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Resurface of deleted debt???!!!!

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FutureMogulMs
Established Member

Resurface of deleted debt???!!!!

Hi everyone

I check my credit karma for updates from bureaus versus myFICO subscription. myFICO hasn't even updated me that new collections have been added again.

So I check this morning I have 3 new issues lol

1. Pinnacle credit is back on my report for a Verizon bill I never had for 1k. This was disputed and deleted by all 3bbureaus a few months ago

2. I settled a collection debt from syndicate system for a hospital for half the amount in exchange for reflect of $0. They don't delete. I see the $380 payment but there is no 0 balance still says I owe remainder Smiley Sad

3. old dentist bill that was disputed and deleted after I agreed to pay (I think this one is a no brainer lol)

So for the resurface debt am I obligated to pay? I thought if credit bureaus delete they don't resurface. As for #2 I think I got played Smiley Sad should have recorded the call like I normally do I'm also to my goal and I'm so anxious to be collections free .....sigh

Any help & insight is greatly appreciated
7 REPLIES 7
RobertEG
Legendary Contributor

Re: Resurface of deleted debt???!!!!

Deletion, even if resulting from a dispute, is never absolute.

Deletion by a CRA is based on a lack of verification or correction of disputed information.  They dont delete debt; they delete reported information that is not verified.

 

That lack of verification can be overcome at a later time providing it is based on a reasonable determination of its accuracy.

A debt collector may, for example, not have had a resonable basis for verification (or correction) within the dispute period, but may later have acquired adequate basis for verification.

 

To that end, FCRA 611(a)(5)(B) provides the acceptable procedure for reinsertion of information previously delted based on a dispute.

In a nutshell, the information can be reinserted provided the furnisher includes a Certification of Accuracy of the information, which overcomes the prior lack of verification.

If the CRA reinserts, they must then send written notice to the consumer within 5 business days, informing the consumer that they have reinserted.

Message 2 of 8
rmduhon
Valued Contributor

Re: Resurface of deleted debt???!!!!

As for 2, it is a common practice for the collection agency to update the account with the payment then on the next update to report a zero balance. G8ve it some time for the second update.
Message 3 of 8
FutureMogulMs
Established Member

Re: Resurface of deleted debt???!!!!

Ok great that's good to hear!!! Rmduhon!!!

Message 4 of 8
FutureMogulMs
Established Member

Re: Resurface of deleted debt???!!!!

So if I didn't receive written notification what's next step ? My current address if on my credit report but I'm sure they sent to a address I'm no longer at...if they did in fact send notification
Message 5 of 8
Anonymous
Not applicable

Re: Resurface of deleted debt???!!!!

Written notification is what you need. I disputed all my collections and public records and asked for a letter to mail regarding the results. If they come back you should send a letter that asks to see the process of verification if it is actually back on your reports.
Message 6 of 8
Anonymous
Not applicable

Re: Resurface of deleted debt???!!!!

I should ask for a letter from the bureaus? I have all my results papers emailed to me. If the company doesn't send a process of verification or if they do what are those following steps?
Message 7 of 8
RobertEG
Legendary Contributor

Re: Resurface of deleted debt???!!!!

If the CRA did not send notice, it could have been for one of two reasons.

Either the CRA was not aware that the reinsertion was of information previously deleted as  result of a dispute (i.e., the furnisher did not so advise), or they were aware, but failed to send the required notice.

 

Send a dispute of the accuracy of the reinsertion.

If you have proof that the prior information was deleted based on a dispute, such as a copy of their prior Notice of Results of Reinvestigation, then send it to the CRA along with a dispute of its reinsertion based on the lack of the furnisher in following the reinsertion provision of FCRA 611(a)(5)(B).

The CRA must then delete until the Certification is received from the furnisher.

If the CRA determines that they were advised that it was a reinsertion and that the furnisher submitted a Certification of Accuracy, then the CRA can so advise and simply treat the dispute result as their notice.  In that event, there would be no requirement that the CRA delete.

 

Message 8 of 8
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