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So I had a baddie on my credit report for $75 at a doctor office. I called today to pay and they said they don't have this collection but they did in the past.
Its still showing from them so what do I do? Since they no longer have it can I request it be deleted on my CR? Even if it shows from someone else I just want this gone as I cannot even pay it!
If they no longer have it, they should delete. It's actually a good practice for them to do so. They would not have to take time and resources dealing with a debt they do not have collection authority and no vested interest in.
I would send a simple DV, even though it may be untimely, I've seen many debts in this same situation be deleted.
Their requirement under FCRA 623(a)(2) is to timely update any prior reporting so as to maintain its current accuracy.
if they no longer have collection authority, they are required to promptly close their collection and update the balance under collection to $0.
Termination of their collection does not negate the fact of their previous collection authority, and does not require that they delete that reporting.
I agree that deletion would most likely be prudent on their part, as it relieves any further obligation to review their prior reporting, and eliminates the chance of having to address any future dispute under the FCRA, but deletion is not mandated.
If they are no longer collecting on a debt, even if they receive a timely DV, they are apt to ignore it, as any cease collection bar would be irrelevant to them.
There is no requirement for response to a DV.
@RobertEG wrote:Their requirement under FCRA 623(a)(2) is to timely update any prior reporting so as to maintain its current accuracy.
if they no longer have collection authority, they are required to promptly close their collection and update the balance under collection to $0.
Termination of their collection does not negate the fact of their previous collection authority, and does not require that they delete that reporting.
I agree that deletion would most likely be prudent on their part, as it relieves any further obligation to review their prior reporting, and eliminates the chance of having to address any future dispute under the FCRA, but deletion is not mandated.
If they are no longer collecting on a debt, even if they receive a timely DV, they are apt to ignore it, as any cease collection bar would be irrelevant to them.
There is no requirement for response to a DV.
Actually, yes it does say they should delete the reporting. Even in their own handbook it states that if they no longer have collection authority, they "should" delete the entry. It doesn't say, must, or they have to, it says "should". So yes, it is semantics. Just as it says they "shouldn't" delete their entry for payment, it's not set in stone.
And this only makes sense. If you have a $50 collection that has been sold back and forth to 5 different CAs, should you be penalized with 5 different collection entries for one debt? I don't think so, plus it also causes confusion as to who owns the debt.
And I do agree with the DV not being timely that it doesn't create a collection bar on the account, but that's OK, they don't own it anyway and can't collect. I'm just saying from experience, that often in this situation, a DV has caused the debt to be removed because they simply don't want to drag a dead horse.
Hope this makes sense to you.
thanks guys.