Collection deleted by transunion, still shows on other 2 cras

[falzool]

I got my letter back from transunion stated they deleted my collection, but experion and equifax still show the collection. Is it true by law experion and equifax should have removed the collection since transunion approved and deleted it? It shows as closed collection, but its still on my report for the other 2 cras. How can I get them to delete it from the other 2 cras. I think thats why my scores differ so much my transunion is 670 the others are 624

[pizzadude]

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@falzool wrote:

I got my letter back from transunion stated they deleted my collection, but experion and equifax still show the collection. Is it true by law experion and equifax should have removed the collection since transunion approved and deleted it? It shows as closed collection, but its still on my report for the other 2 cras. How can I get them to delete it from the other 2 cras. I think thats why my scores differ so much my transunion is 670 the others are 624

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There is no law that compels a CRA to synchronize their records with other CRAs.   However they are required to report accurate information.

What was the basis for TU deleting the collection?   Did a CA agree to delete it?

[RobertEG]

If the dispute was resolved after response from the debt collector that the accuracy could not be verified, the debt collector was required under the FCRA to have reported that result to each CRA to which the information had also been reported.  The CRAs dont notify each other of the results of disputes, it is the obligation of the furnisher of the information to report any necesasary changes to the other CRAs.  Thus, you can contact the debt collector and remind them of their responsibility to have reported deletion based on unverifability to the other CRAs.

The rub in that process is that they often do not do so because they often do not comply with the FCRA dispute process requirements.

Under the FCRA, once a dispute has been forwarded to them, they are required to respond back to the CRA with the results of their investigation prior to the expiration of the CRA's reinvestigation period, thus ensuring that the CRA has their determination prior to making their final determination of their reinvestigation.

The results of their investigation could be either a verifcation of the accuracy as reported, a correction of the inaccurcy, or a finding that the accuracy could not be verified.

However, what if they simply do not respond back to the CRA with any results?  The FCRA requires the CRA to conclude its reinvestigation within 30 days of its filing, and mail ther notice of results to the consumer within 5 busniness days thereaftr.  It provides no extension for lack of response back from the furnisher of the disputed information.  Lacking any basis to verify, the CRA will then delete.

So........ technically, the furnisher has provided no finding of lack of verifiability that would also give rise to a requirement to report deletion based on lack of verifiability to the other CRAs,  Thus, by failing to comply with one section of the FCRA, they can assert lack of requirement to comply with another.

Kinda a catch-22 for the consumer.

My advice would be to first contact the furnisher and remind them of their obligation to have also reported their results to the other CRAs if any changes or deletion were required.  However, that is apt to get a blank response from the furnisher, as having failed in their requirement to have reported to the CRA handling the dispute is apt to also give rise to failure to report a finding to the others.

Next step may be to get the CFPB involved by way of complaint of their lack of compliance with response provision of the FCRA.

To obtain evidence of their lack of response to the CRA in the dispute process, one can send a request to the CRA under FCRA 611(a)(6)(B)(iii) for a description of the method and procedure used in contacting and receiving respose from the furnishr.  A so-called method of verification (MOV) request.

Having said all that, it is apparent that lack of furnisher compliance with the requirements of the dispute process can create a huge mess, and a real burden on the consumer in attempting to get it resolved.  While the good intent of the FCRA is to avoid the consumer having to file multiple disputes with each CRA on the same issue, in the end, it might be simpler to just file a dispute with each CRA.

[falzool]

The collection agency would not doing anything they told me you have a problem dispute with cras I did so with transunion not the others transunion said they found it to be inaccurate and deleted the collection it was comcast they made a mistake by having no record of my payment so it went into collections because I thought it was paid it wasn't.. When I found out I paid it was $56 in the TU letter I stated my situation and they decided to delete it. Just need to get it off the others also do I do everything the same but with the other cras? Should I include in letter that TU deleted it?

[falzool]

Credit reporting companies must investigate the items in question — usually within 30 days — unless they consider your dispute frivolous. They also must forward all the relevant data you provide about the inaccuracy to the organization that provided the information. After the information provider receives notice of a dispute from the credit reporting company, it must investigate, review the relevant information, and report the results back to the credit reporting company. If the information provider finds the disputed information is inaccurate, it must notify all three nationwide credit reporting companies so they can correct the information in your file.

According to this reading based on my situation where TU deleted the collection. They had to have contact the collections agency to get the information am I correct? If that's the case  shouldn't it have been reported to the other 2 credit agency's Since it was already found to be inaccurate with TU? What should I do? 

[RobertEG]

Yes.

There are three statutory requirements related to furnisher involvemnt in a dispute over accuracy of their reporting.

The first is that the CRA must forward a copy of your dispute to the furnisher of the disputed information within 5 business days of recepit of the dispute.  FCRA 611(a)(2).

The second is that the furnisher must then conduct a reasonable investigation of the accuracy of its reporting, and report the results of their investigation back to the CRA prior to the expiration of the CRA's required reinvestigation period (normally 30 days from filing).

The third is that if their investigation determines that their reporting either cannot be veirided as assurate or corrected to overcome that inaccuracy, they must also report that result to all other CRAs to whch they have also reported the information.  FCRA 623(b)(1)(D).

Thus, in making its final reinvestigation determinatioh, the statute envisions that the CRA will have the results of the furnisher's investigation as part of their basis for making their final determination regarding the dispute, and if the furnisher detrmines any correction or deletion is required, they must report that to all CRAs  A nice, neat assumption, but not always reality.

The CRA cannot delay their final determination for any reason, as the FCRA requires they send their Notice of Results of Reinvestigation to the consumer within 5 business days of expiration of their reinvestigation period, and provides for no extension of their reinvestiation period based on lack of response from the furnisher..  FCRA 611(a)(6).

[falzool]

Alright so you recommend contacting the collections agency about this? I already put dispute In for it in other 2 cras because I tried contacting the collection agency disgusting customer service hung up before I got too pissed. If this isn't resolved do I have the grounds to sue to get this off my record. Honestly this has all been so stressful work so hard to keep good credit and a mistake like this happens over $59

[RobertEG]

If the debt collector is refusing to comply with their requirement to report the results to the other CRAs, and will only do so if you initiate a dispute with each CRA, that is a blatant disregard of their statutory requirement, but if that is the game they wish to play, then so be it.  You have disputed with each CRA, so they will be compellled to investigate and respond to each dispute, simply requiiring duplicate work for themselves.

You should get the same resolution of each dispute.

While the OC may have been the source of the foulup, the debt collector's reasonable investigation of your prior dispute made them aware of it, so they have the obligation to correct or delete their reporting.

Unfortunately, their practice is also harming you, as each dispute, while pending, screws up your scoring with that CRA until the dispute is resolved and their dispute flag is removed.

If sufficiently ticked after all is finally resolved, you might also consider civil action and/or filing a formal complaint to the CFPB, detailing their refusal to comply with the statute.

The CFPB could chose to issue a sanction requriing them to discontinue their practice, and take future action should they violate that sanction.

Willful noncompliance of any provision of the FCRA also gives rise to civil liability on their part, with possble punitive damages.  See FCRA 616.