Stubborn OC

[Curtis]

I have another problem with a CA and OC that is not working out.

Bottom Line: I did a pay-for-delete and they didn't delete it.


I had a $77 electric bill that I forgot to pay because I moved out of the place and didn't get it until 3 months later at my new place. It went to collections and I tried doing a pay for delete through the CA, but they always said "Pay us first and we will work something out." Yeah right! So I ended up calling the OC. I got to some supervisor high up that was really nice. She said the OC would have the CA delete the collection from my report. So I paid the OC and they sent me a letter stating, This debt is to be removed from CRAs, explicitly saying to delete it not just mark it paid. She said this letter was also sent to the CA. I have called the CA several times and they refuse to say anything about the letter. So I faxed it to them at least 3 times on different days. I finally got someone to say they recieved it, but they will not delete it because they say the OC can not tell them to delete it!! That makes no sense to me. I know they are mad because I went behind their back and paid the OC, but I have a signed letter from the OC saying to delete it.

I have tried contacting the lady from the OC that I talked to, but she is never there. I have left at least 1 message a week for the last 3 months and she will not respond and no one else seems to have her authority to delete items. Im sure she is avoiding me.


What should I do?



Thank you!

[Lian]

Unfortunately, the debt collector is correct.

Once a debt collector has been assigned collection authority, they have the right to report that authority to the CRAs. Whether or not they choose to report is their decision.

The OC is not the reporting party, and has no authority to delete the information or to promise a consumer that actions will be taken over which they have absolutely no authority.

A party can only agree to effect deletion of reporting that they made, and not the reporting made by another party. The OC simply promised what they had no authority to promise, and thus their "promises" cant serve as the basis for disputing the lack of deletion by the debt collector.

Since the CRAs have a firm policy that it is improper for a furnisher to delete prior, accurately reported information based on later payment of the debt, I doubt very much if the CRA will come to your defense and attempt to enforce a practice that their own guidelines specifically prohibit.

You simply received inaccurate information from the OC.

[Curtis]

Thanks for the info. I was lied to so I would pay them, and I fell for it.


So is there anything I can do now? Will the 1 2 punch work or is it too late?

[Lian]

You're asking the wrong person for advice on the so-called 1-2 punch process, as I dont subscribe to the assumptions upon which it is based.
Additionally, since the debt has now been paid, their is no debt remaining to validate. The collection account is (or should now be) closed, and reporting a $0 collection balance.

I would use the misrepresentation by the OC as the basis for a renewed plea to the debt collector to consider a good-will exception based on facts represented to you by their contractee, the OC. I would hope that would carry some weight.