do I have? They are only obligated to correct the trade line to report as "paid/settled", at best.

 

And hope another CA doesn't attempt to collect on this same debt. This I know they cannot do (legally) because we have a settlement agreement.

Edited May 5, 2013 by SouthernTreat

[ps2779]

 

Did you pay the CA or the OC? CA

 

Was "deletion of account from the CRA" stipulated in the settlement agreement? no

 

If no, dispute with the CRA. If yes, send a nice letter to the CA/OC (whoever you paid)'s legal department reminding them to fulfill their end of the settlement agreement (if they don't, you have a cause of action to go after them).

 

EDIT: I just noticed you said "CA" in the thread title. Well, I would demand deletion from the CA, and dispute with the CRA if they don't delete. What leverage do I have? They are only obligated to correct the trade line to report as "paid/settled", at best.

 

And hope another CA doesn't attempt to collect on this same debt. This I know they cannot do (legally) because we have a settlement agreement.

 

 

In summary, what were the terms of the settlement agreement?

 

Is there anything in there that says you waive all claims and liabilities against them?

 

Have you tried sending them a letter asking why are they reporting on your credit report?

 

(Depending on your answer about the terms of the settlement agreement, I may have some suggestions as far as leverage)

[SouthernTreat]

In summary, what were the terms of the settlement agreement? They will report the account as "charge-off/paid in full" once I pay them XXXX amount of dollars.

 

Is there anything in there that says you waive all claims and liabilities against them? No

 

Have you tried sending them a letter asking why are they reporting on your credit report No

 

(Depending on your answer about the terms of the settlement agreement, I may have some suggestions as far as leverage)

Edited May 5, 2013 by SouthernTreat

[ps2779]

Did you ever dispute this account with the CRA?

 

Did this CA ever pull your credit?

 

Did you ever send them a debt validation letter for any of their collection attempts? If so, did you do it within 30 days upon receipt of the letter?

 

I'm thinking Plan A: Simply ask them to delete the account from the CRAs. They may not do this, but it wouldn't hurt to ask.

 

Plan B: Try to gain some leverage on them by finding ways they violated the FCRA/FDCPA/TCPA/state FDCPA, etc... That will be incentive for them to do something so simple as to delete the account from the CRAs.

[SouthernTreat]

Did you ever dispute this account with the CRA? Yes

 

Did this CA ever pull your credit? Yes

 

Did you ever send them a debt validation letter for any of their collection attempts? If so, did you do it within 30 days upon receipt of the letter? Yes, and yes

[ICANHASMUNY?]

you need to dispute in Writing CMRR with the CRA"s

 

 

and send the CA an ITS letter for FDCPA and FCRA violations.

 

RE': Account # 123273849

 

Dear CA name

 

on xxoxxxoxxx, we reach a settlement agreement in writing and this aggreement was fullfilled with your acceptance of my Check # __________ which was cashed on ______________

 

I've reviewed by credit report, and your Firm has continued to report a balance due ; I've disputed this with the CRA name, and your firm has verified this inaccurate and false information.

 

FDCPA Violations;

15 USC 1692e(8) providing false information to credit reporting agencies

FCRA violations;

15 U.S.C. § 1681i duties of furnishers to provide accurate information.

15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.

if your firm does not delete the collection accounts, I will turn this matter over to an attorney for review and legal action in federal court. with additional counts as follows.

15 U.S.C. § 1681n Civil liability for willful noncompliance
15 U.S.C. § 1681o Civil liability for negligent noncompliance

[SouthernTreat]

Thank you, ICANHASMUNY!