@acrylic51 wrote:
I just reread your OP and it appears you just paid the account today......I would say them telling you it'll be off in 24hrs might be a bit of BS.......I do know that when the payment clears that's when the account is actually pulled back.....And we all know the CRA don't work that fast......
If it isn't pulled back the I guess I will follow these guidelines...I found that on another site and it seems to be legit...
it's a FCRA violation if they report it as paid collection.
I"ve been over this a half dozen times.
Ya'll need to read the FCRA - section 623 dutes of furnishers to report accurate information.
and the FDCPA section 807(8) on reporting false credit information.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false
Also, the CDIA manual states that "Collection accounts that have been closed and returned to the Original creditor must be deleted "
which means if the CA wasn't successful in collecting any money, and the OC has recalled the account the account must be deleted.
( consumer data industry association ) the CDIA maunal is the reporting guide book for all three CRA's on the Metro reporting format and E Oscar.
So, you send and ITS letter ( intent to sue. ) if they do report it as a paid collection -
if written correctly, and concisely, it always works. ( worked for me. too! )
you have to dispute it thru the CRA's first, and attach a reciept from the OC to prove that it was not paid to the CA.
if the collection is not removed, you send an ITS letter to the CA. keep it short an concise, like you were coached by a lawyer ( and I'm not... )
Dear CA,
Your Firm is reporting the following accounts as a "Paid collection "
(list out the accounts)
These accounts have been paid to (original creditor name ) and I have reciepts from ( OC Name ) proving that the accounts have been paid in full
I have disputed your firms reporting of these accounts with ( CRA's names, ) with Reciepts showing payment, and your company has verified this false information.
Collection accounts that are closed and returned to the original creditors are to be deleted from the Credit reporting agencies, as these accounts are no longer in collection.
Furthermore, if the accounts were paid to the Original creditor, the collection agency can not report these as 'Paid collection' accounts, since no payments were proccessed or paid to the collection agency.
Your verifcation of the accounts as a " Paid Collection " is a violation of the FDCPA and FCRA, Specifically;
FDCPA violations;
15 USC 1692e(8) providing false information to credit reporting agencies
FCRA violations;
15 U.S.C. § 1681i duties of furnishers to provide accurate information.
15 U.S.C. § 1681s-2 - failure to provide accurate information, failure to correct reporting.
if your firm does not delete the collection accounts, I will turn this matter over to an attorney for review and legal action in federal court. with additional counts as follows.
15 U.S.C. § 1681n Civil liability for willful noncompliance
15 U.S.C. § 1681o Civil liability for negligent noncompliance
Please note that statutory damages awarded under FCRA violations are culmative , and compensation for actual damages are seperate.
Your False reporting is may cost me ( rate increase on mortgage or insurance, denied credit, etc, etc. ) ; hence, if actual damages are awarded, these may prove to be very expensive for your firm........
Your Firm has 5 days from the date of the letter to delete these accounts with the CRA's, and don't tell me it can't be done in that time frame
Sincerely,
_____________________.
Starting Score: 7/12 545 EX (PSECU)
