Creditor re-inserting deleted collection action

[Anonymous]

Hello, I have disputed a collection action with a creditor multiple times, and each time it has been deleted. However, it has reappeared later.

My understanding is that if the creditor wishes to reinsert an item they need to send me a letter within 5 business days and they have never done this.

Also, every time they reinsert, it comes in with a current start date, so the 7 year clock is restarted.

Two questions-

1) If in fact the creditor was required to send me a letter within 5 days, is there any way to dispute this?

2) Is the creditor allowed to reset the clock each time or is this also a grounds for dispute?

Thanks.

[Anonymous]

You can request a debt validation by sending the collection agency a letter. Usually when you dispute, it's removed until the dispute is resolved. For when it will remove it goes by the original date it was first reported delinquent from the original creditor. Look back and find out when that was. Collections do sometimes come back on your report with a new date but that doesn't dictate when the bureau removes them, just when it added back.

[Imperfectfuture]

Welcome to the forums. This topic better belongs in Rebuilding. I will ask it to be moved.

[rmduhon]

The credit reporting exclusion date doesn't reset just because the account has been freshly reported. It's based on the DoFD(Date of First Delinquency). As to reinsertion, it depends on why the account was deleted. If it was because the creditor didn't respond then it can be reinserted at any time with no notice. By disputing the account and having it deleted then reinserted it is killing your score by appearing to be a new delinquency each time. What is the reason for the dispute?

[RobertEG]

I assume that you mean a debt collector, and not a creditor, is reinserting the reporting of a collection?

The reinsertion of previously deleted information is governed under FCRA 611(a)(5)(B).

It only applies to information that has previously been deleted based on a finding in a prior dispute that it was deleted due to lack of verification of its accuracy.

If the information was deleted based on a finding in a prior dispute (which is shown by the Notice of Results of Reinvestigation sent for that dispute), then any party requesting reinsertion of the information must include with their proposed reporting a Certification of Accuracy of the information.  That Certification effectively overcomes the lack of verification of accuracy in the prior dispute, thus obviating the dispute.

The reporting party is not required to send any notice to the consumer.  That is the responsibility of the CRA.  If the CRA does resinsert the information, the CRA must send written notice to the consumer within 5 days advising they have reinserted.

First step is to show that a prior dispute failed to provide any verification of the accuracy of the disputed information.  That is done by providing a copy of the Notice of Results of Reinvestigation.

If resinsertion occured and the CRA did not send a written notice of the resinsertion, that is usually evidence that the furnisher did not notify the CRA that it was a reinsertion, and thus the CRA was not aware that a Certification of Accuracy was required prior to their consideration of reinsertion.

[Imperfectfuture]

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@RobertEG wrote:

I assume that you mean a debt collector, and not a creditor, is reinserting the reporting of a collection?

The reinsertion of previously deleted information is governed under FCRA 611(a)(5)(B).

It only applies to information that has previously been deleted based on a finding in a prior dispute that it was deleted due to lack of verification of its accuracy.

If the information was deleted based on a finding in a prior dispute (which is shown by the Notice of Results of Reinvestigation sent for that dispute), then any party requesting reinsertion of the information must include with their proposed reporting a Certification of Accuracy of the information.  That Certification effectively overcomes the lack of verification of accuracy in the prior dispute, thus obviating the dispute.

The reporting party is not required to send any notice to the consumer.  That is the responsibility of the CRA.  If the CRA does resinsert the information, the CRA must send written notice to the consumer within 5 days advising they have reinserted.

First step is to show that a prior dispute failed to provide any verification of the accuracy of the disputed information.  That is done by providing a copy of the Notice of Results of Reinvestigation.

If resinsertion occured and the CRA did not send a written notice of the resinsertion, that is usually evidence that the furnisher did not notify the CRA that it was a reinsertion, and thus the CRA was not aware that a Certification of Accuracy was required prior to their consideration of reinsertion.

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Noteworthy for anyone trying to clean up credit.