Collection Reappeared with new Collection agency after being removed

[Cynthia1123]

Hello everyone,

I have a collecition acct that was removed from Experian and Transunion back in October 2014 and it's now appearing again on Equifax and Experian. I called Experian to explain to them that it was the same collection just under a different name and now $1 higher and they said that they have the right to sell the collection and the reason why it was deleted initially was because they passed thirty days without responding which is false, they responded within a week.

The initial amount was for $406 and now it's $407, my question is can they do this??

What should my next step be??

I appreciate any advice, thanks

[Rebuilding69]

Yes they can and will keep reselling the debt. Whether they can sue or list the account on your cr depends on the dofd.

Deletion of an unpaid debt while inside the reporting period only applies to the CURRENT owner of the debt. It can be resold & relisted at any time durinf that period.

This debt will keep followinf you. Pay it.

[Rebuilding69]

Forgot to mention you can try the hipaa method if you want to try that to get rid of it.

[Rebuilding69]

Somehow i thought this was medical debt, disregard the hipaa comment.

How do you know the ca responded to the cra in 2 weeks? Was it a 2 week turnaround on the dispute?

Wish I could edit posts on mobile.

[RobertEG]

If any information is deleted from a consumer's credti report as a result of lack of verification in a dispute, the FCRA places specific limitations on its reinsertion.

See FCRA 611(a)(5)(B).

In a nutshell, any party reporting reinsertion of the deleted information, and not just the party who previously reported the information, must include with their request for reinsertion a Certificatin of Accuracy of the unverified information.

Absent such an accompanying certification of accuracy, the CRA is barred from reinserting the information.

If the CRA does reinsert, they must send the consumer written notice of such within 5 days after they have reinserted.

If information that was deleted as a result of a prior dispute is reinserted and you did not get notice from the CRA as such within a week or so, then the CRA is in violation, and you can file a dispute or complaint with them. 

In fairness to the CRA, if the furnisher did not advise the CRA when they reported their collection of its prior deletion, the CRA would not know of their requirment to check first for the required certification of accuracy, so it would be prudent when disputing/complaining to the CRA to include a copy of your Notice of REsults from the prior dispute as evidence that section 611(a)(5)(B) applies to the reinserted collection.

[Cynthia1123]

Thanks Robert, I am confused, I never recieved a notice from Experian for re-insertion and they told me by phone that they could do that. I am lost.