Topic: Breach?

[gowyo]

These fine folks I settled with are still reporting to the CRAs. The language of the settlement is "The parties have agreed to a settlement of which the amount, conditions, and terms of this Agreement shall be and shall remain confidential, except as to the lawyers for the parties and necessary business advisors.
All claims, cross-claims, or ancillary claims arising out of or relating in any way to the alleged matter in (case number) are jointly dismissed with prejudice by the parties."

Is them reporting to the CRAs a breach, FDCPA violation, and FCRA violation?

[cprems]

Did you specifically address the credit reporting?

Have they updated the trade line since the settlement?

I would fire off a dispute to the CRA and see if it gets deleted. If they verify the account, I would then do a 623 dispute to the CA.

If they produce anything, then file suit on a breach of settlement. You would have a new cause of action against them.

Without giving too much info, can you post a generalization of the settlement wording.

[gowyo]

Credit reporting was not specifically addressed in the stipulation for dismissal.

I disputed with one CRA and it came back updated. The status was updated to "paid,closed." Before I spent more of my allowance on CMRRR I wanted to make sure I wasn't tilting at windmills.

The only things I left out of my original post that are in the stipulation are that:

1. I deny any liability for the claims made in the litigation and it is a payment in compromise blah blah blah

and

2. Parties bear there own costs. 

So next steps are dispute with the other CRAs and if they verify as well, do a 623 dispute to the CA?

[cprems]

What about in the settlement agreement?

Any wording that states they will not disclose information to a 3rd party?

You may be in a catch 22 position. Hopefully others can help out.

Credit reporting was not specifically addressed in the stipulation for dismissal.

I disputed with one CRA and it came back updated. The status was updated to "paid,closed." Before I spent more of my allowance on CMRRR I wanted to make sure I wasn't tilting at windmills.

The only things I left out of my original post that are in the stipulation are that:

1. I deny any liability for the claims made in the litigation and it is a payment in compromise blah blah blah

and

2. Parties bear there own costs. 

So next steps are dispute with the other CRAs and if they verify as well, do a 623 dispute to the CA?

[gowyo]

Sorry for being confusing. There is no settlement agreement. They wouldn't sign a settlement agreement. The compromise was this stipulation.

The stipulation states:
1. The parties have agreed to a settlement of which the amount, conditions, and terms of this Agreement shall be and shall remain confidential, except as to the lawyers for the parties and necessary business advisors.

2. All claims, cross-claims, or ancillary claims arising out of or relating in any way to the alleged matter in (case number) are jointly dismissed with prejudice by the parties.

etc etc

[cprems]

You DID reach a settlement! Were the terms of the settlement written or oral?

Sorry for being confusing. There is no settlement agreement. They wouldn't sign a settlement agreement. The compromise was this stipulation.

The stipulation states:
1. The parties have agreed to a settlement of which the amount, conditions, and terms of this Agreement shall be and shall remain confidential, except as to the lawyers for the parties and necessary business advisors.

2. All claims, cross-claims, or ancillary claims arising out of or relating in any way to the alleged matter in (case number) are jointly dismissed with prejudice by the parties.

etc etc

[gowyo]

Well when you put it that way they were oral. We didn't discuss reporting to the CRAs.

[cprems]

Are you dealing with a CA or OC?

[gowyo]

CA

[cprems]

Was the alleged debt extinguished during the settlement?

Was it a mutual walkaway?

CA

[gowyo]

The alleged debt was extinguished during the settlement. I made a modest one time payment.

[cprems]

Then I would demand deletion of the trade line from the CA.

There is no reason to report.

I would email the Attorney and state something like - Per the agreement, this alleged, disputed debt was extinguished upon our mutual agreement. I now demand that you hold up your end of the bargain and delete this account. It appears that you are violating our settlement agreement by reporting this to a 3rd party.

Immediately remove said trade line. Give them 10 days to remove.

Failing that, I would investigate all my legal remedies, including arbitration of this claim.

The alleged debt was extinguished during the settlement. I made a modest one time payment.

[gowyo]

Thanks cprems! I'd much rather send them a letter in the form of a summons and complaint!