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Who controls deleting a line item?


Drake Savory
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And please provide USC cite or case law if possible so I can throw that in when dealing with two CAs that claim they can't PFD.

 

Obvious answer - the entity whose name is on the line item.  Here are two scenarios that I am facing right now.  Oh and how can you tell if a CA rep is lying?  They're talking.

 

1)  CA sent a line item for a collections for a debt still owned by the OC.  Since the CA "works" for the OC, they cannot PFD without the OC's permission.  Of course CA still wants me to pay them and not the OC.  I think this is BS (is that an official credit repair acronym like CRA, OC and JDB?) and call the OC.  OC confirms my suspicions and yet the CA still insists they cannot unilaterally PFD.

 

2) CA sent a line item for a collections.  I can't give more info than that like are they really a CA or a JDB because either way, they have THEIR collections being done by a third company.  The CA can't work with me because (this is just ripe for getting a deletion) they sent all the paperwork to the third company.  They ignore everything I sent and direct me to their collector who of course never made any line item so how can they PFD? 

 

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And please provide USC cite or case law if possible so I can throw that in when dealing with two CAs that claim they can't PFD.

 

The most likely reason they are telling you they cannot do PFD is because contractually they agreed not to with the OC or it is their business policy not to do it.  There is no case law that states they cannot do it but there are creditors that have a hard line policy of not doing it.  

 

These days it is not uncommon for an OC to hire a CA on contingency meaning the CA gets paid a percentage when they actually collect.  Common terms in those contracts is not doing PFD and the OC not taking direct payments once it gets handed over to the CA.  

 

There is NOTHING you can do to force them to agree to a PFD or to deal with you directly if they are contractually obligated not to.

 

1)  CA sent a line item for a collections for a debt still owned by the OC.  Since the CA "works" for the OC, they cannot PFD without the OC's permission.  Of course CA still wants me to pay them and not the OC.  I think this is BS (is that an official credit repair acronym like CRA, OC and JDB?) and call the OC.  OC confirms my suspicions and yet the CA still insists they cannot unilaterally PFD.

 

In other words they are telling you they will not do a PFD.  There is no law that I am aware of you can cite to them that will make them commit breach of contract with the OC or change their internal policy against PFD.

 

2) CA sent a line item for a collections.  I can't give more info than that like are they really a CA or a JDB because either way, they have THEIR collections being done by a third company.  The CA can't work with me because (this is just ripe for getting a deletion) they sent all the paperwork to the third company.  They ignore everything I sent and direct me to their collector who of course never made any line item so how can they PFD? 

 

I do not see this one as ripe for deletion either.  If the account has now been transferred to yet another entity then the reporting CA cannot deal with you on payment.  They are NOT required to delete the trade line simply because they no longer have the account.  They are required to report accurately which would be a zero balance owing to them as the CA/JDB and "transferrred/sold to another lender" entry on the trade line.  The trade line can legally stay there until the end of the reporting period as long as it is accurate.

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