Can CA refuse to delete if OC requests they update/del
07-09-2012 11:56 AM
Hey everyone- I'm trying to get my first mortgage and found a few errors I'm getting fixed and attempting a couple of goodwills along the way. I only needed 4 points to prequalify
So....I thought I had a big win when I got an agreement for a very recent collection to be removed. Here's the situation:
OC- Apartment Complex where I currently live, sent me to CA for balance on a prior apartment move-out. I'm currently in good standing at the Apartment Complex (lived here for 4 years) pay on time each month, etc.. Anyway, I had to move from one apartment to another due to a dangerous neighbor, lol. Because I wanted to get out quickly, I decided to let the apt. complex repaint the walls (instead of me repainting them, etc) So I moved within the same apt complex and had a small balance for repainting, replacing one blind, and a ceiling fan that stopped working, hmmm...) Anyway, they said I could pay it off a little at a time, I fell behind (stupid! stupid! stupid me!) and they sent it to collections. I paid the full balance once the collection agency called me.
Fast forward to last week. I called the Apartment Complex Regional Manager "Ms. D" who was super nice. Ms. D. said the local office should NOT have sent me to collections, the past due amount from the apt move should have just been added to my current apt account, she can see I'm a resident in good standing, and that I paid in full. Ms. D has no problem deleting the account from my credit report. I tell her, she needs to simply instruct the CA to update to all 3 credit bureaus- deleting my account. She says no problem, she'll contact the CA.
The following week, I receive an email from Ms. D stating the CA "will not accomodate her request" to remove the information. I thought it was possibly an issue of wording because Ms. D's letter to the CA (she attached it to an email she sent me) : "we would appreciate it if you would remove the collection that we placed on her account from her credit report". I told her the CA may have just misunderstood the wording and the rep maybe wasn't familiar with updating the credit bureaus. I suggested she use the wording: "Apt Complex Name is requesting that CA Name furnish all 3 credit reporting agencies with updated information *deleting* LillyJilly's account from the Credit Bureau Records" Ms. D said she'd send my email to her "rep" at the CA and try again. Btw- Ms. D is clearly starting to get annoyed, and is backtracking a little, saying they don't usually do this, etc...:-(
1- if the OC instructed the CA to update my account by deleting it from the Credit Bureaus, does the CA have to comply?
2- if yes, is the letter from the OC (attached to my email) enough evidence to dispute the CA reporting with the Credit Bureaus?
I was so excited to have this one taken off and now I'm discouraged it won't happen. Sigh.
Any input is appreciated. Thanks!