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ER Solutions Dv'd & Deleted - Now more Notices

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Anonymous
Not applicable

ER Solutions Dv'd & Deleted - Now more Notices

I now have perfect credit, but a year ago I had a false collection from ER Solutions DV'd and deleted from all three credit reports. Today I recieved a dunning notice for the SAME account and amount.

 

I checked my credit and it's still clean. Can they report again to all three CRA's for the same debt?

 

Do I have to go through the whole DV process again even though they haven't reported to the CRA's yet?

 

Thanks for your help I appreciate it.

 

Message 1 of 4
3 REPLIES 3
nothingman02
Valued Contributor

Re: ER Solutions Dv'd & Deleted - Now more Notices


@Anonymous wrote:

I now have perfect credit, but a year ago I had a false collection from ER Solutions DV'd and deleted from all three credit reports. Today I recieved a dunning notice for the SAME account and amount.

 

I checked my credit and it's still clean. Can they report again to all three CRA's for the same debt?

 

Do I have to go through the whole DV process again even though they haven't reported to the CRA's yet?

Yes unfortunately.

 

If its the same CA, should not be much of a problem id imagine.

 


 

Message 2 of 4
Anonymous
Not applicable

Re: ER Solutions Dv'd & Deleted - Now more Notices

Will the CRA's repost this same account, if reported again, even though they all took it off before?

 

 

Message 3 of 4
Itsmeagain
Established Contributor

Re: ER Solutions Dv'd & Deleted - Now more Notices


@Anonymous wrote:

Will the CRA's repost this same account, if reported again, even though they all took it off before?

 


The FCRA is very clear on how a TL may be reinserted.  Rather than attempting to interpret the statute, I am posting the applicable section here.  Have you received your timely notice of reinsertion? 


15 U.S.C. § 1681  

 

(5) Treatment of Inaccurate or Unverifiable Information

 

(A) In general. If, after any reinvestigation under paragraph (1) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or cannot be verified, the consumer reporting agency shall–

 

(i) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and

 

(ii)        promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

 

(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 the agency.

 

(iii)               Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

 

(I)         a statement that the disputed information has been reinserted;

 

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and

 

(III) a notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the disputed information.

 

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).

 

Message Edited by Itsmeagain on 05-28-2009 10:06 AM

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