If you have it in writing from the collection agency, they are the ones who should delete.
If you do have it in writing, when you send the payment (by money order or cashiers check, never by personal check) you should send it by certified mail return receipt.
After you get the green card back from the mailing, send disputes to the CRA's. The collector should not verify the dispute (if they plan on holding up their end of the agreement) and the trade lines should be deleted.
If you are paying the full amount or only a portion of the amount, make sure that you have it in writing from them that the debt is considered paid in full. (collectors have been known to sell the remaining portions of debts and they have also been known to sell debts that have been paid in full - collectors are NOT to be trusted)
It would be your decision to pay or not if they claim they won't delete.
If you are out of the collecting SOL you have a legal right to not pay and to inform them the debt is no longer legally collectible. You also have a SOL defense if they should sue.
If you are still within the collecting SOL you would have to consider the fact that they might sue if you don't pay.
But if they have violated your rights in their collection attempts or in how they report, you would be able to file counter claims against them if they should sue.
Again, it would be your decision, though many collectors will agree to delete if that means they will be paid.
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Pookabun - if a person is past the collecting SOL and informs the collector of that fact, the collector may not delete on their own. (though they have been known to at one time or another)
The person would then have to attack the trade line for any inaccuracies that are reporting.
I'm not say that collectors "always" reports inaccuracies, but that is "usually" the case.
And the ones that "usually" report inaccurately, "usually" fail to correct and either delete (which happens, but not often) or they verify.
If it's verified, then the person would have to step it up and file complaints with the BBB, FTC, their AG and the collectors AG. Then dispute with the CRA's again.
If it's verified again, then the person could send an intent to sue or go ahead and file suit against them for violations in reporting and possibly for damages (if the person can prove that the trade line was the reason for being denied credit, etc)
After receiving the intent to sue, the collector may come back with the offer to delete if no suit would be filed.
If a suit is filed, they may come back with the offer to delete if the suit is dropped
If a person is past the collecting SOL and wants to pay, after sending a debt validation letter and receiving proper validation, they should send a pay for delete letter and include requesting to pay a portion of the amount as payment in full. They should also make the comment that the account has passed the SOL for collecting and offer a much reduced amount.
Since the person is past the collecting SOL and has made it known to the collector, the collector may take them up on the offer since it would be the only way they would probably ever see any money on that account.
Keep in mind that nothing is set in stone, what may work for 99 people may not work for the 100th.
Or what may work for 1 person may not work for 99 others. Such as the woman, who knew her rights and used them, recently won a 6 figure settlement from a collection agency for violating her rights. (that high of a settlement is generally not the norm)
A person should definately do as much reading as they can in the FDCPA, FCRA and they should never overlook their own states statutes.
There are also a number of "free" discussion sites that have excellent data bases of statutes, case laws, examples of what others have been through, letter templates, etc., etc., etc.
And have members that devote their free time to discuss situations.
(if a site "ever" requests money for "anything" that site should be left in the dust, as there are quite a few sites that would not even consider requesting money for anything on the site)
uhh, sorry, got a little chatty here.
2007-06-01 22:41:42
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answer #1
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answered by echo 7
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Boy I particular do become bored of correcting the advice from those so-talked approximately as experts. Zeebo is authentic in asserting that it does you no sturdy to have an merchandise listed as "paid" because of the fact it is going to nonetheless replicate collections or overdue money. till the creditor is of a similar opinion IN WRITING to DELETE the get entry to, then paying it off does you no sturdy. you would be dropping you cash. yet Zeebo's (and others) nonetheless provide incorrect suggestion with regard to the reporting era. And for somebody claiming to rfile for a credit bureau i'm surprised on the shortcoming of coaching they provide their workers! Please open your books to the honest credit Reporting Act section 605, which for sure states that the reporting era for expenditures is 7 years, beginning up from the day of the delinquency. no longer the date of final interest. no longer the day of the final charge. no longer the can charge off date. So in the experience that your expenditures are previous, and the creditor isn't prepared to delete the get entry to, then i might merely look ahead to the reporting era to expire.
2016-12-30 13:54:12
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answer #2
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answered by montogomery 3
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Echo... so if doesn't pay the debt because it's past the statute of limitations, what are the chances they'll agree to doing the deletion? Can they be forced to do it? (deletion meaning having it wiped from your credit report?)
2007-06-02 05:54:28
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answer #3
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answered by Pooka 4
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