LeslieR Posted August 7, 2007 Report Share Posted August 7, 2007 I got a response from a CA to my request that they delete upon my payment of a $77 outstanding medical bill. Their reply indicated that "per our agreement with the credit reporting agencies, entries cannot be deleted; your account will be listed as paid once we receive the balance."Is this crap or what? I know it is their prerogative not to delete, but do CAs really have such "agreements" with the CRAs?? Link to comment Share on other sites More sharing options...
Sultan Posted August 7, 2007 Report Share Posted August 7, 2007 Absolute BS!There is no law that says they must report, they could delete if they choose to.Their loss, find another way to go about it.Deal with the OC and bypass them, get them on a violation, then use if for leverage, etc. Who is it any way?CA's cheat themselves and consumers with this brain-dead mentality. Link to comment Share on other sites More sharing options...
Nascar3 Posted August 7, 2007 Report Share Posted August 7, 2007 Don't pay them. I would just tell 'em.."No delete, no payment." They may cave eventually if they realize you are serious. Wait a while then reappoach them with it. Send them a letter (CMRRR). Worst case scenario your report stays the same. But, don't bother wasting your money if they're not going to delete. Also, somewhere on here I read that you might have a better shot by waiting til the end of the month when dealing with these clowns. They are more desperate for money at the end of the month. Link to comment Share on other sites More sharing options...
divemedic Posted August 7, 2007 Report Share Posted August 7, 2007 It is common. The CRAs force all of the furnishers to sign that agreement. Remember that the way CRAs make money is by selling reports to financial institutions. Financial institutions make money through interest, fees, and other terms. The lower your credit scores, the more lucrative the fees. Therefore, the banks will use the CRA that has the most dirt on you.It is in a CRAs best interest to have that dirt, so that more banks will use them.That is why you always DV before negotiating. It lets you know what cards they are holding before you negotiate. If you offer money right from the gate, you are in a weak negotiating position. Link to comment Share on other sites More sharing options...
Ahntara Posted August 7, 2007 Report Share Posted August 7, 2007 "...Is this crap..."No. CA's have a contractual agreement with the CRA's. That's how they do business. At least they didn't tell you it was against the law.You might try another letter (with a little sugar on it) acknowledging their contractual obligation. Be respectful and do not ask anything contrary to their ethics *cough* or business practices. All they have to do is fail to verify a dispute in the future. Unverified disputed data is shielded from view as a matter of procedure by the CRA's. You may have to work harder on a written agreement, but this approach is an alternative to settling for their current response. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 7, 2007 Report Share Posted August 7, 2007 IMO, I would have disputed it with the CRA's and DV'd the CA telling the CA something to the effect of, "In an effort to bring swift closure to this ridiculously small balance that I'm disputing, it is worth my time to offer a payment in full in return of a delete of this disputed account." yada yada yada. If they have no proof that you own the debt, what's the harm to them to get paid and not break the contract with the CRA? Link to comment Share on other sites More sharing options...
elyse449 Posted August 7, 2007 Report Share Posted August 7, 2007 I've always added, "the FCRA does not stipulate that you MUST report, only that IF you do, that the reporting is accurate...." That's what I included in my letter to Applied Card Bank and I was granted a PFD. I'm sure they do have SOME type of agreement w/ the CRA's, however-the CRA's don't know their file loads, so all they'd have to do is NOT respond to THAT tradeline, sheesh. If it were me, I'd try to the OC, to. See if they'd be willing to help you. How old is this debt?Dive said; "The lower your credit scores, the more lucrative the fees. Therefore, the banks will use the CRA that has the most dirt on you" So--basically they get PAID to keep our credit bad? If you think about it, that's what it is-they make MORE money if our credit scores are LOWER? That just sounds criminal, unless I read that wrong.Elyse Link to comment Share on other sites More sharing options...
Sultan Posted August 7, 2007 Report Share Posted August 7, 2007 I don't buy that agreement BS personally, I had a CA try to tell me that and when I sent them a copy of the court paperwork I was about to file they deleted it immediately. Link to comment Share on other sites More sharing options...
elyse449 Posted August 7, 2007 Report Share Posted August 7, 2007 I don't buy that agreement BS personally, I had a CA try to tell me that and when I sent them a copy of the court paperwork I was about to file they deleted it immediately.LOL! Heh, heh, heh!!!!!Elyse Link to comment Share on other sites More sharing options...
LeslieR Posted August 7, 2007 Author Report Share Posted August 7, 2007 Hi folks,A bit more info. on this. I knew this debt was mine, and frankly, I did want to pay it. I did not realize that this was left from an insurance payout that did not cover the whole amount. The doctor is actually a friend of my family's and it is just the whole "honor" thing. The debt is from 2002 and was incurred in Ohio. I am not sure what the SOL for a medical bill is in Ohio??? What type of account is a medical account for SOL purposes? I wrote to his office with a rather informal DV basically stating that "I felt sure that I had fulfilled my obligations...but that if I hadn't, to please send me a statement of my account...and that if due to some oversight, I would pay but would request a deletion on my credit files." They forwarded it on to the CA which sent what appears to be a legit validation (statement of account from the physician's office). The cover letter said that they'd accept the balance minus accrued interest but no delete.I am going to try a "nice" letter one more time offering to pay in return for a delete.Thanks Link to comment Share on other sites More sharing options...
