Author Topic: Pay for Delete is Illegal  (Read 14441 times)

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Flyingifr

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Pay for Delete is Illegal
« on: January 19, 2006 02:48:47 PM »
How many times have we heard THAT line? The fact is, it is a blatant lie, and if uttered by a CA or a JDB is an immediate FDCPA violation, so get those tape recorders running.

The facts are this: Fair Credit Reporting Act does not even mention a PFD. Neither does FDCPA nor any other law - federal or state. It is a matter of agreement, not law.

Speaking of agreements, collectors may retreat and say it would violate a contractual agreement they have with the CRA's not to PFD. That may be the case, I have never seen that provision of the contract and it is highly unlikely I ever will. The mantra is a universal response on CI.com - almost as instinctive as a dog barking at the mailman.

Even if it is a contractual agreement with the CRA's not to grant a PFD, there is no law that states that they MUST respond to a CRA inquiry. FCRA does state that when a consumer disputes a TL and the source of that TL does not verify it, the TL must be deleted. THERE is the way to get a PFD, but GET IT IN WRITING - that the creditor agrees not to communicate in any way with any CRA about this debt, even in the event the consumer (you) disputes it.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

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foolsmission

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Re: Pay for Delete is Illegal
« Reply #1 on: January 24, 2006 05:33:40 AM »
Here is the exact text of a major bank deleting a recent derog from my loan history. Gee I wonder how many laws they broke.LOL

Although I was unable to PROVE I'd made the payment on time I stated MY side in a letter to Corporate through Planet feedback.

Dear Mr. Foolsmission:

Big Bank recently completed an internal adjustment to your credit profile. Your payment history has been corrected to reflect paid-as-agreed for the month of December, 2005.

Additionally, we have requested that each of the four consumer credit agencies to which we report (Experian, Innovis, TransUnion, and Equifax) delete any and all derogatory data detailed under this account for the December 2005 payment. It has been our experience that this process will take an average of 30 days to update. Please feel free to use this letter in the interim as evidence that the corrections are in process.

We apologize for any inconvenience this situation may have caused you, and we hope this matter has been resolved to your satisfaction. If you have any questions regarding your loan status or the data reported under this account, please contact me directly at (800)xxxxx, ext. xxxx.
Sincerely,


My secret?
I vollunteered to use Auto-Payment if they saw things my way.

JunkBuyers WorstNightmare

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Re: Pay for Delete is Illegal
« Reply #2 on: July 30, 2006 03:13:49 AM »
I have my recorder running before the phone drone even picks up on the other end.  ;)

Pablo

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Re: Pay for Delete is Illegal
« Reply #3 on: July 21, 2008 06:08:24 AM »
I have some questions:

I thought the OC did the reporting not the CA to the CRAs, is that correct?  Perhaps if it's a DB then they would report it right? 

How do you get a good phone recorder?
"Another day, another life / To feed with all that I call mine / Is what it takes, so I go out tonight / Shining lights of crossing cars / An open sky, a million stars / They open up my eyes and this is just because / I feel, I feel so alive"  ~ "Feel Alive" - ATB

Imaputz-85a

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Re: Pay for Delete is Illegal
« Reply #4 on: July 21, 2008 10:50:35 AM »
Roxcyn,

Most collection agencies bigger than a mom & pop shop do their own credit reporting. Most original creditors smaller than a credit card or bank do not do their own credit reporting.

Pablo

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Re: Pay for Delete is Illegal
« Reply #5 on: July 23, 2008 03:25:35 AM »
Well Verizon, Verizon Wireless credit report & they send them to CAs which don't...then there is direct TV who does its own reporting...then there are the DBs, shall I go on? ;).  Basically there are LOTS of companies that do credit reporting and send it off to collections...

