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Credit Watch collections is Violating my rights?

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Dishpro
Regular Contributor

Credit Watch collections is Violating my rights?

On April 24th I received an alert from ScoreWatch and I immediately investigate. Low and behold I have a new account. It's a collection from 04 Redflex. A company that contracts with city governments to set uo red light cameras. They will take a picture of a violator, along with a shot of the license plate number. Back in August of 2010 they had my Navigator running through a red light. At that point in time I had just sold the vehicle to a friend, so it wasn't my responsibility. I never received notice anytime after it happened. Until last month their collection agency hit my CR with this collection for $100. They reported to TU and EQ which dropped my scores almost 100 pts. I immediately filed a dispute online at Equifax and TU. It only took 3 weeks to hear back from EQ stating that it has been deleted. The TU dispute was never submitted properly so the collection remained on my TU report. I will call the CA and ask them to remove it from my TU trade line. Since they just deleted the same info from my EQ do they have to remove it from my other credit reports? Need to know hoe to handle this. Thank you.
 

Starting Score:
585
Current Score: FICO TU 725 FICO EQ 735 EX 754
Goal Score: 850


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Message 1 of 6
5 REPLIES 5
guiness56
Epic Contributor

Re: Credit Watch collections is Violating my rights?

The issue is with the city and not the CRAs.  You need to go in and prove you sold the vehicle and it was not in your possession at the time.  They go by the last registered person so until you prove otherwise it can stay on your report.  Once you prove it wasn't your vehicle any longer they should have them removed from your CR.

 

They don't have to delete it unless it cannot be verified.  Even if it is deleted though a dispute, if anyone tries to put it back on your report, which can happen, the CRA would need to certify it was valid then notify you within 5 days.

 

There is no law that requires you to be notified before placing a TL on your CR.

 

Message 2 of 6
Dishpro
Regular Contributor

Re: Credit Watch collections is Violating my rights?

My concern and question is really this, I have already disputed the collection through EQ and it came back deleted from my credit report. I had disputed it with TU at the same time but TU has no record of the dispute. The collection is still being reported to my TU report and is no longer reporting to my EQ report. My question is since it has been disputed and deleted on EQ do you think that a phone call to the CA will be successful in having the collection removed from TU since they have already deleted it from EQ?

 

Starting Score:
585
Current Score: FICO TU 725 FICO EQ 735 EX 754
Goal Score: 850


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Message 3 of 6
guiness56
Epic Contributor

Re: Credit Watch collections is Violating my rights?

You can try. 

 

But the way a dispute through the CRAs works doesn't mean the CA deleted it.  It means that the CRA could not verify it.  If that is the case and you contact the CA it could end up back on all of the reports.

Message 4 of 6
Dishpro
Regular Contributor

Re: Credit Watch collections is Violating my rights?

I don't know, I have disputed a few baddies in my day and I have never had one come back after a CRA has deleted from the the file. I think that if it removed by dispute through a CRA it is gone for good. The debt even if sold will not be able to be reported. If anyone else Knows for sure about this rule please join in.. But thanks for your thoughts I will consider them...

 

Starting Score:
585
Current Score: FICO TU 725 FICO EQ 735 EX 754
Goal Score: 850


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Message 5 of 6
guiness56
Epic Contributor

Re: Credit Watch collections is Violating my rights?

They can be gone for good.  However, the FCRA is clear that if an item is removed due to a dispute and lack of verification, the TL can be reinserted if the CRA certify the debt is valid.

 

And yes, even if sold it could be reinserted.

 

FCRA 611 Procedures in Case of Disputed Accuracy

 

(B) Requirements Relating to Reinsertion of Previously Deleted Material
(i)
Certification of accuracy of information.
If any information is deleted
from a consumer's file pursuant to subparagraph (A), the information may
not be reinserted in the file by the consumer reporting agency unless the
person who furnishes the information certifies that the information is
complete and accurate.
(ii)
Notice to consumer.
If any information that has been deleted from a
consumer's file pursuant to subparagraph (A) is reinserted in the file, the
consumer reporting agency shall notify the consumer of the reinsertion in
writing not later than 5 business days after the reinsertion or, if authorized

by the consumer for that purpose, by any other means available to th

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