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Citing FCRA when asking for removal of paid CO/CA

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hippychic823
Regular Contributor

Citing FCRA when asking for removal of paid CO/CA

I have some paid CO and paid CA that I am preparing to write GW letters for deletion. I would like to cite FCRA so I appear educated and informed lol. What is the FCRA guideline that states that creditors must report accurate information and the one that states that they may report and delete at their discretion? I feel like by citing these it may help my chances of deletion of the paid, adverse accounts. Thanks in advance Smiley Happy
Message 1 of 4
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Anonymous
Not applicable

Re: Citing FCRA when asking for removal of paid CO/CA

Sub Section 611 pertains to the inaccurate information and disputes thereof but as for their discretion in reporting or not reporting I do not believe FCRA covers that. If you are looking for a goodwill deletion of derogatory information I doubt quoting FCRA is the best route, admitting past mistakes informing them of the improvements you have made since the negative items occurred and your desire for better terms on future credit will probably serve you better.
Message 2 of 4
RobertEG
Legendary Contributor

Re: Citing FCRA when asking for removal of paid CO/CA

No statute can mandate human accuracy.  The FCRA thus does not require that all reporting be accurate.

FCRA 623(a)(1) states that it is a violation for a furnisher to report information that is knowingly inaccurate. 

It does not mandate that all information regarding an account must be reported.  Statements by creditors that the FCRA prevents their deletion of derogs because it mandates reporting of all information are simply inaccurate.

 

The only provision that mandates reporting is that once a furnisher has reported information, they thereafter have a requirment to promptly update that reporting so as to maintain its current accuracy.  FCRA 623(a)(2).

Thus, mandated reporting applies only to information that has been previously reported and changes such that it no longer is accurate.

 

Of course, deletion of information negates any obligation under section 623(a)(2) to update.

 

With all of that being said, I concur that citing the FCRA would not be my first approach.

Furnishers need not provide any basis for denying deletion, and lecturing, particularly in advance, that the FCRA does not preclude deletions does not place the consumer on any firmer legal basis.

To the contrary, if the deletion is based on payment of the debt, their credit reporting agreements with the CRAs instruct that they not make such deletions, so they are complying with their business agreement.

 

I would limit my GW request to reasons why the derog occured, and sympathy based on your particular cirsumstances......

Message 3 of 4
Anonymous
Not applicable

Re: Citing FCRA when asking for removal of paid CO/CA


@hippychic823 wrote:
I have some paid CO and paid CA that I am preparing to write GW letters for deletion. I would like to cite FCRA so I appear educated and informed lol. What is the FCRA guideline that states that creditors must report accurate information and the one that states that they may report and delete at their discretion? I feel like by citing these it may help my chances of deletion of the paid, adverse accounts. Thanks in advance Smiley Happy

Agree with RobertEG.

 

It's more important to sound contrite rather than sound confrontation when attempting a GW deletion.  If the information is accurate then the OC and CA are less likely to hear your plea if they feel the letter is adversarial in nature.  Just My Opinion. 

Message 4 of 4
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