Credit Control Corp "it's unlawful to delete."

[signguy17]

I called Credit Control Corp today.  I had a collection paid for $616.43 for a hospital medical bill.  I recall the person say that they would delete it.  They never did.  I sent an email.  They called me back and the lady said that they can not do that.  I told her another collection company just up the road from them did and she said that was "unlawful." Then I found this forum....

I sent 3 more emails and I think 2 snail mails to no avail.  So today I called.  The lady said the usual "we cannot delete accurate information."  I told her that not factually correct that I had talked to Equifax and that they said the a collection agency can delete it as long as they delete it from their files first.  Then she said they just don't do that.

Game on!

So I just filed a complaint with the BBB and gave them 2 recent cases (and hyperlink) mentioned in this forum where CCC has in fact deleted and for them to deny my request and grant others was a grossly unfair business practice.  Lets see if they respond with the same answers I got from CapOne and I.C. Systems.... "although we do not delete accurate infromation from credit reports we have made a business decision to delete the requested file..."

Come to Papa!!

[WildTurkey]

Good luck. They deleted for my DW after a fight.

[JLTRUDELL]

I am having the same problem.  I have TWO collections from CCC that are paid and only $112 each and they said it was ulawful to delete.  I dont know what to do, or where to start! Im new too credit "repairing".

[RobertEG]

In my opinion, arguing wth them or filing complaints over whether or not deletion is "unlawful" will get nowhere, as decliing to delete does not require they have a statutory prohibition.  It is, in my opinion, a side-issue.  In fact, it may harden their position against deletion.

Putting aside for the moment the issue of oral contract, which is the real legal issue,,the FCRA does not state that deletion of any prior reporting is prohibited, only that any information reported cannot knowingly be inaccurate.  So no "illegality" there.

However, the CRA has a polciy, as set forth in their credit reporting manual, that prior reporting should not be deleted based on payement of a debt.

So, to that extent, a furnisher has a business/contract agreement with the CRA, and declining to delete is in compliance with that agreement.

Additionally, a request for deletion, absent a contract agreement to do so, is simply a request for their good-will, which they can always decline without presenting a reason.

Not needing a specific statutory prohibition against deleting in order to decline, the issue of whether or not there is any such statutory prohibition is kinda immaterial.

However, if they make a contractural agreement to delete in exchange for payment, the legal ball game changes.  It then becomes a contract, and if only presented orally, is still a binding oral contract.  One may then bring civil action against them for breach of contract.

BBB complaints may work, as the issue goes to their business practice of making such a promise/oral contract, and then not abiding by the agreement.

They may conply in order to appease the BBB, but compelling them to do so would, in my opinion, require civil action for breach of contract, not violation of the FCRA.

[signguy17]

The BBB is a last ditch tactic for me.  It may be a false premise to file a dispute over a denial to delete but it is also a false premise for the collector to tell me it is illegal or unlawful.  I talked to Frank at Equifax (no idea who he is or his title...maybe the janitor) but he said that as long as the collector changes their file first then it is their duty to correct the CRA files.  He said that was well within the perimeters of accurate reporting.

I sent like 5 emails, 2 snail mail letters and 2 phone calls to IC Systems....denial after denial.  I lodge a complaint/dispute with the Minnesota BBB and the file was deleted in less than 10 days.  I feel that if they can remove a late, CO or even a timeline for one then they can do it for all.  Besides, of all the people with lates, COs or whatever evn know to ask for a deletion or a PFD.  Maybe 2% of the population???  I didnt until I found this forum....I am the product of endless hours of reading yours and everyones posts... and I appreciate your tie and wisdom...  Modcut

[JLTRUDELL]

What exactly did you say to the BBB in your complaint?

[signguy17]

They never said anything.  They (BBB) only contacted IC Systems and told them there was a complaint and that IC Sysytems had 10 days to reply.  On about the 8th day I got a letter saying that although they report true and accurate information they were going to go ahead and make  this go away (paraphrasing) and grant the deletion.

[JLTRUDELL]

I meant what did you say to BBB?