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Crazy idea about pay for delete


ShineOn
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Would I be crazy to ask a CA to delete two accounts they are reporting if I pay the one with a balance?

The first account was paid in full to the OC, but the second is being disputed because I believe I paid it too. I was wondering if it might be possible for them to delete both if I paid the second in full.

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I paid the first account $106 to the OC because I never got a letter from the CA about it and it only showed up when we went to open a new account in my husbands name last Nov. I also called the electric company (the other OC) last year and they let us open a new account in my husbands name and said there was no over due amount from his last address.

The second ($290) is saying not paid on his CR and I think I might have paid in it 03, but I can't remember. The CA has claimed to have purchased the account from the electric company.

The CA is IEIFS they are collecting for the two different utility companies. The second account ($290) is still in DV, and I haven't heard from them yet. I am just getting ready so I can act quickly.

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Just make sure you get it in writing if they agree to it.

I still haven't fully understood what we could do if a CA decided not to delete, even when they agreed in writing to delete upon payment. Would we send that to the CRA? Sue for damages? I'm not sure. Why would the CRA delete if you sent them a PDF agreement from the CA? The CRA only collects information believed to be accurate and if you send them a letter saying you paid a valid debt that should have been deleted, then it is indeed correct information.

Anyone?

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I still haven't fully understood what we could do if a CA decided not to delete, even when they agreed in writing to delete upon payment. Would we send that to the CRA? Sue for damages? I'm not sure. Why would the CRA delete if you sent them a PDF agreement from the CA? The CRA only collects information believed to be accurate and if you send them a letter saying you paid a valid debt that should have been deleted, then it is indeed correct information.

Anyone?

You would sue the CA for breach of contract and ask for specific performance as a remedy. Basically the court orders them to live up to their end of the bargain. Or I guess you could ask for an injunction from them reporting.

Not something I'm well versed in here.

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You would sue the CA for breach of contract and ask for specific performance as a remedy. Basically the court orders them to live up to their end of the bargain. Or I guess you could ask for an injunction from them reporting.

Not something I'm well versed in here.

I guess I always figured PDFs were "under the table" since creditors and collectors are morally and ethically obligated to report correct information."

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Hmmmm, I have never seen morally or ethically in any law! LOL8-)

A collector is morally or ethically obligated to report....:lol: Talk about your oximoron!

Actually, the truth is they are NOT obligated to report anything. What the law requires is that when or if they report, the data must be accurate.

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Actually, the truth is they are NOT obligated to report anything. What the law requires is that when or if they report, the data must be accurate.

The CRAs' contracts with creditors require the creditors to furnish their experience with the consumer (according to the CRAs, this is interpreted as correct and complete reporting--no PFDs allowed on pain of the creditor losing its relationship with the CRA, which of course is much more valuable than any single debtor's payment). As far as the creditors are concerned, PFDs are "under the table" because they don't want to get caught. If you get a PFD agreement in writing, you could threaten a noncomplying creditor with sending their agreement to the CRAs ... because they would have some 'splaining to do if the letter made its way to the right person at the CRA (not hugely likely unless you do some research ... maybe someone in their legal department, maybe someone who oversees auditing of creditors, maybe somebody in "contract compliance" or some similarly-named department).

As for the morality and ethics ... the creditors' morality and ethics are not your problem. You just want a deletion. No tickee no shirtee.

And specific performance/injunction? Forget it unless you write it into the agreement with the creditor. Damages might be tough to prove too, so just add a specific dollar amount they'll pay if they don't delete. Will these clauses survive the negotiation process ... probably not ... I don't think any creditors would agree to be spanked if they didn't come through with the delete. But even *asking* for them will make it clear to the creditor that you're serious about them following through. If the creditor is serious about getting paid, they'll be willing to give you copious assurances they'll delete.

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