Deleted Collection With One CA...

[Anonymous]

OK a few months ago i had a old 5 year old collection removed from my credit reports.  The old CRA failed to verify the debt.  Today, i received a letter from Midland Funding LLC that was dated 9-24.  My question is, if i won my dispute with the CRA's directly, is there some law saying that account cannot be put back on my credit file?  if one CA buys the info from another, that means they probably wont have any verifiable info either correct?  

I am confused  

As of today, there is no record of this collection on my credit reports. 

I did find this,

"

Unfortunately, this is actually becoming more common. Since the new credit laws require that the bureaus investigate and resolve your disputes within 30 days, they will sometimes remove the negative information temporarily until they get the information verified as true. Then they will put back any information verified to be true and notify you of this. By law, they can do this, but they have to notify you in writing.

If they DO NOT notify you in writing, it is an instant violation of the FCRA with a $1,000 fine PAYABLE TO YOU. Many of our readers have had great success earning some easy cash by suing the credit bureaus for reinserted listings. Not only do you earn thousands, but the listing is removed from your report as well."

But the collection in question was investigated for almost 2 weeks and then i got the notification that i won and it got deleted. 

[llecs]

If a OC/CA/whatever is disputed and that particular company is removed due to a dispute, then that specific company can re-report so as long as the CRA mails out a written notice of the reporting 5 days after it gets reported.

A CA or OC can resell the debt after the dispute, though. Maybe they didn't feel like verifying and gave up. Maybe it was economically viable for them to sell it (write-offs). Maybe they weren't looking for a fight. In any case, they can resell it and that new company can collect and report at anytime.

I'd mail a DV letter. If they verify and you agree, then send a PFD (or pay for not reporting). If you disagree, then ask for more info and proceed from there.

[Anonymous]

The problem here is that this is midland, they have been responding to DV's with lawsuits.  This account is 5 years old and my state SOL for reporting is 6 years.  I dont feel like going through a suit.

[llecs]

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@Anonymous wrote:

The problem here is that this is midland, they have been responding to DV's with lawsuits.  This account is 5 years old and my state SOL for reporting is 6 years.  I dont feel like going through a suit.

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I definitely wouldn't send or do anything unless you had the $$$ saved to PIF if you had to to avert a judgment, or SOL expired. And to be clear, that 6 years is not for reporting, but for the time frame to sue on an unpaid debt. The reporting period is 7-7.5 years from the DOFD.

[Anonymous]

is midland known for filing suit if you just ignore them?   I thought Cell Phone Debt was a 2 year SOL on suits.  Id like to add it did take them 3 years before collectin activity started

[RobertEG]

The issue of reinsertion of previously deleted information is addressed by FCRA 611(a)(5)(B).

If information was deleted as the result of the conclusion of a dispute that specifically found the disputed information to have been inaccurate, incomplete, or could not be verified, then it cannot be reinserted into the file of the consumer by the CRA unless the person reporting the information files a certification to the CRA that the information is indeed complete and accurate.  If such a certification is filed, and the CRA, acting on that certification, reinserts the information into their credit files, the CRA must provide written notification to the consumer within 5 days. 

That is all contingent upon their being a specific resolution in the prior dispute of inaccuracy or lack of verifiability.  If there was no formal resolution of the dispute, then prior deletion cannot be held to require such certification to the CRA,  How, specifically, was the prior dispute resolved?  Is there of record a clear finding of inaccuracy or lack or verifiabillity?  Or was the information just deleted?

[Anonymous]

cant remember exactly, I did it for EQ and it was online.  After they were investigating they deleted it.