11-16-2013 01:32 AM
11-16-2013 07:24 AM
The CRA has 5 days to send you a letter of why they allowed the CA to relist a deleted account. I just won a lawuit against Midland for doing the same thing. The judge made Midland wipe the account from existences and they paid a total of $5800.00, $4800 goes to my attorney and by FDCPA law I was entitled to $1000.00
11-16-2013 08:13 AM
Having it removed with a BBB complaint and not a dispute with the CRAs are two different things. Only a dispute and removal with the CRA allows that stipulation of reinsertion with a notice from the CRA within 5 days.
11-16-2013 11:04 AM
Reinsertion of previously deleted information is only restricted if the furnisher failed to verify the accuracy in the course of a prior formal dispute under the FCRA.
They must first provide the lacking verification of accuracy before the CRA can reinsert.
The issues involved in the BBB complaint relate to the specific reporting of DOFD, balance, and collection status of open.
If those items had been or are now disputed, the resolution would be the correction or deletion of those items, not of the collection itself.
Deletion of the collection would only be based on a dispute of the debt itself or of their lack of authority to collect on the debt.
You can send them a direct dispute, to which they must either verify the accuracy as reported, or correct their reporting of those items.
I dont see deletion of the collection as a required outcome of any such dispute, as those are all required items that must be included under any reported collection.
You can always contact the BBB and register a new complaint. The debt collector has no obligation to respond, and lack of response would be limited to the BBB posting that fact in their records.
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