Goodwill letter--feedback needed

[MzDandylion0527]

I sent a goodwill letter to a credit union back in November. I asked them to delete a paid charge off account from over 7 years ago (I paid off the balance and that updated me for a longer time period--yay me). I got a letter from them denying my request. I am going to reply to the person who sent the letter. Tell me if this letter is too "nice-nasty"...lol

"XYZ Federal Credit Union

ATTN: Jane Doe

Dear Ms.Doe,

I thank you for the time you took to respond to my request for a deletion of my paid share account with XYZ Credit union. In your letter you state “Unfortunately, the negative information, reflecting a paid charge off of your share account, is accurate and therefore we cannot remove it from the credit bureau’s report.” The Fair Credit Reporting act only states that IF REPORTED, that the information must be accurate. In other words, if you choose to report, you must report accurate information or face the possibility of being fined. I understand the FCRA and have studied it in detail. Whether or not a particular company reports derogatory information is up to the creditor. There is no law requiring information be reported. A company can choose—or not choose—to report.  

Please understand that my request was not asking for anything that cannot be done. A great number of companies regularly grant what is known as a “goodwill request” based on an each individuals situation. Since this account is paid off and very old, I only asked for the deletion as a gesture of goodwill. As I stated in my previous letter, I suffered several financial setbacks after the death of my husband. I am currently in the process of buying a home for myself and my young sons and hoped that XYZ Credit union would grant this goodwill request. Apparently, XYZ Credit union is not in the business of goodwill.

Again, I appreciate your time in reviewing my request."

[GoodCredBen]

just because you paid it off doesnt mean it re-aged from the DOFD..... unless you setup a payment plan.  

[MzDandylion0527]

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@BadCredBen wrote:

just because you paid it off doesnt mean it re-aged from the DOFD..... unless you setup a payment plan.  

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I paid it off in 2007, but the account was delinquent well before then. On my TU report it states it wont be removed until 9/2014.

[GoodCredBen]

hurm.... i would wait till someone else comments though..... i dont think they can do that... 

[RobertEG]

Yes, I agree that it is "nicely nasty!"  Except for the next to last sentence, which is overtly nasty.

You are stil asking for their good will.  I would tone down the nicely-nasty to a nice.

You are correct that the FCRA does not prohit them from CR deletion, but I dont see that debating the issue with them will promote an atmosphere of good will.

The real, but unstated, issue they are facing is that their credit reporting agreement with the CRAs incorporates the credit reporting policies of the CRAs.  The CRAs have a written policy in their credit reporting manual that states that deletion of information based on payment of the debt is inappropriate. Thus,while not illegal, deletion is nontheless something that the CRAs instruct them not to do.  Kinda hard to argue that issue.

As for CR deletion, the only date relevant to exclusion of a charge-off is the DOFD on the account.  Date of payment is irrelevant.

If they did not re-age reporting of the DOFD, it will still be excluded from your CR after 7 years plus 180 days from the reported DOFD.

[MzDandylion0527]

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@RobertEG wrote:

Yes, I agree that it is "nicely nasty!"  Except for the next to last sentence, which is overtly nasty.

You are stil asking for their good will.  I would tone down the nicely-nasty to a nice.

You are correct that the FCRA does not prohit them from CR deletion, but I dont see that debating the issue with them will promote an atmosphere of good will.

The real, but unstated, issue they are facing is that their credit reporting agreement with the CRAs incorporates the credit reporting policies of the CRAs.  The CRAs have a written policy in their credit reporting manual that states that deletion of information based on payment of the debt is inappropriate. Thus,while not illegal, deletion is nontheless something that the CRAs instruct them not to do.  Kinda hard to argue that issue.

As for CR deletion, the only date relevant to exclusion of a charge-off is the DOFD on the account.  Date of payment is irrelevant.

If they did not re-age reporting of the DOFD, it will still be excluded from your CR after 7 years plus 180 days from the reported DOFD.

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I deleted that last sentence and sent it off. I'm sure they wont be deciding to delete the account, but I felt compelled to respond anyway!