CO deletions

[dloza]

So I was wondering if this has happened to anybody and can let me know what to do. Credit One Bank told me over the phone they would delete the CO I had with them on CR if i faxed them a PIF letter from the collection company. I proceeded to do so and sure enough about 1 week later the items were deleted of my reports. Now all of a sudden it is showing up on my EQ report and I don't know what to do to have EQ remove it. I don't have anything from Credit One since the arangement was made over the phone and do not want to dispute since I am currently purchasing a home and don't want my report to be pulled before closing and a dispute show up. Someone please help.

[RobertEG]

The FRCA only regulates the reinsertion of previously deleted information if the information was deleted as the result of a dispute over its accuracy.

Private agreements over CR deletion are not a basis for restricting resinsertion of information.  Thus, any dispute would not be based on any violation of the FCRA.

A dispute with the CRA on the grounds of their agreement to delete based on payment of the debt would most likely not prevail.

The CRAs have a written policy that information is not to be deleted based on payment of the debt.  To ask them to intervene would be to ask them to support you in enforcement of an agreement that is against their own policy.

Its a matter of trust and integrity by the creditor.  I would get the name of a managment official and contact them.  Unless they have a compelling reason, it is a matter of their integrity that will most likely be of more concern to a mid to upper level manager than to supervisors.

[2NE1]

@RobertEG

I disputed late payments from two student loans that showed lates of 60+ and 90+ days back in 2009. EQ mailed me back the results saying "payment history removed" - something along those lines. I recently checked my EQ report and saw that the lates (I guess were reinserted?) are showing up on my CR! what does this mean? EQ investigated and verified those lates were wrongly placed on my CR and removed them... but now it has popped up again. Should I fax them the results to get EQ to removed those lates again?

[RobertEG]

Once information has been deleted as the result of the finding in a dispute that it either was inaccurate or could not be verified, then any party requesting reinsertion must include with their reporting a "certification of accuracy of the information."  FCRA 611(a)(5)(B).

It is then up to the CRA to rule on the adequacy of that certification by accepting the showing "that the information is complete and accurate."

If the CRA accepts the certification and reinserts the information, they must provide you written notice of their reinsertion with 5 business days after their reinsertion.

If you had information that was deleted as a result of the dispute, and it reappears in your CR without notice from the CRA of their reinsertion, the CRA has violated FCRA 611(a)(5)(B).

Send them a complaint (not a dispute) of their violation of the FCRA, and request immediate deletion of the reinserted information as having improperly been reinserted without compliance with section 611(a)(5)(B).

[2NE1]

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@RobertEG wrote:

Once information has been deleted as the result of the finding in a dispute that it either was inaccurate or could not be verified, then any party requesting reinsertion must include with their reporting a "certification of accuracy of the information."  FCRA 611(a)(5)(B).

It is then up to the CRA to rule on the adequacy of that certification by accepting the showing "that the information is complete and accurate."

If the CRA accepts the certification and reinserts the information, they must provide you written notice of their reinsertion with 5 business days after their reinsertion.

If you had information that was deleted as a result of the dispute, and it reappears in your CR without notice from the CRA of their reinsertion, the CRA has violated FCRA 611(a)(5)(B).

Send them a complaint (not a dispute) of their violation of the FCRA, and request immediate deletion of the reinserted information as having improperly been reinserted without compliance with section 611(a)(5)(B).

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Yes, that is what happened... EQ hasn't sent me any letter/notice of the reinsertion. Those student loans shouldn't be under "negative accounts" because their payment history was removed after they investigated and verified their accuracy. Is there a sample letter/complaint that I can send EQ of their FCRA violation??

Thanks!

[RobertEG]

This is a complaint of your failure to comply with the provisions of FCRA 611(a)(5)(B) based on your reinsertion of information into my credit file.

The information (  ) was deleted from my credit report on or about (  ) based on my dispute filed ( ).

Under the provisions of section 611(a)(5)(B), the information “may not be reinserted in the file by the consumer reporting agency” unless the furnisher has provided a certification of accuracy, and the credit reporting agency has accepted that certification.

As notice of compliance with that process, you were required under section 611(a)(5)(B)(ii) to have sent me written notice within 5 business day of that reinsertion.

I have received no such notice.  Accordingly, the reinsertion of this information was not in compliance with section 611(a)(5)(B).  I request immediate deletion of this information from my credit file.