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Medical Collections Deleted: Can they Come Back?

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Anonymous
Not applicable

Medical Collections Deleted: Can they Come Back?

I've been helping my mom in the garden try to remove the medical collections from her credit report.  We have gotten 8 collection accounts deleted from her Transunion report. Whoo-hoo. We are still waiting and hopeful for Experian and Equifax.

 

My question is how do we keep these collections from re-appearing?  We want to pay the amounts owed to the underlying doctor's office, but I am concerned about them re-appearing as paid collections? 

 

Anyone else have experience with disputing collections and having them stay off?

 

 

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cyrusvalentino
Frequent Contributor

Re: Medical Collections Deleted: Can they Come Back?

https://rebuildcreditscores.com/what-to-do-when-a-deleted-item-is-re-inserted/

 

The 1st step in this guide is pretty sound when items are reinserted 99% of the time the CRA's do not notify, which is a requirement under the FCRA. Failure to-do so opens up many options to get the items removed again for failure to follow the FCRA this article does a good job in explaining how to get it removed if it is readded.

 

I would say try to talk to the OC, see if they can recall the collection if you pay the balance owed in full. This is always the best course of action first, many OC's do reserve the right to recall the debt as they essentially lose money when a collection agency collects on a debt. For example, if the debt is purchased from the OC by a CA the CA usually pays pennies on the dollar for the debt. If it is outsourced for collection, the OC loses money as the CA working the account collects a fee on the payments collected towards the balance. Hope this information helps you out.



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Message 2 of 5
Anonymous
Not applicable

Re: Medical Collections Deleted: Can they Come Back?

Thank you. Very helpful.
Message 3 of 5
RobertEG
Legendary Contributor

Re: Medical Collections Deleted: Can they Come Back?

A comment when the CRA has failed to send notice of reinsertion of information that was deleted as a result of a prior dispute.....

 

Reinsertion by the CRA is not per se a violation if the furnisher has provided verification of the accuracy of the information.

FCRA 611(a)(5)(B) permits the CRA to immediately reinsert.  The reinsertion is not delayed until after notice is sent to the consumer.  It is not the reinsertion that is a violation.

The CRA is required to additionally send notice of the reinsertion within 5 days.  If they fail to do so, then a slap on the wrist by the CFPB or a civil complaint by the consumer for violation of the notice requirement might be in order, but that does not make the reinsertion per se improper.  Resolution thus might be some sanction or award of damages against the CRA, but does not mandate removal of the reinsertion.

Message 4 of 5
cyrusvalentino
Frequent Contributor

Re: Medical Collections Deleted: Can they Come Back?

I didn’t know that Robert, appreciate the additional info. I thought the point of the 5 day notice was to allow dispute of the newly provided information before it was added back to the report, as such addition without notice would seem to invalidate the account being added back as it was removed after a successful dispute so to add the account back without input from the consumer is what that particular FCRA provision is designed to prevent.

Similar to how a consumer cannot just have something removed because they say it’s wrong, it has to be investigated with input from both parties in reference to the account.


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