DebbieCares Posted July 15, 2005 Report Share Posted July 15, 2005 I paid these clowns over $3800 only because I have a closing in November for a home.This is what the letter said the OC and CA signed.This letter is an offer to amicably settle the above accounts. It is not to be construed as an acknowledgement of my liability for these debts in any form.I will pay your company the amount of $3,827.82 as full settlement of these accounts.If you accept this agreement, I will send you a cashier check for the full settlement amount of $3,827.82 in exchange for a full deletion of all references from both TekCollect and Tennessee Teachers Credit Union regarding these accounts from my credit profile with all national Credit Reporting Agencies and full satisfaction of these debts. You agree these accounts can never be sold or assigned to anyone nor can they be reported to any credit bureau in the future. This agreement is binding.If you agree to the above, please acknowledge with your signatures and return a copy to me. Upon receipt of this signed binding agreement, I will promptly send you a cashier check in the amount stated above.After receiving signatures from them both I overnighted a cashier check which they have received.Now the guy says no deletion, only Paid in full update Link to comment Share on other sites More sharing options...
willingtocope Posted July 15, 2005 Report Share Posted July 15, 2005 Which guy? OC or CA?You're next move, I think, is and Intent to Sue for breach of contract. Link to comment Share on other sites More sharing options...
wunderwoman Posted July 15, 2005 Report Share Posted July 15, 2005 Just send a copy of the agreement and the cashier's check receipt to the credit bureau, and you should receive your delete. Link to comment Share on other sites More sharing options...
Methuss Posted July 15, 2005 Report Share Posted July 15, 2005 Simple.You have a signed binding agreement. They are now refusing to follow the terms of that agreement after receiving payment. Sue them.Because of the agreement any reporting done after payment that is not in compliance with the agreement is false reporting and breach of contract. Pay a lawyer to send letters to those clowns and it will probably get taken care of quickly. The CRAs are unlikely to be helpful unless you get a hold of someone above the typical phone-monkey. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 15, 2005 Report Share Posted July 15, 2005 Breach of contract, specific performance, fraud. Pick one. Pick 'em all. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 15, 2005 Author Report Share Posted July 15, 2005 many ppl telling me not to send letter to CRA's or it will be cemented forever as paid in full.I have contacted a lawyer but time is of the essence as closing is November and this is probably a long battle.moral of the story is this CA's are scumbags, and PFD's are very risky indeed Link to comment Share on other sites More sharing options...
willingtocope Posted July 15, 2005 Report Share Posted July 15, 2005 The problem is that PFD is technically against CRA policy. They won't help you... Link to comment Share on other sites More sharing options...
willingtocope Posted July 15, 2005 Report Share Posted July 15, 2005 Actually, this might actually help in your ITS letter to the OC and CA. Point out that you'll be happy to bring to the attention of the CRAs that they even offered... Link to comment Share on other sites More sharing options...
codename_fortyseven Posted July 15, 2005 Report Share Posted July 15, 2005 I agree, sending the agreement to the CRA's only gives proof that is it is a PFD agreement, which is against CRA policy. They probably aren't going to be much help.You DO have specific avenues to nail the OC/CA or whomever accepted the agreement. It isn't like a restrictive endorsement or anything. They took the check, which is a defacto agreement of the terms. If they didn't want to agree, they should have sent the check back. You have at least $3800 in damages, and now that you have your home, they can't extort payment out of you. Link to comment Share on other sites More sharing options...
c m chase Posted July 15, 2005 Report Share Posted July 15, 2005 I have contacted a lawyer but time is of the essence as closing is November and this is probably a long battle.I honestly don't think it IS going to be a long battle. Especially since you have a signed contract stating the agreement. You make a note of this to the CEO of these companies...they won't want to mess with it. It's a straight-forward win and they'll know it.Shove this in a higher-up's face. They'll not want to deal with you....and it won't take 4 months. Link to comment Share on other sites More sharing options...
jordanmorganusa Posted July 15, 2005 Report Share Posted July 15, 2005 Next time, put a time limit on it. Give them XX amount of days to have it off your report by or they owe you $XXXX. We all know they have contacts at the bureaus, so they can do it in an hour if they choose. Make it something reasonable, like 5 business days.On to the point at hand: Send a letter to the highest rung on the ladder at both the CA and OC along with a filled-out, ready to go lawsuit. That should take care of it. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 15, 2005 Author Report Share Posted July 15, 2005 the director of the entire CA said no delete to me today Link to comment Share on other sites More sharing options...
