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CFPB Compaint? HELP!

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Anonymous
Not applicable

CFPB Compaint? HELP!

Currently I have a collection on my credit report from SW Credit (Time Warner).  The debt was paid directly to Time Warner since when I called SW the girl lied to me and told me that if I pay them that she would send me a letter that I could send to the CRA's requesting the debt be removed.  I immediately called her on the misleading information that I can NOT remove anything from my credit reports.  Creditors are the only ones that can do this.  She then said no they would not remove it.  My question is since Time Warner says they can not get it removed (President's Office) should I file a complaint against SW with the CFPB for giving me misleading information?  I am getting ready to apply for a mortgage so I can't have any disputes on my credit reports.  I also can;t have anything derogatory outside of medical on my CR's for the downpayment assistance program.  This is the only thing that will hurt me.

Message 1 of 11
10 REPLIES 10
RobertEG
Legendary Contributor

Re: CFPB Compaint? HELP!

If she stated that she would send you a letter that you could use to pursue deletion with the CRA, then technically I dont see a lie.

Perhaps she was aware that the CRA policy is not to delete based on payment of the debt, but that would be tough to show as deliberate or misleading action

Any complaint to the CFPB would might assert improper action on their part, but I dont see mandated deletion of accurate information as being within the administrative authority of the CFPB, or in the interest of accuracy credit reporting.

 

You would more likely succeed by bringing civil action and obtaiining an equity finding by a court. 

Message 2 of 11
Anonymous
Not applicable

Re: CFPB Compaint? HELP!

Consumers can't have their own paid collections removed right?  If she told me I could to get me to pay then wouldn't that technically be lying to me?

Message 3 of 11
tufa4311
Established Contributor

Re: CFPB Compaint? HELP!


@Anonymous wrote:

Consumers can't have their own paid collections removed right?  If she told me I could to get me to pay then wouldn't that technically be lying to me?


That is correct, consumers can not remove any information from their credit report directly - that's not to say they can not file a complaint for incorrect infomation or errors but, again, the creditor would need to stop reporting it for it to be removed.

Regarding the potential lie - remember, a basis of "she told me so" would not be grounds to have correct information on your credit report removed. Two wrongs don't make a right. As mentioned, you perhaps have a civil route to take with the courts but that won't get the reporting removed.

 

Now, if you actually had the agreement to remove in writing, that I'm not sure about. Eventhough it falls into the same two wrongs don;t make a right concept, having it in writing may change things. Perhaps others can comment.

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Message 4 of 11
Anonymous
Not applicable

Re: CFPB Compaint? HELP!


@tufa4311 wrote:

@Anonymous wrote:

Consumers can't have their own paid collections removed right?  If she told me I could to get me to pay then wouldn't that technically be lying to me?


That is correct, consumers can not remove any information from their credit report directly - that's not to say they can not file a complaint for incorrect infomation or errors but, again, the creditor would need to stop reporting it for it to be removed.

Regarding the potential lie - remember, a basis of "she told me so" would not be grounds to have correct information on your credit report removed. Two wrongs don't make a right. As mentioned, you perhaps have a civil route to take with the courts but that won't get the reporting removed.

 

Now, if you actually had the agreement to remove in writing, that I'm not sure about. Eventhough it falls into the same two wrongs don;t make a right concept, having it in writing may change things. Perhaps others can comment.


Being verbal or in writing makes no difference. Both would carry the same evidentiary weight in court, as the creditors phone recordings would be discoverable evidence.

As for 'not being grounds to remove' - while thats technically correct, however when taking a creditor to court for violations, deletion of the reporting is often asked for and granted in leiu of potential monetary fines/damages. This would usually be achieved in a settlement prior to going to court.

Message 5 of 11
tufa4311
Established Contributor

Re: CFPB Compaint? HELP!


@Anonymous wrote:

@tufa4311 wrote:

@Anonymous wrote:

Consumers can't have their own paid collections removed right?  If she told me I could to get me to pay then wouldn't that technically be lying to me?


That is correct, consumers can not remove any information from their credit report directly - that's not to say they can not file a complaint for incorrect infomation or errors but, again, the creditor would need to stop reporting it for it to be removed.

Regarding the potential lie - remember, a basis of "she told me so" would not be grounds to have correct information on your credit report removed. Two wrongs don't make a right. As mentioned, you perhaps have a civil route to take with the courts but that won't get the reporting removed.

 

Now, if you actually had the agreement to remove in writing, that I'm not sure about. Eventhough it falls into the same two wrongs don;t make a right concept, having it in writing may change things. Perhaps others can comment.


