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NEED HELP! Collection VERIFIED as CLOSED!

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kennerchick
Frequent Contributor

NEED HELP! Collection VERIFIED as CLOSED!

I just got off the phone with Transunion and the girl verified that PRA (Portfolio Recovery) has CLOSED their collection!  It's listed in CLOSED accounts, NOT Collections!

 

IT IS AN UNPAID COLLECTION!  Still reporting a balance!

 

Am I missing something? Robert in the past has said, if a collection is unpaid and closed that means the collection agency has lost the authroity to collect and the CRA should remove the debt! 

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/Question-about-removing-closed-collection-acc...

"termination of collection authority prior to payment of the debt requires, under the instructions in the CRA reporting manual, that the debt collector also delete their reported collection."

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PRA-Is-not-happy-with-us-Account-still-says-C...

"reporting of closed implies they no longer have collection authority.

And yes, if they no longer have collection authority, then CRA policy instructs them to delete their collection."

 

Can anyone tell me where I can find this on a website or PDF??

 

She just told me that they can't remove it unless they dispute with the company and I told her all they will do is verify like normal!  Told her not to dispute as I don't want it reopened!

 

What do I do? HOW do I get this removed??

 

Do I go to the CFPB??

 

I just found this!
http://louisianarecord.com/stories/510719657-louisiana-woman-accuses-consumer-reporting-agencies-of-...

 

I just checked and Portfolio did this to me!


"changed the dates for “date of status,” “reported since” and “first reported,” provided inaccurate and misleading credit information and failed to follow reasonable procedures to ensure maximum possible accuracy."

 

They all say April 2016!

 

 

Starting all over again!
Message 1 of 19
18 REPLIES 18
Anonymous
Not applicable

Re: NEED HELP! Collection VERIFIED as CLOSED!

File a complaint with the CFPB . I thought you already did this?
Message 2 of 19
RobertEG
Legendary Contributor

Re: NEED HELP! Collection VERIFIED as CLOSED!

This horse seems to never die.....

 

In my opinion, you do not yet have basis for a CFPB complaint, as there is no issue of violation of any provision of the FCRA.

There is no statutory requirment that a debt collector delete their reporting based on closure of their collection, and thus the CFPB is not involved in directing them to follow their credit reporing agreement with the CRAs.

 

You are assuming/inferring that they no longer have active collection authority.  If you have disputed and they verify that their reporting is accurate, then the only recourse is to request the CRA to also assume that their collection authority has been terminated, and thus enforce their internal policy.

If I were the CRA, I would not assume closure=termination of collection authority unless and until a new debt collector were to report.

The purpose of their policy is to prevent two collections simultaneously reporting on the same debt.  Until reporting by a new debt collector provides evidence of terminatin of the prior authority, then the CRA may choose to delay any such assumption.

 

If you wish specific citation from the CRA reporting manual, you have a bit of a problem.  The "Credit Reporting Resource Guide" is not available to the public, and is copyrighted by the Consumer Data Industry Assoc (CDIA).  It is not published for your access.

Message 3 of 19
Anonymous
Not applicable

Re: NEED HELP! Collection VERIFIED as CLOSED!

PRA btw DOES NOT re-sell their accounts. The CEO of PRA has said this in many articles I have read about him. Their Web site states the same thing.
Message 4 of 19
kennerchick
Frequent Contributor

Re: NEED HELP! Collection VERIFIED as CLOSED!


@Anonymous wrote:
File a complaint with the CFPB . I thought you already did this?

I was getting information together and wanted to be absolutely sure of what I was doing before I filed the complaint.

 

I filed the complaint for both my husbands reports and mine.  I've read that changing the dates is illegal so I am hoping that the CFPB sees it that way as well!

 

http://blog.credit.com/2015/03/how-much-do-dates-on-my-credit-reports-matter-111945/

 

Date Reported/ Reported Date

“The reported date has everything to do with whether financial information — specifically dollar amounts — are going to be included in the (score) calculation,” Paperno says. “The reported date may also determine whether you are even going to get a score.”

If there is an unpaid balance, for example, the reported date could determine whether that balance will be reported in score calculations. In the case of an older credit card that was charged off, for example, the balance may be ignored if the reported date is older than a certain number of months.

 

So with them removing and reinserting themselves and changing the dates, that's inaccrate information and a violation of the Federal Fair Credit Reporting Act and the Federal Fair Debt Collection Act.

Changing the dates for "date of status," "reported since" and "first reported/ date placed for collection" which is providing inaccurate and misleading credit information and they have failed to follow reasonable procedures to ensure maximum possible accuracy.  

Starting all over again!
Message 5 of 19
kennerchick
Frequent Contributor

Re: NEED HELP! Collection VERIFIED as CLOSED!


@Anonymous wrote:
PRA btw DOES NOT re-sell their accounts. The CEO of PRA has said this in many articles I have read about him. Their Web site states the same thing.

Thanks for letting me know that.  It's nice to know if I ever get these clowns removed, that I won't have to deal with it ever again! LOL

 

Does Midland resell?  I have to do a complaint against their reporting as well.

Starting all over again!
Message 6 of 19
RobertEG
Legendary Contributor

Re: NEED HELP! Collection VERIFIED as CLOSED!

Updated reporting to a CRA does not change any dates in a manner that is prohibited by the FCRA or FDCPA.

It may affect your scoring under the FICO algorithms, but that does not comprise a vioaltion of the FCRA or FDCPA.

 

As long as they dont report a newer date of first delinquency that was not provided to them by the creditor, filing an update with the CRA does not change the credit report exclusion date, and is not a violation of any provision of the FCRA.  To the contrary, it is a permissible statment of their colleciton as of the reporting date, affirming that it remains unpaid.

 

If the intent is to file a complaint with the CFPB, then a clear statement of which provision of the FCRA or FDCPA is basis for your complaint, as that is what the CFPB reviews.  It does not review the impact of their actions on your credit score. 

I dont see a specific violation of any section of the FCRA or FDCPA based on deletion and reinsertion, or upon updated reporting.

 

 

 

Message 7 of 19
kennerchick
Frequent Contributor

Re: NEED HELP! Collection VERIFIED as CLOSED!

It's inaccurate reporting! They removed and reinserted the collection changing the dates! I highly doubt a lawyer would consider sueing PRA for the reason I stated before if it wasn't against the rules or illegal as posted in the article
Starting all over again!
Message 8 of 19
Anonymous
Not applicable

Re: NEED HELP! Collection VERIFIED as CLOSED!

They can update every month if they want to as long as they hold the debt. Everytime you dispute the account it will also update have a negative impact on credit score.
Message 9 of 19
Anonymous
Not applicable

Re: NEED HELP! Collection VERIFIED as CLOSED!


@kennerchick wrote:
It's inaccurate reporting! They removed and reinserted the collection changing the dates! I highly doubt a lawyer would consider sueing PRA for the reason I stated before if it wasn't against the rules or illegal as posted in the article

Don't give up cause you got friends, don't give up, your not beaten yet. Don't give up, you're not the only one, dont give up, I know you can make it good.

Message 10 of 19
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