11-10-2010 10:15 PM
I'm needing some advice...
We had a couple of returned checks back in 2008 that we paid off within a couple of months of receiving a notice from Security Check. Well, at the time, we had no idea that Security Check was reporting them on DH's credit reports. We weren't monitoring our credit at all back then. We just paid them off and didn't give them a second thought. Now, here we are, 2 years later and after having diligently worked (with the help of the wonderful people here on MyFICO) to get our CRs cleaned up, would really love to get these removed. These are the last 2 baddies on DH's reports.
Here's the twist:
Both TLs were listed as paid collections with Security Check on EX and EQ until a few months ago. They must've changed their name or something because one day the Security Check TLs disappeared from EX (they're still showing on EQ)...but then 2 new TLs with Payliance showed up under DHs regular (closed) accounts section of his EX CR. It's the exact same info, Opened in 02/2008, Paid and closed in 04/2008. I'm worried though, that because of Payliance being listed under the regular accounts section (as opposed to the collections section) that they are somehow having a more negative impact on his EX FICO. I base this assumption on the fact that his EX plus score is 30 points lower than his EQ plus score that we get from our CMS. I know the plus scores don't matter, but his EQ and TU FICO scores have only a 5 point difference. TU is higher as Security Check/Payliance hasn't reported to them.
So, now the question is, what's the best way to go about getting them deleted? Yes, I'm considering a GW letter, but because of the 2 different names and the difference in where they are being reported, I don't want to inadvertantly draw more attention to the EQ TLs and cause them to change their name on them and start reporting them as a regular account with KD lates like they've done on EX.
Thanks, in advance, for any advice.
11-11-2010 04:13 AM
CRA's as far as credit scores all have their different formula's to determine your score. No matter which scoring program per se FAKO and or FICO it is not uncommon to have the same exact things on the reports with a difference in scores.
I have no knowledge about Security Check and or Payliance so I will leave that to the more knowledgable to answer.
11-11-2010 08:08 AM
We just got a phone call from Payliance. I had looked them up on acainternational.org a while back and DH had call the lady listed as the "Ethics Contact" last week and left her a voicemail. I honestly didn't think she'd call back...but she did and she was actually pretty nice. Unfortunately, she said that she would have to forward the information to another department, as she was the VP for a totally different dept, and that someone from the dept would call us if they couldn't find it.
Needless to say, I'm not holding my breath for that call.
I did dig out our old CRs to find out when it actually started reporting and, here's the really F'd up part: The didn't even start reporting it until AFTER we paid them!!!
11-13-2010 05:44 PM
UPDATE!! Well, I've got some good news. Somebody did actually call us back yesterday and left a message. DH had his phone on silent due to a meeting and by the time he realized, their office was closed.
I pulled a fresh CR this morning and Payliance was gone from his Experian report. His Plus score jumped up 59 points!! I wish we could pull his EX FICO score.
They're still listed on Equifax as "Security Check" but maybe it's just EQ being a bit slow. If they're still there on Monday, we'll call them again.
I'll keep you guys updated.
11-13-2010 09:29 PM - edited 11-13-2010 09:31 PM
It looks like a clear violation of FDCPA 809(a). You dont have to rely upon self-monitoring of your credit report in order to be formally advised that a colllection was posted to your credit file. That is what FDCPA 809(a) is all about.
From the date they posted a collection to his CR, they were required to have provided him, within 5-days therafter, a written collection (dunning) notice, advising him of their collection activites, and his rights in requesting validation of their claim. They apparently did not do this.
I would not send a GW letter since your prior ability to address the validity of their reporting was denied, from the time they posted (plus 5 days), until today, due their violation of FDCPA 809(a).
Exactly how to pursue this issue is a bit tricky. Technically, what you have is a violation of the FDCPA, which is handled under the statute by way of complaint to the FTC. But the FTC does not normally take any substantive or prompt action on individual complaints of FDCPA 809(a) violations, so that probably wont be a very fruitful way of immediately addressing the problem.
So, here is my suggestion. File a direct dispute with the offending debt collector under the provisions of FCRA 623(a)(8, asking for deltion of this reporting to the CRAs. It will be a bit tricky in how you word this, because technically you are not disputing the accuracy of the reporting itself. ONe suggestion is that you argue that the reporting was "incomplete" because it was not followed by their requried notification to you under FDCPA 809(a). Thus, you were denied the ability to eithre obatin validation under FDCPA 809(b), or file a dispute under FCRA 611(a) or FCRA 623(a)(8). Maybe throw in a statement that a formal complaint with the FTC is being prepared.
02-29-2012 06:23 PM
I, too would like this information as well. DW has a couple Payliance TL's that I would like to take care of. Thanks!
07-18-2012 09:05 PM
I have two accounts from Security Check, NKA Payliance. I contacted them today trying to get a goodwill. The lady I spoke with, which claimed she was a supervisor after I asked to speak with one, said they don't do goodwill deletions and gave me that whole spill, blah, blah, blah. I asked her who was the CEO and she did give me that info. After much research I was able to find his email address and sent him a goodwill email and a certified goodwill letter. Hoping for good results.
07-18-2012 09:33 PM - edited 07-18-2012 09:34 PM
Security Check is their old name (EQ had old name and EX has current name). I had them on both my EX and EQ. Disputed on EQ and EX, deleted on EQ and verified on EX. Mine will fall off in January from EX so I'm not too concerned. This thread does give me hope that paying and gw will get it taken off though. It's only 46 anyway.