mr_smith_2019

Settlement Agreement and Mutual Release

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@Goody_Ouchless  Yes, my lender did accept the Settlement Agreement as proof that the account was settled and did not count it as a debt against me when doing my refinance.   But first the lender had a 3rd party (the title company or whoever does credit verification stuff) get on the phone with me and the Creditor's collection department.  I faxed the collection department a copy of the agreement after they said they had no record of the agreement and asked me if I wanted to pay the collection over the phone.  hahahahah!!   

About a month later I got an unexpected letter in the mail from the Creditor stating "we have deleted the reporting of the account as requested".   I will see if they really deleted it the next time I look at my credit reports.   

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On 5/2/2019 at 10:17 AM, mr_smith_2019 said:

@Goody_Ouchless  Yes, my lender did accept the Settlement Agreement as proof that the account was settled and did not count it as a debt against me when doing my refinance.   But first the lender had a 3rd party (the title company or whoever does credit verification stuff) get on the phone with me and the Creditor's collection department.  I faxed the collection department a copy of the agreement after they said they had no record of the agreement and asked me if I wanted to pay the collection over the phone.  hahahahah!!   

About a month later I got an unexpected letter in the mail from the Creditor stating "we have deleted the reporting of the account as requested".   I will see if they really deleted it the next time I look at my credit reports.   

That looks like 2 blatant consumer law violations now.  I'm guessing you didn't record this phone call?  So many missed chances here to collect all these $1,000 checks.

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4 hours ago, fisthardcheese said:

That looks like 2 blatant consumer law violations now.  I'm guessing you didn't record this phone call?  So many missed chances here to collect all these $1,000 checks.

What 2 violations?

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18 hours ago, BV80 said:

What 2 violations?

I mistook OP's summary of events again above as a second phone call in which they asked if he wanted to make a payment over the phone.

However, I still believe from the initial post there is an FDCPA violation for asking for payment on a debt that was both dismissed with prejudice and settled as "forever discharged and released of liability".  And I believe there is a very strong FCRA violation for actually verifying a balance owed on the credit report after a dispute with the CRAs - with a potential second FDCPA violation for that same action.

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7 hours ago, fisthardcheese said:

I mistook OP's summary of events again above as a second phone call in which they asked if he wanted to make a payment over the phone.

However, I still believe from the initial post there is an FDCPA violation for asking for payment on a debt that was both dismissed with prejudice and settled as "forever discharged and released of liability".  And I believe there is a very strong FCRA violation for actually verifying a balance owed on the credit report after a dispute with the CRAs - with a potential second FDCPA violation for that same action.

The OP said he was sued by a creditor.  So, was he contacted by the OC or a debt buyer?

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On 3/17/2019 at 3:54 PM, mr_smith_2019 said:

I also called the creditor's collection department who said they had NO RECORD of a settlement agreement and asked me if I was going to pay the balance due!!!

@BV80 It was the same creditor that the OP made the settlement agreement with and whom also dismissed with prejudice their lawsuit against Op.

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1 hour ago, fisthardcheese said:

@BV80 It was the same creditor that the OP made the settlement agreement with and whom also dismissed with prejudice their lawsuit against Op.

You mentioned FDCPA violations.  If it’s an OC, there’s no FDCPA violations.

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It was an original creditor that I was dealing with and it appears they actually did what their final letter said they would do, which is delete the account from my credit reports entirely.  I am satisfied with the final result to clear it off my credit reports even though it happened 3 years after it should have.  If I was still in a fighting mood maybe I would have pursued the FCRA issue but the original fight 3 years ago with the magistrate case, the arbitration case, and the subsequent settlement agreement was plenty of fighting for me already.   Since they finally did the right thing, I'm happy with the win. 

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5 hours ago, BV80 said:

You mentioned FDCPA violations.  If it’s an OC, there’s no FDCPA violations.

Yes, that's true.  Op said the "collection department", so I was thinking a collection agent, but if it was a true OC those violations would not apply.

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