LeslieR Posted August 7, 2007 Author Report Share Posted August 7, 2007 Thank you for your response to my 7/20/07 letter regarding the reporting of my account #xxx. I do understand your position regarding your contractual obligations with Trans Union and Experian and would not request that your firm do anything contrary to its ethics or mission. However, for such a small debt that will soon be beyond the statute of limitations for collection in Ohio, I would like to make one more offer to pay in return for your written promise that the tradeline be deleted from my credit report. The Fair Credit Reporting Act does not require that information be reported and allows for deletions at any time. If you would like to collect the balance on this account, I would appreciate a written statement of your intent to delete the tradeline. I would like to bring swift resolution to such a small matter. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 7, 2007 Report Share Posted August 7, 2007 SOL for medical is generally covered under the UCC (uniform commercial code) and has a SOL of 4 years. Link to comment Share on other sites More sharing options...
hopelesscred Posted August 8, 2007 Report Share Posted August 8, 2007 I am in the final stages in dealing with a small CA . I too was told "we cant delete, we are required by law" nonsense. I simply started emailing top brass...CEO, COO, VP...then I was told to call...so I did. No sir we cant delete blah blah...I hung up on them..I filed complaints with just about everyone I could think of...BBB, FTC, and AGThey deleted today on EQ after a strongly worded ITS/nutcase letter. I will wait about a week or so for EX and TU...Persistence paid off....this was a paid CO btw.. Link to comment Share on other sites More sharing options...
divemedic Posted August 8, 2007 Report Share Posted August 8, 2007 The doctor is actually a friend of my family's and it is just the whole "honor" thing. If he really is a friend, he won't mind pulling this back from the CA Link to comment Share on other sites More sharing options...
Sultan Posted August 8, 2007 Report Share Posted August 8, 2007 If he really is a friend, he won't mind pulling this back from the CANo doubt! Link to comment Share on other sites More sharing options...
Ahntara Posted August 8, 2007 Report Share Posted August 8, 2007 "...friend of my family's..."Ahh. Additional information clarifying the issue, always good to have.The physician can recall the account from the CA. Then, when you dispute, there won't be anything to get verified.Approaching the doctor, as a friend, beats the letter hands down. But if you decide to send it I recommend you omit this phrase, "...and allows for deletions at any time...". Link to comment Share on other sites More sharing options...
LeslieR Posted August 8, 2007 Author Report Share Posted August 8, 2007 If he really is a friend, he won't mind pulling this back from the CAHe said he would. DOES THAT MEAN then that the collection will go off my CR? I thought it would just say "paid." This will end it if him pulling it back takes it off.Tks. Link to comment Share on other sites More sharing options...
hopelesscred Posted August 8, 2007 Report Share Posted August 8, 2007 leslie, I believe that pulling it from the CA is this:the CA no longer has the account, thus cannot verify anything. After it si pulled, dispute it and it should drop off. Link to comment Share on other sites More sharing options...
Ahntara Posted August 8, 2007 Report Share Posted August 8, 2007 "...him pulling it back takes it off..."It's not automatic.1) You request2) He pulls it back3) You pay4) You dispute the CA's listing on your credit report FIRST with the CRA's.a) If that doesn't work, dispute directly with the CA. Link to comment Share on other sites More sharing options...
hiblues Posted August 8, 2007 Report Share Posted August 8, 2007 The solution:In Cali, RE checks are enforceable so long as the receiver is given at least15 days notice...So send a letter notifying them that your check will include a RE (include the wording of the RE) and that you will be mailing it in 15 days from the day they receive this letter.If they don't respond-- they have accepted your offer, mail the check with the RE. Link to comment Share on other sites More sharing options...
bigjohnstud4200 Posted August 8, 2007 Report Share Posted August 8, 2007 The solution:In Cali, RE checks are enforceable so long as the receiver is given at least15 days notice...So send a letter notifying them that your check will include a RE (include the wording of the RE) and that you will be mailing it in 15 days from the day they receive this letter.If they don't respond-- they have accepted your offer, mail the check with the RE.Sweet! Link to comment Share on other sites More sharing options...
LeslieR Posted August 8, 2007 Author Report Share Posted August 8, 2007 What's RE?? Link to comment Share on other sites More sharing options...
hopelesscred Posted August 8, 2007 Report Share Posted August 8, 2007 RE=restrictive endorsement...basically..if u cash this check, you agree to deleteyour endorsement and deposit of this payment signifies that you agree to accept this as payment in full of this account AND you agree to delete all derrogatory entries" Link to comment Share on other sites More sharing options...
Ahntara Posted August 8, 2007 Report Share Posted August 8, 2007 If the OP wished to pay the Data Furnisher (CA), then RE would be a good way to go.But, since the Doctor isn't reporting, a RE specifying that the DOCTOR delete all entries (from CR) is pointless. Link to comment Share on other sites More sharing options...
hiblues Posted August 9, 2007 Report Share Posted August 9, 2007 If the OP wished to pay the Data Furnisher (CA), then RE would be a good way to go.The OP is sending the notice and RE check to the CA, not the doc. Link to comment Share on other sites More sharing options...
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