Re: Can CA refuse to delete if OC requests they update/del
07-09-2012 12:35 PM
Yes they can refuse, as general practice. Debt collectors are separately authorized to report the fact of their collection authority, and the OC is not a party to that reporting.
So, in general, the debt collector is not required to delete based on a request or "order" from the creditor.
However, that is in general. Your situation is more specific. Your creditor is apparently stating that the collection referral itself was inaccurate, not just that they wish or instruct the debt collector to delete otherwise accurate reporting. You have, in fact, a situation of no delinquency now asserted by the creditor, thus no basis for collection on a non-delinquent debt. No collection in fact.
I would secure a letter from the creditor clearly stating that the collection referral was in error, and that there was no delinquency upon which to base a collection.
Use that as documentation in a direct dispute to the debt collector (dont dispute thru a CRA, or that documentation will never get to the debt collector).
If they still do not delete, but rather verify the accuracy of their reported collection, just wander over to small claims court and file a civil action.