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  1. #1
    Join Date
    Aug 2008
    Posts
    1

    Default Must a Collection Agency Honor a Pay for Delete Agreement?

    My question involves collection proceedings in the State of: Texas

    First I want to say this is a very helpful forum and I would appreciate any info I can get.

    I live in Texas and rented an apartment with a room mate. My room mate left, and I moved out as well breaking the lease agreement. The amount we owed was then sent to a collection agency.

    My room mate informed me she was in no way going to pay her half.

    Several months later when I had money to actually pay I contacted the collection agency and asked if they would agree to a written agreement for the following

    1. That if I paid half (50%) of the amount owed I would be released from the other half of the debt.

    and

    2. That they would delete the collection from my 3 credit reports.

    They agreed to this and sent a written (and signed) agreement to me that stated if I paid 50% I would be released from the other half of the debt, and that they would "completely delete" from the 3 credit reports.

    So I paid them 50%. After I paid the 50% they also sent a letter confirming payment and saying they would delete and that I was "released in full" from the other half of the debt.

    Now several months later the following has happened

    *They have not deleted from my credit reports

    *They are still reporting on my credit reports that I owe half of the amount

    I have disputed my 3 credit reports. One credit agency has deleted, the other two have not because the collection agency has validated what they are reporting to them.

    I have contacted the debt collector and they have told me that it doesn't matter what they agreed to - they can still report that I owe the other half and they do not have to delete.

    So my question is this - is this true? Or must they legally honor the agreement that they made with me?

    Also - I have a group legal plan from work that covers debt collection matters. I have never actually used this plan, but if they are legally required to honor this agreement would contacting a plan attorney be my next move?

    Thanks for any information!

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Must a Collection Agency Honor a Pay for Delete Agreement?

    You can sue them for FDCPA violations, FCRA violations, and for breach of contract. Get an attorney, and go for punitive damages under the FCRA.

  3. #3

    Default Re: Must a Collection Agency Honor a Pay for Delete Agreement?

    Agreed. Some group legal plans are good and some are not but start with having them write a letter. If it is the good one the advice and letter are free.

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