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Restrictive Endorsement with Pay for Delete


odjohnson3
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Just a thought that came to mind and I wanted to get some more opinions on this

 

In my previous experiences with negotiating a Pay for Delete, often times the collection agency will agree but come up with this story about why they cant write a letter stating theyll delete the item after paying; They always want you to trust that theyll uphold their end of the bargain, you know, have faith in their word -___-

 

I am aware that restrictive endorsements aren't accepted in some states, however in some states it is. I was wondering has anyone ever thought about sending a pay for delete letter CMRR (to show as proof of an abiding contract) and then if the collection agency agrees to the pay for delete but gives you the good ole excuse about not being able to provide you a letter, you simply say ok and send them a restrictive endorsement check with your request of deletion if cashed....

 

I kinda think itll work bcuz not only do you have a restrictive endorsed check, with the contract agreement wrote on it, but also a letter you sent CMRR prior for proof of their knowledge of ur intentions by sending this "restrictive endorsement check"

 

Just a thought i had, feel free to comment or chime in...Im still learning and im young in this whole credit repair process but im always looking to better my knowledge and understanding

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Problem with a pay for delete if, you can even get it. If dealing with a JDB, they might remove it, more than likely not, but if they do, you still have to get the OC to remove. Doubt that will happen. So, you one takes it off, the other refuses to do so, now, where are you at? Square one seems to me.

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CAs don't buy debts.  JDBs buy debts...CAs just do the hassling for them.  Personally, I would never deal with a JDB or a CA represnting them.  You cannot trust them.

 

I would send them a "...I never had dealings with you people...prove to me otherwise, or get off my reports...otherwise, I'll be forced to investigate my legal options..."  (CMRRR).

 

if the OC is gone, its highly unlikely these morons woould be able to provide proof in court that they have the right to collect...

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Just a thought that came to mind and I wanted to get some more opinions on this

 

In my previous experiences with negotiating a Pay for Delete, often times the collection agency will agree but come up with this story about why they cant write a letter stating theyll delete the item after paying; They always want you to trust that theyll uphold their end of the bargain, you know, have faith in their word -___-

They come up with these stories because you are dealing with people that only work the phone.  As long as you are dealing with them by phone, this is what you get.  This is one example why people should always shift all communications with any CA or JDB to written communications right from the beginning.  Then any offer you get is something you have written proof of (to the extent the person writing has authority to make such an offer).

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They come up with these stories because you are dealing with people that only work the phone.  As long as you are dealing with them by phone, this is what you get.  This is one example why people should always shift all communications with any CA or JDB to written communications right from the beginning.  Then any offer you get is something you have written proof of (to the extent the person writing has authority to make such an offer).

 

 Well ive had two situations with submitting PFD via mail and fax....

 

1) they dont respond at all which is most of the time

2) they write u a letter stating they cant provide a letter but they will gladly accept the payment

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CAs don't buy debts.  JDBs buy debts...CAs just do the hassling for them.  Personally, I would never deal with a JDB or a CA represnting them.  You cannot trust them.

 

I would send them a "...I never had dealings with you people...prove to me otherwise, or get off my reports...otherwise, I'll be forced to investigate my legal options..."  (CMRRR).

 

if the OC is gone, its highly unlikely these morons woould be able to provide proof in court that they have the right to collect...

 

The issue im having with most of my debt is the original creditor isnt reporting but the collection agency is.....

Ive submitted a 623 Investigation...Its been over 45 days with no reply and ive filed complaints with the BBB (which they are not a member of) and the FTC last week

I plan on submitting a complaint to my attorney general today

Is there a way to get a mandatory deletion for their failure to comply with the 623 dispute and/or willful non-compliance....

 

My steps Included

 

1. Original Dispute to CRA....EXPERIAN...AND TRANSUNION UPDATED INFO....TransUnion didnt seem to change anything tho...and experian said they refused my investigation until i provided more documentation....BUT they changed everything on the account to N/A 

2. Debt Validation Request (its past the initial 30 days but i figured it would show the benefit of my attention towards this matter)........NO RESPONSE OF COURSE

3.Submitted 623 Dispute with collection agency since theyre whos reporting (the data furnisher)

4. And here I am now....Submitting complaints......im unsure of my next step tho

 

Intent to Sue letter to collection agency for willful compliance and failure to comply with 623 dispute????

 

Someone help me out please

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Intent to Sue letter to collection agency for willful compliance and failure to comply with 623 dispute????

 

Someone help me out please

I responded to your other post, but you would sue based on inaccurate information in reporting.  They would have to prove in court they have the right to collect and/or own the debt.  

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 Well ive had two situations with submitting PFD via mail and fax....

 

1) they dont respond at all which is most of the time

2) they write u a letter stating they cant provide a letter but they will gladly accept the payment

 

Then you aren't getting a PFD from this CA/JDB.  Over the phone they lie.

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Then you aren't getting a PFD from this CA/JDB.  Over the phone they lie.

 

That may be true but if those are the terms discussed and I restate those terms with a supporting letter and Include MY Restrictive Endorsed Check, If they cash, I can see breach of contract easily, If the item is not removed

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I think your hoping and wishing on something that will never come to be. I've said it before, Dealing with an OC is one thing. CA's and JDB's another. You don't waste your time with the latter two. They will suck you in and later you will be back trying to explain how you tried, but failed......all because!!

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You better have their phone statement recorded (along with two party acceptance), too.

Easy way to get that is:

 

Everytime you call them you hear a recording or they tell you that they are recording the call.  If you ask them if it is ok to make your own recording they will often say no and hang up (or just hang up altogether) since they don't want to be caught on tape with violations.  So, once they get on the line just ask them in this fashion:  "Hi... just so we are clear is this call is being recorded, right?"  They will say yes since they think you are referring to them recording it.

 

Once they acknowledge the call is being recorded with out stating they do not consent then you can use it in court. That worked for my last appearance where the company wouldn't let me record the conversations when I initially was asking to record our phone conversations (since they stated they are recording on their own).  Came up with that as a way to allow me to record without them ending the call and bam... gottcha.

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