DebbieCares Posted July 15, 2005 Author Report Share Posted July 15, 2005 an attorney is reviewing the case to see if he wants it or not.I will update here of course Link to comment Share on other sites More sharing options...
jordanmorganusa Posted July 15, 2005 Report Share Posted July 15, 2005 Make sure the you and/or your lawyer includes the director of the CA as an individual. And stop talking to them on the phone unless you're going to get it on tape. They'll delete when you file suit. Make sure you send copies to all 3 credit bureaus, the FTC, your state attorney general and their state attorney general. Do that last part now. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 15, 2005 Author Report Share Posted July 15, 2005 the cra doesnt like pfd's why send it to em, they will say uh no way Link to comment Share on other sites More sharing options...
jordanmorganusa Posted July 15, 2005 Report Share Posted July 15, 2005 That's true that they dont' like them, but it wont' get you in any kind of trouble. It's to cover your a$$ in case you need to take on the CRA at some point, so they can't say they didn't know. The bottom line on that is there was an agreement made and they are now going back on their end. They most assuredly are not going to want to FTC and the AG's to know. They have the power to do something to them. Oh, and lastly, check to see who else they have to answer to. Make sure that they are registered/licensed/bonded to do business in your/their state. See if there is another regulatory board to complain to (One CA had like 6 offices for me to complain to, it was LOVELY). Take this weekend to find out who all these people are, write up all the complaints and send them out-CMRRR. Link to comment Share on other sites More sharing options...
Methuss Posted July 16, 2005 Report Share Posted July 16, 2005 the cra doesnt like pfd's why send it to em, they will say uh no wayThey may not like them but this is when to use the CRAs bull crap against them. The CRAs claim they are only responsible for parroting what the furnishers tell them, so if the furnisher tells them to delete they really have no say in the matter without admitting that they in fact do not parrot the furnisher.They can't have it both ways. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 16, 2005 Author Report Share Posted July 16, 2005 the anger level this weekend has reached a new high.I am ready to drive to Ohio to find this punk a$$ liar, scumbag, con artist. Link to comment Share on other sites More sharing options...
jordanmorganusa Posted July 17, 2005 Report Share Posted July 17, 2005 Have I mentioned that I actually have an Equifax employee ON TAPE admitting that they parrot what the furnishers tell them? In fact, she said that they MAKE SURE that what the furnisher have in their records and what they put on your report matches....Oh, one sweet day, one sweet day...P.S. Debbie, forget taking a trip unless it's to file your Federal case. Seriously. If you can't afford an attorney, get help here on how to file it yourself. Go check your state's and the Federal Code of Civil Procedure. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 17, 2005 Author Report Share Posted July 17, 2005 you mean I have to afford an attorney?damn, I pay over 3800 dollars and now I have to pay an attorney. I was hoping they would get paid from the CA Link to comment Share on other sites More sharing options...
jordanmorganusa Posted July 17, 2005 Report Share Posted July 17, 2005 I can understand your frustration. Trust me, I've been scr*ewed by both CA's and CRA's. But in the end, you'll end up with more than enough to pay for a pool for your hew home. I dont'knwo wht state you're in , but you could og the small claims route. (I know a lot of people here dont' agree, but I've sued successfully there and when i actually had to go to court, I won). Youv'e got a slam dunk case. Another way to go is contacting the CEO/President of the OC and seeing what they have to say. Most of them fold when they see that you're a smart consumer. Let them know that if they dont' delete, you'll add them to the suit. Make sure you get your complaints out. These CA's do NOT want the FTC and the AG poking their noses into their business. They will answer the complaint in 30 days or less. Make sure you send them copies of everything for their records. I implore you, complaints DO help. The Ag's, especially. They have the powere to file suit on the CA's and OC's. They will make their lives a living hell. Look up Mike Hatch, you'll see. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 17, 2005 Author Report Share Posted July 17, 2005 small claims is max 5000 dollars I think.what do I sue them for, the money I owed them plus damages? and what damages do I sue for and how much Link to comment Share on other sites More sharing options...
Methuss Posted July 17, 2005 Report Share Posted July 17, 2005 You should not have to pay for a lawyer to represent you. This case is open-shut. Since the FCRA allows the attorney to take his fees directly from the CA and the CRA, you should get representation on contingency. You don't pay a penny.Second, since you would have attorney representation, you arenot limited to small claims court. In Circuit Court and up you would, in addition to monetary damages, get injunctive releif (a court order telling them they must correct it).Go to www.edcombs.com get their fax number. Fax over all your docs including the signed agreement with a cover letter explaining the problem. If they do not take it on themselves, they will likely turn it over to an affiliate lawyer in your area. Link to comment Share on other sites More sharing options...
DebbieCares Posted July 18, 2005 Author Report Share Posted July 18, 2005 exactly what I needed thanks.!!!! Link to comment Share on other sites More sharing options...
DebbieCares Posted July 18, 2005 Author Report Share Posted July 18, 2005 I am in Florida and they are in Illinois, so they probably can't help me, but hope they can refer me to someone that can Link to comment Share on other sites More sharing options...
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