topic Re: Collection returned on credit report after deletion through BBB/CFPB in Rebuilding Your Credit

Collection returned on credit report after deletion through BBB/CFPB

Anonymous — Thu, 23 Apr 2015 00:23:32 GMT

Hello!

I have been been a long time lurker/reader but have never posted my own thread. I'm hoping that someone can help me with this as I am not sure what to do from here. I have had an on/off collection with Convergent Outsourcing Inc. for the past 5 years or so. I have always challenged the amount of this debt as it's OC is T-Mobile and the charges just didn't seem right. This collection has been deleted a total of 2 times previously due to disputes through the CRA. Well as of earlier this month, I made a complaint with CFPB and BBB requesting the collection to removed for good and for COI to cease all communication and to stop placing the collection on my report. I also noted that with the current claims for cramming charges, the debt is considered invalid. I received a response fairly fast, about 2 days later, stating that the collection would be deleted. I received an alert a day later confirming that it had indeed been deleted from each report. I thought all was well until...

Maybe 5 days later, I woke up in the morning to an alert from Transunion showing a 35 point drop and a new collection. The collection is COI yet again. It is showing as though it was never deleted in the first place. None of the information is different, including dates so it hasn't necessarily been updated, if that makes sense. I immediately called (bad decision?) because I was pretty upset and they had no evidence of anyone placing the collection back on. The rep escalated to her supervisor who then confirmed that the collection was no longer in their office and had been deleted.

What is going on? How should I proceed from here?

Re: Collection returned on credit report after deletion through BBB/CFPB

SunriseEarth — Thu, 23 Apr 2015 00:27:25 GMT

Did you get the copy of your CR directly from TU? Or did something like Credit Karma indicate this?

Re: Collection returned on credit report after deletion through BBB/CFPB

Anonymous — Thu, 23 Apr 2015 00:34:59 GMT

I received the alert from Credit Karma which made me check my Transunion report. I called Transunion directly at one of the backdoor numbers and they confirmed that it was back on my report. I filed a dispute with them but I hate the thought of waiting as I am planning to refinance my car within the next few days.

Re: Collection returned on credit report after deletion through BBB/CFPB

RobertEG — Thu, 23 Apr 2015 00:36:24 GMT

The relevant statutory requirements when any information is reinserted after being deleted as the outcome of a dispute are set forth in FCRA 611(a)(5)(B).

In order to be reinserted, the reporting party must include a certification of accuracy of the deleted information along with the request for reinsertion.

The CRA cannot simply accept the reporting in the usual manner, and insert in the consumer's file. They must consider and accept the cerification of accuracy before they can reinsert. If they accept and reinsert, they must send written notice to the consumer not later than 5 days after the reinsertion, advising the consumer of the reinsertion.

If the CRA did not send you notice as required under section 611(a)(5)(B), then the resinsertion was a violation of that section.

I would first file a dispute with the CRA for their non-compliance, including a copy of your prior decision on your prior dispute.

If the CRA refuses to delete, then I would file a formal complaint with the CFPB for their clear violation of section 611(a)(5))B) on numerous occasions.

Re: Collection returned on credit report after deletion through BBB/CFPB

Anonymous — Thu, 23 Apr 2015 00:50:24 GMT

Thank you for the information Robert! I certainly appreciate it. It has only been 2 days since the reinsertion so I'll wait it out until early next week to see if I receive anything before taking further action.