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Established Member
LillyJilly
Posts: 14
Registered: ‎06-22-2012
0

Can CA refuse to delete if OC requests they update/delete account?

Hey everyone- I'm trying to get my first mortgage and found a few errors I'm getting fixed and attempting a couple of goodwills along the way.  I only needed 4 points to prequalify

 

So....I thought I had a big win when I got an agreement for a very recent collection to be removed.  Here's the situation:

 

OC- Apartment Complex where I currently live, sent me to CA for balance on a prior apartment move-out.  I'm currently in good standing at the Apartment Complex (lived here for 4 years) pay on time each month, etc.. Anyway, I had to move from one apartment to another due to a dangerous neighbor, lol.  Because I wanted to get out quickly, I decided to let the apt. complex repaint the walls (instead of me repainting them, etc)  So I moved within the same apt complex and had a small balance for repainting, replacing one blind, and a ceiling fan that stopped working, hmmm...) Anyway, they said I could pay it off a little at a time, I fell behind (stupid! stupid! stupid me!) and they sent it to collections.  I paid the full balance once the collection agency called me.

 

Fast forward to last week.  I called the Apartment Complex Regional Manager "Ms. D" who was super nice.  Ms. D. said the local office should NOT have sent me to collections, the past due amount from the apt move should have just been added to my current apt account, she can see  I'm a resident in good standing, and that I paid in full.   Ms. D has no problem deleting the account from my credit report.  I tell her, she needs to simply instruct the CA to update to all 3 credit bureaus- deleting my account.  She says no problem, she'll contact the CA.

 

The following week, I receive an email from Ms. D stating the CA "will not accomodate her request" to remove the information.  I thought it was possibly an issue of wording because Ms. D's letter to the CA (she attached it to an email she sent me) : "we would appreciate it if you would remove the collection that we placed on her account  from her credit report".   I told her the CA may have just misunderstood the wording and the rep maybe wasn't familiar with updating the credit bureaus.  I suggested she use the wording:  "Apt Complex Name is requesting that CA Name furnish all 3 credit reporting agencies with updated information *deleting* LillyJilly's account from the Credit Bureau Records"  Ms. D said she'd send my email to her "rep" at the CA and try again. Btw- Ms. D is clearly starting to get annoyed, and is backtracking a little, saying they don't usually do this, etc...:-(

 

My question:

 

1- if the OC instructed the CA to update my account by deleting it from the Credit Bureaus, does the CA have to comply?

2- if yes, is the letter from the OC (attached to my email) enough evidence to dispute the CA reporting with the Credit Bureaus? 

 

I was so excited to have this one taken off and now I'm discouraged it won't happen.   Sigh.

 

Any input is appreciated.  Thanks!

LJ

Established Member
LillyJilly
Posts: 14
Registered: ‎06-22-2012
0

Re: Can CA refuse to delete if OC requests they update/delete account?

BTW- Someone within the collection agency told me his company *would* delete at request of OC.  He said not to mention his name though b/c he'd get in trouble, lol.

Mega Contributor
RobertEG
Posts: 18,546
Registered: ‎03-19-2007
0

Re: Can CA refuse to delete if OC requests they update/delete account?

Yes they can refuse, as general practice.  Debt collectors are separately authorized to report the fact of their collection authority, and the OC is not a party to that reporting.

So, in general, the debt collector is not required to delete based on a request or "order" from the creditor.

 

However, that is in general.  Your situation is more specific.  Your creditor is apparently stating that the collection referral itself was inaccurate, not just that they wish or instruct the debt collector to delete otherwise accurate reporting.  You have, in fact, a situation of no delinquency now asserted by the creditor, thus no basis for collection on a non-delinquent debt.  No collection in fact.

 

I would secure a letter from the creditor clearly stating that the collection referral was in error, and that there was no delinquency upon which to base a collection.

Use that as documentation in a direct dispute to the debt collector (dont dispute thru a CRA, or that documentation will never get to the debt collector).

 

If they still do not delete, but rather verify the accuracy of their reported collection, just wander over to small claims court and file a civil action.

 


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