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Called to pay a debt, but they dont have it?

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C_DUBYA
Regular Contributor

Called to pay a debt, but they dont have it?

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!

Starting FICO8 June 2017: EQ: 514 - EX: 491 - TU: 521 Pre-BK7
Current
FICO8 March 2023: EQ: 703 - EX- 680 - TU: 671
Message 1 of 5
4 REPLIES 4
Shogun
Moderator Emeritus

Re: Called to pay a debt, but they dont have 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.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 2 of 5
RobertEG
Legendary Contributor

Re: Called to pay a debt, but they dont have it?

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.

Message 3 of 5
Shogun
Moderator Emeritus

Re: Called to pay a debt, but they dont have it?


@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.

Starting Score: 504
July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!

June 2017 update: All scores over 820, just pure gardening now.
Message 4 of 5
C_DUBYA
Regular Contributor

Re: Called to pay a debt, but they dont have it?

thanks guys.

Starting FICO8 June 2017: EQ: 514 - EX: 491 - TU: 521 Pre-BK7
Current
FICO8 March 2023: EQ: 703 - EX- 680 - TU: 671
Message 5 of 5
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