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ADSOFT

CALAWYER, Help, Paid CO to CA'S

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Calawyer

Have a question regarding paid charge-offs paid to the OC.

If you paid the OC the outstanding balance on a CHARGE-OFF, and never contracted the CA. Is the CA obligated to remove the CO from your CR .

There are some people who paid the OC and nenver contacted the CA. How can you get these off? Will a simple DV stating that no contractual obligation existed between the CA and the consumer be enough grounds to remove it???????

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Sorry, it's the end of the week and my brain must be mush.

What is the issue? You have paid the entire outstanding balance to the OC correct? Is the CA still pursuing because of collection charges? If so, I would dispute that there is any amount owing on the account.

[Edit by calawyer on [TIME]1057280631[/TIME]]

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<blockquote>Originally posted by calawyer

Sorry, it's the end of the week and my brain must be mush.

What is the issue? You have paid the entire outstanding balance to the OC correct? Is the CA still pursuing because of collection charges? If so, I would dispute that there is any amount owing on the account.

[Edit by calawyer on [TIME]1057280631[/TIME]]

</blockquote>

I was trying to work the angle from a contractual point of view. For a CA to report a paid charge off you would have had to have paid the CA. If you pay the OC, then legally, the CA can't report becuase you never paid them and they would be reporting incorrect info?????

... I that a legit arguement???

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It's not really a "contractual issue". You do not have a contract with the CA and you have never seen the contrat between the CA and the OC (if there is a written contract). If the CA is reporting that the account was "charged off", I guess you could argue that this is incorrect because you can't charge off a paid account. However, I don't see how this is any different than simply stating that there is no amount owing to the OC.

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<blockquote>Originally posted by calawyer

It's not really a "contractual issue". You do not have a contract with the CA and you have never seen the contrat between the CA and the OC (if there is a written contract). If the CA is reporting that the account was "charged off", I guess you could argue that this is incorrect because you can't charge off a paid account. However, I don't see how this is any different than simply stating that there is no amount owing to the OC.

</blockquote>

Actually, the issue is that sometimes your account goes to a collection agency and the consumer will pay the OC. In my case instead of the CA removing the charge off they marked the balance $0.00 and I never paid the CA a dime. So I'm not sure what to tell the CA to get it removed? ..... there seems to be a lot of members in that situation, .... they paid the OC and now the CA markes the TL to paid charge-off, the reason being that the CA wants to get their commision for taking the time to try to collect and placing information on your CR???

I'm not sure how to create a legit reason to get the neg. TL from the CA off the CR???????

[Edit by ADSOFT on [TIME]1057432535[/TIME]]

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Ahhhhh, grasshopper, now I see. Double assault, CA and CRA. Tell them both the same thing. As their own reporting demonstrates, there is no debt owing to OC. Therefore, it is inaccurate to report a collection account. One more chance to remove before you have a judge tell them to remove.

Go get 'em.

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