Being verbal or in writing makes no difference. Both would carry the same evidentiary weight in court, as the creditors phone recordings would be discoverable evidence.

As for 'not being grounds to remove' - while thats technically correct, however when taking a creditor to court for violations, deletion of the reporting is often asked for and granted in leiu of potential monetary fines/damages. This would usually be achieved in a settlement prior to going to court.


Agreed, overlooked the recordings .

That said: "told me that if I pay them that she would send me a letter that I could send to the CRA's requesting the debt be removed" doesn't sound like a promise to remove or PFD, sounds like a consumer requesting the a reporting be removed, perhaps with a comment from the creditor or current debt holder - on what grounds? Depends what's in the letter I suppose.

 

Now, going back to the original question - and I don'k know the answer to this - could any promise/agreement between the debt holder and consumer to remove accurate reporting be held up in court? Yes, the debt holder can do it, but if they refused, but provided a letter stating they would, could the court order it to be done, eventhough based on regulations (or laws, I dk), it is not supposed to be removed?

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Message 6 of 11
Anonymous
Not applicable

Re: CFPB Compaint? HELP!


@tufa4311 wrote:

@Anonymous wrote:

@tufa4311 wrote:

@Anonymous wrote:

Consumers can't have their own paid collections removed right?  If she told me I could to get me to pay then wouldn't that technically be lying to me?


That is correct, consumers can not remove any information from their credit report directly - that's not to say they can not file a complaint for incorrect infomation or errors but, again, the creditor would need to stop reporting it for it to be removed.

Regarding the potential lie - remember, a basis of "she told me so" would not be grounds to have correct information on your credit report removed. Two wrongs don't make a right. As mentioned, you perhaps have a civil route to take with the courts but that won't get the reporting removed.

 

Now, if you actually had the agreement to remove in writing, that I'm not sure about. Eventhough it falls into the same two wrongs don;t make a right concept, having it in writing may change things. Perhaps others can comment.


Being verbal or in writing makes no difference. Both would carry the same evidentiary weight in court, as the creditors phone recordings would be discoverable evidence.

As for 'not being grounds to remove' - while thats technically correct, however when taking a creditor to court for violations, deletion of the reporting is often asked for and granted in leiu of potential monetary fines/damages. This would usually be achieved in a settlement prior to going to court.


Agreed, overlooked the recordings .

That said: "told me that if I pay them that she would send me a letter that I could send to the CRA's requesting the debt be removed" doesn't sound like a promise to remove or PFD, sounds like a consumer requesting the a reporting be removed, perhaps with a comment from the creditor or current debt holder - on what grounds? Depends what's in the letter I suppose.

 

Now, going back to the original question - and I don'k know the answer to this - could any promise/agreement between the debt holder and consumer to remove accurate reporting be held up in court? Yes, the debt holder can do it, but if they refused, but provided a letter stating they would, could the court order it to be done, eventhough based on regulations (or laws, I dk), it is not supposed to be removed?


Yes, this would be one of those 'gray areas' where one would have to claim the creditor was being deliberately misleading in their statements. You'd *probably* need a good lawyer who has successfully made such arguments before. Most of these kinds of cases get settled without going to court, because the creditors don't want to go into court and risk precedents going against them.

Message 7 of 11
Anonymous
Not applicable

Re: CFPB Compaint? HELP!

I kind of doubt I'm going to go through all that trouble of getting an attorney unless it stops me from getting my mortgage or DP assistance.  If it does then I will.  They even agreed that I should not be punished for 7.5 years when it was less that 2 months old when they sent it to collections.

Message 8 of 11
tufa4311
Established Contributor

Re: CFPB Compaint? HELP!

Yes, the other day I carried a firearm into a federal building - the detective on scene was really cool about it and promised me he wouldn't follow through with the report - he even sent me an email confirming it. A few days later I found out he did file the report and now the district attorney has laid charges on me. I'm just going to show the letter to the judge and he'll throw out the case. (apologies, I couldn't help it)

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Message 9 of 11
Anonymous
Not applicable

Re: CFPB Compaint? HELP!

Not really sure what point you are trying to make here... BUT,

If its meant to be an analogy, it doesn't quite fit. Your example is one of violating federal law and someone 'agreeing' not to report that fact (which is itself a potential violation of law), whereas credit reporting is not something 'required' under any laws - its a 'private' system established under various contractual agreements. Participants in the system are free to negotiate any contractual terms they wish.

Message 10 of 11
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