Alright, I had a vehicle repo'd a year ago. I ended up settling with a third party debt collector (Vengroff William & Associates) for 30% of the balance with the aggreement that AmeriCredit would update my report with all three CRA's as the account would be "paid in full".

I just got a message from my credit montioring service that there was a potentially negative update to my report. All three CRA's are showing charge-off and under the comments it shows, "profit and loss write off".

I never received anything in the mail from AmeriCredit but all correspondence was done from the debt collector (Vengroff William & Associates) who actually debited my checking account for the payment.

I have no idea who to go after now, AmeriCredit or the collection agency? Any help would be appreciated.

Lets move a credit reporting related item to the main credit forum for more views and responses.


and

Bump

What do you have in writing regarding the agreement?

I wrote the CA a Pay for Delete letter for a settlement of 30% of the balance. They came back with this:

"Please deem this letter as an instrument of settlement between Americredit, it's agent Vengroff Williams & Associates, and John and Jane Doe."

"Upon clearance of funds amounting to $XXXX.XX said debt will be considered settled in full among all parties. Let it be known that John and Jane Doe will be released of any further liability on account #XXXXXXXX regarding the above referenced debt."


This is the discouraging info:

"A final receipt will print 10 days after receipt of funds and information for updating the credit agencies will then be forwarded to you."

--I haven't received a receipt, or any further correspondence from them, and they will not take my phone calls. I call and get dispatched to an operator, ask for the rep that I originally spoke to and always sent to voicemail, without a return call. I call and ask for their supervisor and get sent to their voicemail and still don't get a return call after leaving messages.

bump

100% of collectors will lie 100% of the time.

And if you didn't get it in writing and signed by them, it never happened. What they sent you says nada about deletion.

Ok, I was expecting that but don't they (CA or OC) have to update it as "paid" even if they don't delete it? Or is there another angle of attack?

This not going to be easy as this is not a clear agreement for deletion. Verbal contracts are enforcable in most States. You could sue them in small claims court. You have a 50/50 chance of prevailing and the cost is very low. I would name them both in the suit. Before you file you will need to show the court that you made a reasonable attempt to resolve this before opting for small claims court. Therefore send a letter outlining the agreement as you understand it. Then ask them to honor the agreement. Given 30 days to respond. If they don't then take it to small claims court.

I don't see anything in writing about a deletion. OP can try taking a shot in small claims court but I don't see a "breach of contract" cause of action for a written contract. Doubtful that Plaintiff can establish that an oral contract existed.