cancel
Showing results for 
Search instead for 
Did you mean: 

capital one removed charge off, portfolio recovery still reporting debt as collection??

tag
RobertEG
Legendary Contributor

Re: capital one removed charge off, portfolio recovery still reporting debt as collection??

A reported collection is the reporting of the fact that, at some point in time, they had collection authority on the debt.

Satisfaction of the debt is not basis for deletion of the collection, regardless of whose hands the $ passes through.

If the debt is paid, the collection is terminated, and thus the debt collector must update the balance under collection to $0 and close the collection.

 

The only deletion "requirment" is not under the FCRA, but only an admin reporting procedure of the CRAs that they apply only to cases where the debt collector has had their collection authority terminated prior to payment of the debt.  In those cases, the CRAs have established a reporting policy that the debt collector delete their collection, with the intent of the policy to then prevent a second, and thus plural, collection from simultaneously reportting on the same debt.

In cases where the debt is paid while the debt collector still has active collection authority, CRA policy is clearly stated that the debt collector not delete their reporting.

 

If the debt remains unpaid,, then deletion of the collection can be pursued by offering a PFD to the debt collector.

Acceptance of a PFD is voluntary on their part, and is contrary to the reporing procedures set forth by the CRAs.

Message 11 of 15
Anonymous
Not applicable

Re: capital one removed charge off, portfolio recovery still reporting debt as collection??

Did the OC recall the debt before deletion?

 

From my understanding, if the debt was sold to PRA, it remains unpaid, and the OC did not recall the debt from PRA, then PRA still owns the debt and as long as they have proper documentation they can collect on the debt. They are not obligated to delete becuase the OC deleted, not unless OC recalled the debt.

 

It sounds like others have had some luck in getting CA's to delete once the OC deleted, but from my understanding they are not obligated to do so.

Message 12 of 15
willwar14
Valued Contributor

Re: capital one removed charge off, portfolio recovery still reporting debt as collection??

Same with the BBB except I did mine through CFPB with the letter that the creditor agreed to delete.

CH7 FILED: 08/18/2022, DC: 01/23/2023
Message 13 of 15
RobertEG
Legendary Contributor

Re: capital one removed charge off, portfolio recovery still reporting debt as collection??

If the other party agreed to delete, then you have a breach of contract action against them.

Message 14 of 15
felice
Member

Re: capital one removed charge off, portfolio recovery still reporting debt as collection??

Well I guess I have to leave it alone for now.. As I don't have the money to pfd. I'm working on lowering my utilization and just on a whim I thought I would try to goodwill capital one and it worked.. Not sure about fico but I got a 18 point increase per credit karma when they deleted the charge off
Message 15 of 15
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.