Re: Collection Agency says it CANNOT delete?[ Edited ]
08-28-2010 11:48 PM - edited 08-29-2010 04:27 PM
Some OCs and / or CAs see themselves as keepers of the holy grail and refuse to accept a PFD because they can, though they have no responsibility to refuse.
Each reporting entity is, basically, a subscriber to one or more of the CRAs. In their subscriber agreement they agree to accept industry guidelines as outlined in the Consumer Data Industry Association's 2009 version of the Credit Reporting Resource Guide. It is important to note that CRAs can rarely obligate subscribers -- only recommend.
CRRG Section 2-3:
Once information is reported accurately, it is important that data furnishers not ask for a subsequent change in the history payment record unless the payment history is inaccurate.
• Consumer credit history information will be reported in a factual, precise and objective manner.
• Only inaccurately reported accounts should be deleted. Paid derogatory accounts, such as collections or charge offs, should be reported as paid; they should not be deleted.
• Requests by consumers for reverification of challenged information must be processed promptly.
• Unless an error is discovered, the consumer will be advised that the factual credit history will continue to be reported.
Now, should you have encountered a recalcitrant CRA subscriber who refuses to accept a PFD, depending on how crucial it is to have this tradeline deleted and any time constraints you may be under, you do have various options some of which may serve to help the CA / OC find religion. Sometimes it takes something as simple as moving up higher in the food chain or persistence to the point of annoyance. My personal favorite, though, is to wait until the creditor can be found in flagrante delicto of some obscure yet actionable consumer statute such as the FCRA / FDCPA. You'd be surprised how many people see the light when served and facing a $1k or more slap upside the noggin.