Charge off Delete?

[heathuhhhhwebbbb]

If one credit bureau deletes something from your credit report, can the OC put it BACK on?

[Shogun]

Yes, they can.  But they just can't throw it back on if it was deleted through the dispute process.  They must validate the debt and the CRA must notify you in writing.

[heathuhhhhwebbbb]

Well when I had disputed it, I chose "other" and entered "Account is too old."  And thus it was deleted.  I'm just keeping my fingers crossed it won't be re-validated and show back up.  I recently wrote a PTD letter to them as well, so I hope that won't shake any trees and wake any sleeping giants.

[scarrollprint]

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@heathuhhhhwebbbb wrote:

Well when I had disputed it, I chose "other" and entered "Account is too old."  And thus it was deleted.  I'm just keeping my fingers crossed it won't be re-validated and show back up.  I recently wrote a PTD letter to them as well, so I hope that won't shake any trees and wake any sleeping giants.

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IF the debt was too old (well beyond the 7 years + 180 days from the DOFD - not the first MAJOR derogatory which would be a 90 or 120+ day late) then the CA/OC wouldn't be able to just add it on unless they changed a date or something.

If they change a date (say make it much more recent by a year or two) then they will be inline for some other issues - again doesn't make it legal, but they could try to do it.

Sending a PFD wouldn't really do much at this point as far are reporting - if its off your reports, what would they delete - at that point your only really offering to pay them to stop the collection calls/letters and if its still within the SOL to keep them from suing.

Once its off your reports and out of SOL the only obligation one has to a debt is a moral one. Some people say "if its off my reports and its out of SOL then why pay" I don't believe in that route as quite often you'll get something that will pop up at the least oportune time (when your apping for a mortgage or other big purchase) and they put it on to thwart you and put a hickup in your step. Granted I live in a state where the SOL for pretty much all debt is 10 years and some is 15 so I've never let anything just die away in fear of a judgement.

[heathuhhhhwebbbb]

Well they had "updated it" before I disputed the charge off with the most recent date being that of 2010.  Which I felt was wrong, since the original CO date was from 2006.  My state's SOL is 5 years.  The first 30 day late date was even earlier, which was 2005.  It was for First Premier (when I was young and dumb obviously).  What I meant about the PFD letter, was that I sent it BEFORE it was deleted.  So I'm thinking if they get the PFD letter, they will re-report the CO on my credit reports.

[Shogun]

SOL is different from CRTP.  However even with that, if it was from 2005 then you're probably OK, it sounds about right for deletion.

[heathuhhhhwebbbb]

So the OC can't just put it back without contacting the credit agency before? 

[RobertEG]

When you disputed the accuracy of their reporting, the resolution of your dispute had three possibilities.  One, they verify their reporting as accurat, two, they correct any inaccuracy, or three, if they dont do one or two, the reporting must be deleted based on lack of correction or verification.

However, lack of verification or correction is not absolute.  They can, at a later time, choose to provide verification of accuracy, and get it reinserted.

The reinsertion of information deleted due to lack of verification in a dispute process compels that they first provide a certification of accuracy to the CRA as a pre-condition for any reinsertion by the CRA,  If a request for reinsertion is received by the CRA, and they know it was previously deleted based on a prior dispute, the CRA is prohibited by statute from reinserting the information in your credit file until they have received and accepted a certification of accuracy.

If the CRA takes that action, you will know about it, as they are required to send you notice of such within 5 business days after they reinsert the information.

So it wont sneak up on you without your knowledge. 

As a practical matter, it is rare for a party to go through a precertification process just to have information reinserted.