Once negative item deleted from credit report can it be re-reported?

[Anonymous]

I had a few negative items (that were showing as open collections) for small amounts for some medical charges that were already paid.  I disputed them through all three reporting agencies and all 3 removed them subsequently.  Recently I called to inquire about a third one in collections through my university that I wanted to pay, they referred me to a collection agency, then next thing you know, the agent on the phone is telling me she will just call me back and sounds very abrupt.  She calls me back and said she called the school to have the collections reopened and then I find out, she mistakenly had them re-open the ones I so painstakingly had removed in the first place from my reports.  I am livid and I cannot believe that after all this work getting them off my reports and sending the letters of dispute to the agencies I will have to go down that road once again and also just wait around for it to be reported when it shouldn't have been in the first place.  I called the school numerous times to get in touch with someone and they contend that the debt is valid, even though I had them successfully removed from my reports.  Anyone have any suggestions?  Is it legal for them to continue to report a debt that has already been disputed and deleted from my credit report?

[Anonymous]

Yes, deleted accounts may be reinserted BUT the CRAs MUST give you written notice within 5 days of reinserting. Do you have a printed copy of the credit reports that the negative item was deleted from or the written notice from the CRA showing the account has been deleted?  If so, I would wait 5 days and then call or fax the reporting agencies.

(B) Requirements relating to reinsertion of previously deleted material.

(i) Certification of accuracy of information. If any information is deleted 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) Notice to consumer. If any information that has been deleted from a 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.

(iii) Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

(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.

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).

[Anonymous]

Thank you so much for your help!!  I will make sure to make copies of the letters sent confirming deletion of those items.  Thanks again!

[Anonymous]

You're so welcome. You might also print out a copy of the before and after credit reports if you have them. Below is a sample letter I found online. It may be of help to you.

Good luck!

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July 14, 2008

Equifax
P.O. Box 740256
Atlanta, Georgia 30374

RE: Account # XXXXXXXXXX
Creditor: Nasty Collectors Inc

Social Security Number: XXX-XX-XXXX

Dear Equifax,

After reviewing my credit report from your company, I have discovered that you have reinserted the above mentioned account without giving me the appropriate notice as mandated by the following law, under the Fair Credit Reporting Act (FCRA):

611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

(5) Treatment of inaccurate or unverifiable information.
(B) Requirements relating to reinsertion of previously deleted material.

(i) Certification of accuracy of information. If any information is deleted 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) Notice to consumer. If any information that has been deleted from a 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.

(iii) Additional information. As part of, or in addition to, the notice under clause

(ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

(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.

(C) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph (other than information that is reinserted in accordance with subparagraph (B)(i)).

(D) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer-reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer's file to other such consumer reporting agencies.

The above-mentioned account was deleted from my file on approximately May 13, 2008 (please see enclosed page of credit report which details this) and was reinserted on or before June 30, 2008. Please permanently delete this account and send me an updated credit report after it has been corrected. Thank you for your immediate attention to this matter.

Sincerely,

 Ms. Credit Worthy