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Creditor says "It's illegal for them to remove info from report". How can I respond back?

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Aspireto850
Established Contributor

Creditor says "It's illegal for them to remove info from report". How can I respond back?

Hi All,

 

Just sent a goodwill letter to my credit union to request removal of two 60 day lates from late 2016. They responded that's it against the law to remove information that is correct.

 

So is there a way to respond that could potentially sway them to approve the 'goodwill' request?

 

Thanks.









10 REPLIES 10
pipeguy
Senior Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

I'm not sure is "illegal" in a prosecution or dollar fine way, but it is against the agreed terms for reporting to the credit reporting agencies and remember lenders "need" CRA's to pull credit reports from too. I have found that credit unions tend to take derogs/defaults more personal and rarely if ever will do a GW removal - PenFed sure won't.  

Message 2 of 11
Anonymous
Not applicable

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

Someone more expert will surely come along, but as I understand the issue: 1) they are required to report "accurate" information; 2) they are under no obligation to report. 

 

I see no reason they couldn't just NOT REPORT those particular months. That's what I would ask for, while detailing the several compelling reasons I deserve such consideration.

 

 

Message 3 of 11
pipeguy
Senior Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba


@Anonymous wrote:

Someone more expert will surely come along, but as I understand the issue: 1) they are required to report "accurate" information; 2) they are under no obligation to report. 

 

I see no reason they couldn't just NOT REPORT those particular months. That's what I would ask for, while detailing the several compelling reasons I deserve such consideration.

 

 


What you are suggesting is "a favor" that by omission does not reflect "accurate information".

Message 4 of 11
Bees18
Frequent Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

They can choose to pull it back, that's not illegal. I would send a goodwill letter to someone in an executive position, make it personal and explain why you were late.

 

it really depends on who your dealing with and what company it is.

Message 5 of 11
Anonymous
Not applicable

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

Looking on my own CR there are months, several years back, where different CC's did not report. Was I late those months? I don't know (I don't think so). By omission did they report inaccurate information? No. They are under no obligation to report anything.

 

Message 6 of 11
Aspireto850
Established Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

While  I recognize they are under no obligation to remove any information that is correct, according to the FCRA, I'm asking are there any suggestions our successes others have had when they received this same feedback when they tried for a goodwill delettion. 









Message 7 of 11
RobertEG
Legendary Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

The issue is more of who you now address your request for deletion to rather than arguments pertaining to the accuracy of their statement that removal is "illegal."

 

The FCRA does not mandate reporting, and does not prohibit deletion of reporting.

The FCRA mandate is that what is reported cannot knowingly be inaccurate.

 

The issue with good-will deletions is not violation of the statute, it is potential non-compliance with their credit reporting agreements with the CRAs.

The CRAs have a vested business interest in maitaining the completeness of credit reports they sell, and dont want accurate information removed.  Such subjective removals could decrease the value of credit reports, and if carried to extreme, removal of all derogs based on payment of the debt would drastically affect the completeness of consumer credit information, and skew scoring.

 

To ensure compliance with their credit reporting agreements, many furnishers (creditors, businesses and debt collectors) implement internal policy statements and pass them down to their employees that state that it is improper, or even contrary to the FCRA, for delete.

Underlings are then bound by that policy, and have no discretion.  They wll often incorrectly state that the policy itself was implemented by some prohibition of law.  However, they need provide no reason to deny deletion, and thus it is a bit fruitless to continue to argue with the denying employee.

 

The next step should be to address your request to upper management, such as by contacting their executive office.

Upper management sets the policy, and only they have discretion to grant exceptions.

Sending continued good-will requests to underlings is thus often futile.

Message 8 of 11
Bees18
Frequent Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

I have had success by sending it to someone in a high up position, like an executive...maybe google the company and see if you can find a name or email...if you can even find a name maybe mail or fax directly to that person. 

 

I personally would not give up, you most likely spoke to CRS who was told to say that and isn't supposed to, but sometimes people in higher up positions agree. It's worked for us before.

Message 9 of 11
Aspireto850
Established Contributor

Re: Creditor says "It's illegal for them to remove info from report". How can I respond ba

Thanks. It was sent to a senior member of the team (SVP) and not someone at a lower level. Sounds like I just need to reply with a 'thanks for your consideration of my request'!

 

Smiley Wink

 









Message 10 of 11
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