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Regular Contributor
JellyFish
Posts: 245
Registered: ‎06-03-2009
0

Can a deleted item be put back on my credit report?

Just received SW alert that an item had been updated on my credit report. The problem is this item had been disputed and deleted from my credit report. Can it be put back on my credit report?

Starting Score: 615 EQ (1/1/10); 655 TU (12/31/09); 604 EX (10/20/09)
Current Score: 660 EQ (10/29/10); 676 TU (LO pull 4/21/10); EX 666 (LO pull 9/21/10)
Goal Score: 780


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Senior Contributor
smallfry
Posts: 4,831
Registered: ‎04-20-2007
0

Re: Can a deleted item be put back on my credit report?

Depends on how it came off. For example if you disputed a collection and the CA could not verify and the CRA took it off you would have had to be notified by mail it was being reinserted.
New Visitor
shorty6886
Posts: 1
Registered: ‎03-28-2012
0

Re: Can a deleted item be put back on my credit report?

I actually thought the same. That once removed its removed. Now,  i mailed a debt validation to a CA and in return they provided me with a letter stating, "That this item will be removed from all three National Credit Agencies. Its been about  a month since the this negative item has been removed and this item has been reinserted on my credit report but with a different CA. i was never notified that this item would be reinserted.

 

Also, my truck was repo'd back in January 2007 and the dealership reported it as late 1 month ( December, 2006). It was finally removed in 2009 the 30 day late.  It was placed back on my credit report after 4 years as repo'd 12/2010; paid, closed and they have an address identification number that isnt on my credit report and when i called to dispute it, they told me it was an address that was removed 4 years before i bought the truck. This is obsurd!!!

 

I absolutely dont understand the protcols that the CRA's are required to follow up. This is true unethical and damaging; inaccurate and incorrect information.l

 

Does anyone have a suggestion? How to rectify the reinserts of these negative items?

Mega Contributor
RobertEG
Posts: 18,558
Registered: ‎03-19-2007
0

Re: Can a deleted item be put back on my credit report?

The legal restrictions against the reinsertion of previously deleted information are covered by FCRA 611(a)(5)(B), and apply only to those situations where the information was previously deleted based on a finding in a dispute that the information was inaccurate, incomplete, or could not be verified.

 

If that situation applies, then the party requesting reinsertion must provide a "certification of accuracy" to the CRA, certifying that the information is, in fact, "complete and accurate."

The CRA rules on the adequacy of such certifications.  If the CRA accepts the certification, they can immediately reinsert the information.  However, they must, within 5 business days of their reinsertion, send you written notice to that effect, and notice that you have the right to place a statement in your credit file disputing the accuracy and completeness of the information.

 

Bottom line is that if the information was deleted as a result of a prior dispute, and either the furnisher did not provide the required certification to the CRA, or the CRA did not provide you notice of their reinsertion, then the reinsertion was a violation of section 611(a)(5)(B).

Moderator Emeritus
llecs
Posts: 32,869
Registered: ‎08-04-2007
0

Re: Can a deleted item be put back on my credit report?


shorty6886 wrote:

I actually thought the same. That once removed its removed. Now,  i mailed a debt validation to a CA and in return they provided me with a letter stating, "That this item will be removed from all three National Credit Agencies. Its been about  a month since the this negative item has been removed and this item has been reinserted on my credit report but with a different CA. i was never notified that this item would be reinserted.

 

Also, my truck was repo'd back in January 2007 and the dealership reported it as late 1 month ( December, 2006). It was finally removed in 2009 the 30 day late.  It was placed back on my credit report after 4 years as repo'd 12/2010; paid, closed and they have an address identification number that isnt on my credit report and when i called to dispute it, they told me it was an address that was removed 4 years before i bought the truck. This is obsurd!!!

 

I absolutely dont understand the protcols that the CRA's are required to follow up. This is true unethical and damaging; inaccurate and incorrect information.l

 

Does anyone have a suggestion? How to rectify the reinserts of these negative items?



The FDCPA doesn't bar the CA from selling the debt to another. That new CA can collect and/or report if they wanted to; there's no law that bars them from doing so and notification isn't needed. The re-insertion rule mentioned above applies to OCs/CA/whatever re-reporting after a dispute with the CRA results in a deletion, at which point the FCRA applies and the CRA must notify you. In your example, the FCRA doesn't apply as far as re-reporting goes.

 

Per the repo, the address doesn't matter. What does matter is how it reports. When was the truck paid after the repo? If not paid, when was it sold to a CA? They can report lates every single month post-repo if the debt had not been paid. They can report lates monthly up to the point they sell the debt or you pay it off. The 30-day late never hurt because of the repo (well, it probably only hurt for one month leading up to the repo). If the debt had not been paid as of 12/2010, then they can still mark you late for that month. If it was paid or the debt sold prior to 12/2010 then they are mis-reporting. Re-dispute with a copy of the final payment or pay off letter showing the payment and they'll have to remove that for you.

 

 


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