Now anyone to tell me about a good phone recorder? :D
"Another day, another life / To feed with all that I call mine / Is what it takes, so I go out tonight / Shining lights of crossing cars / An open sky, a million stars / They open up my eyes and this is just because / I feel, I feel so alive"  ~ "Feel Alive" - ATB

Rottweiler

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Re: Pay for Delete is Illegal
« Reply #6 on: July 23, 2008 04:00:21 AM »

Now anyone to tell me about a good phone recorder? :D

I am sure that codename_V would be glad to steer you toward a good one.  In fact, see his sig (he might have one for sale).  :)
“This is a court of law, young man, not a court of justice."
~ Olver Wendell Holmes

itsmeagain

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Re: Pay for Delete is Illegal
« Reply #7 on: July 24, 2008 06:25:01 PM »
Pardon my ignorance . . . what is a "DB"?

maylaur

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Re: Pay for Delete is Illegal
« Reply #8 on: July 24, 2008 06:27:09 PM »
Pardon my ignorance . . . what is a "DB"?

DebtorBoards
Anything I post is from my own personal experience, and might not apply to your own situation. 
I do not offer legal advice; for that, please consult a lawyer.

itsmeagain

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Re: Pay for Delete is Illegal
« Reply #9 on: July 24, 2008 07:16:03 PM »
Hmmmmm . . . still confused  ???

I suppose I should have directed this question to roxcyn.

Rox; I have seen several posts by you recently (including this thread), that used the expression "DB" when writing about credit bureaus and CA's.  For example;
Quote
Well Verizon, Verizon Wireless credit report & they send them to CAs which don't...then there is direct TV who does its own reporting...then there are the DBs,

Are you referring to Debtorboards??

Imaputz-85a

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Re: Pay for Delete is Illegal
« Reply #10 on: July 24, 2008 07:54:41 PM »
I believe Roxy is referring to debt buyers.

Of course, most people would only recognize them by their formal acronym of JDB, or joyful debt buyers. No, that's not right. Jubilant debt buyers. No. hmmm... Jovial debt buyers. No.

Well, it's something like that.

itsmeagain

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Re: Pay for Delete is Illegal
« Reply #11 on: July 24, 2008 09:41:29 PM »
OH! . . . you mean Justacottonpickinscumsuckinbottomfeedin Debt Buyer (JDB) . . .  :vbrofl:

Thanks

EB Joe

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Re: Pay for Delete is Illegal
« Reply #12 on: July 25, 2008 10:41:19 PM »
Yeah, what itsmeagain said!

And I found that Fred Meyer (Which might be Kroger where you are) is the only one I've seen with a digital recorder with a line-in for the telephone part.  I think it was 50 bucks, but since I've never had someone call me back after telling them to FOAD, I have never bought one.

Pablo

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Re: Pay for Delete is Illegal
« Reply #13 on: July 26, 2008 05:14:44 AM »
OH! . . . you mean Justacottonpickinscumsuckinbottomfeedin Debt Buyer (JDB) . . .  :vbrofl:

Thanks

OOps!   :-[  I forgot we used the abreviation of JDB...I just think of them as debt buyer cos that's what they are..they buy debts ;)....but I will remember next time to do JDB :).
"Another day, another life / To feed with all that I call mine / Is what it takes, so I go out tonight / Shining lights of crossing cars / An open sky, a million stars / They open up my eyes and this is just because / I feel, I feel so alive"  ~ "Feel Alive" - ATB

Pablo

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Re: Pay for Delete is Illegal
« Reply #14 on: July 26, 2008 05:16:10 AM »
Yeah, what itsmeagain said!

And I found that Fred Meyer (Which might be Kroger where you are) is the only one I've seen with a digital recorder with a line-in for the telephone part.  I think it was 50 bucks, but since I've never had someone call me back after telling them to FOAD, I have never bought one.

Wow...I never saw that would it be on eBay perhaps?  I never saw it at Fred Meyer/Kroger unforunately, and what does FOAD stand for? 
"Another day, another life / To feed with all that I call mine / Is what it takes, so I go out tonight / Shining lights of crossing cars / An open sky, a million stars / They open up my eyes and this is just because / I feel, I feel so alive"  ~ "Feel Alive" - ATB