Collection account back after it was disputed and dropped

[pat2franklin]

ok I had posted earlier last week about a medical collection that messed things up for a mortgage loan, I disputed the collection account as not mine and it dropped off, and I applied through the USDA for a loan well it came back, the USDA lady said call Equifax, so I did I asked the guy what was going on with the collection account I had disputed the collection and you people deleted it from my account, he stated to me that it was a new account, I thought that meant they sold it to another collection agency, well after checking the reports low and behold its the same company listing the collection after I had disputed it and they could not prove it was mine, how can they list this as a new account when they could not prove it was mine in the first place????

little help as to what i can do here???

[guiness56]

If a TL is removed due to a dispute and the reinserted by the same CA, the CRA has 5 days after the reinsertion to notify you.

If they have not done this it is a violation of the FCRA.

[pat2franklin]

Ok I just called Equifax and tried to explain to the guy that it was the same account that they had deleted the first time and it should not be on there, he stated to me that he had no control over it, it was the collection company putting it on there and Equifax couldn't do anything about it, I needed to contact the collection company to get it off there, I proceeded to explain to him that Equifax was in violation of the FCRA for not notifying me in the 5 days that they were putting the same account they had investigated and deleted back on the my credit report, I really don't think this guy had any idea what was going on, I asked to talk to a supevisor and convenietly he could not find one.........so, I'm at wits end here, I need this thing permantely deleted off my report so it doesn't pop up everytime i try to apply for a loan, I don't want it ever to come back, what are my next steps here, how can I make this thing go away?????

[guiness56]

This is what the FCRA says about deletions and reinsertions:

Requirements Relating to Reinsertion of Previously Deleted Material

(i) Certification of accuracy of information. If any information is deleted
from a consumer's file pursuant to subparagraph (A), the information
may not be reinserted in the file by the consumer reporting agency
unless the person who furnishes the information certifies that the
information is complete and accurate.

(ii) Notice to consumer. If any information that has been deleted from a
consumer's file pursuant to subparagraph (A) is reinserted in the file, the
consumer reporting agency shall notify the consumer of the reinsertion
in writing not later than 5 business days after the reinsertion or, if
authorized by the consumer for that purpose, by any other means
available to the agency.

(iii) Additional information. As part of, or in addition to, the notice under
clause (ii), a consumer reporting agency shall provide to a consumer in
writing not later than 5 business days after the date of the reinsertion

(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information
contacted and the telephone number of such furnisher, if reasonably
available, or of any furnisher of information that contacted the
consumer reporting agency, in connection with the reinsertion of
such information; and

(III) a notice that the consumer has the right to add a statement to the
consumer's file disputing the accuracy or completeness of the
disputed information.

(C) Procedures to prevent reappearance. A consumer reporting agency shall
maintain reasonable procedures designed to prevent the reappearance in a
consumer's file, and in consumer reports on the consumer, of information
that is deleted pursuant to this paragraph (other than information that is
reinserted in accordance with subparagraph (B)(i)).

I would make a copy of the report is was on, the letter they sent showing it was deleted, a copy of the report showing it was deleted and a copy of the report showing its reinsertion.

Quote the above references.  Let them know you were not notified of the reinsertion and ask them to remove it.  If they do not, I would file complaints with your AG, the BBB and the FTC.

And the full reference is FCRA para 611.