Got hit with a collection

[leah5570]

Hello all,

I had taken a break from my credit report cleaning, lots of other stuff going on. In June, however, I had sent an email to the CEO of BYL Collections, my notorious utility bill, requesting again if I pay this bill I firmly believe I don't owe and have no proof of owing, will they remove from Experian, as I had successfully won my dispute with Equifax and Transunion. Less than a week later I get a scorewatch alert, my score plummeted to 541 with a new collection being listed, my wonderful loving BYL. I pulled TU, and wah-la, they showed me love there, too!

Since I successfully won a two month dispute process with Equifax and Transunion over this C**P, is there a way to reiterate to TU and EQU that since they already removed this wrong information previously, they can't re-add this to my reports with no new information? Still no communication from BYL. They are the worst when it comes to collections; they are liars and manipulate my reports as they KNOW I have been very active in repayment of my legitimate "mistakes".

Thank you! This is the last time I take a break from this project of mine.

[guiness56]

It can be reinserted but they (CRA) have to notify you in writing within 5 days of its reinsertion.

FCRA 611

(B) Requirements Relating to Reinsertion of Previously Deleted Material

(i)

from a consumer's file pursuant to subparagraph (A), the information

may not be reinserted in the file by the consumer reporting agency

unless the person who furnishes the information certifies that the

information is complete and accurate.

(ii)

consumer's file pursuant to subparagraph (A) is reinserted in the file, the

consumer reporting agency shall notify the consumer of the reinsertion

in writing not later than 5 business days after the reinsertion or, if

authorized by the consumer for that purpose, by any other means

available to the agency.

This is supposed to be in the letter they send you:

(I) a statement that the disputed information has been reinserted;

(II) the business name and address of any furnisher of information

contacted and the telephone number of such furnisher, if reasonably

available, or of any furnisher of information that contacted the

consumer reporting agency, in connection with the reinsertion of

such information; and

(III) a notice that the consumer has the right to add a statement to the

consumer's file disputing the accuracy or completeness of the

disputed information.

[leah5570]

I never received anything from anybody, including the CRA. The only way I found out was Scorewatch sending a text alert, then the pulling of my credit reports.

What do I do now?

[guiness56]

I would write a nasty letter to the CRA and site the FCRA.  Since they failed to notify you they are in violation of the FCRA. 

[leah5570]

Thank you. It just sucks. Both Equifax and Transunion did this. So off to figure out what to do with the both of them. lol.

[RobertEG]

I see your frustration. But I cant offer any real resolution, as the whole process is kinda a joke.

The proper cite for reinsertion rights of previously deleted information is FCRA 611(a)(5)(B).

That statute does not set a high threshhold, at  the least, for a creditor to reinsert information that was prevsiously deleted back into your CR..  Basically, all it requries is that the one who is requesting reinserttion of the information "certifies" in some unspecified manner that the previously deleted information is "complete and accurate."  FCRA 611(a)(5)(B)(i).  There is no requirement for "new information."  That requries only the typing of only three words on their  computer......"complete and accurate." . Not a huge hurdle to clear.

Sure, FCRA 611 (a)(5)(B)(ii) then requries the CRA to provide you written notification of the reinsertion within 5-days, but what if they dont?  That notification requriement is placed on the CRA, not the poster of the information.  Complaints and disputes with CRA complaince with the FCRA are under the jurisdiction of the FTC.

If you complain with the FTC, they just dont have the resources to take action on every  individual consumer complaint, unless serious or class-action issues are involved.  Reinsertion into one consumer's  credit file of information that the reporter has now certified as complete and accurante is about as low on the scale of FTC involvement as I could imagine.

[leah5570]

Thank you, Robert. I have had it with this particular collection agency. They are liars, and have no proof I own the debt. They are punishing me. I will take my issue up with Equifax and Transunion; the dispute process was lengthly with letters being mailed back and forth for "proof of identity" and all that. Finally the results are in, and sure enough, something was done that showed the CA was to removed from my credit folder. Now, it's on again for me to once again prove? Honestly does Equ. and TU have no record of a dispute process, despite all the records I must submit to them for an "investigation"?  I was going to pay this company off to make them go away. Now they can waste their precious resources over $155 to punish me, and I will keep saying not mine. Some people just don't take a hint.

Thank you all for directing me in the right direction.

[IOBA]

Maybe I missed something somewhere along the line...did you ever DV the collection agency?

By law, they must cease collection efforts -- and that would include posting it on your credit report.  It's my understanding (which could be wrong) that posting on your credit report, after a DV not acknowledged/responded to, would be in violation of trying to "collect" on the debt that they have not verified.

Just wondering...

[creditchild]

believe me guiness when i tell you the fcra is a joke also. sometimes i  think they work with these cras. i've complained to them and also had

proof my rights for me violated. they in turn sent me a letter back telling me that the matter was between me and the cras. i'm telling you all this

 is just a racket!  thats why these people do what they want to do with your credit. i've sent the cras violations in writing and they still refused to

follow the law. i even threatned to sue them, still they refused to budge. so what do you do?

[leah5570]

They never sent response after four DVs I had sent them (the CA). Then when I called them in December, they sent their statement letter and who the original creditor was. The original creditor has no info on my file. They are now removing and reinserting this account (the collection agency) every single month on my credit reports. Every month my score is dropping A LOT! And each score alert says a new collection was added.

Any sample letters on what to send to the credit report bureaus? I am still working on disputing this, and need some mroe guidance. Thank you so much for everything on the board. I really, really appreciate it.