New collection account

[Gerri]

I received an alert that I had a new collection last night.  It was CREDIT CONTROL SERVICE for 151 dollars.  It is from an old insurance company that I left and went to another.  It was paid in full when I switched companies.  It has been with other collection companies and I have disputed successfully.  Anyway I disputed with Experian online this morning and it has come back deleted.I am in shock that this could all be resolved on a Sunday!   After a dispute removes it can that company put it back on the credit report?

[RobertEG]

Yes, but there are restrictions.

Deletion is not absolute.  The determining factor is that the reported information be confirmed as accurate once a dispute is filed.

If, after having the information deleted as a result of a dispute of its accuracy, a party wishes to reinsert the deleted information, they must include in their request to reinsert a certification of the accuracy of the information.  That certification then overcomes the prior lack of verification of accuracy, and the information can then be reinserted.

See FCRA 611(a)(5)(B).

If information that was previously deleted based on a dispute is reinserted after submission of a certification of its accuracy, the CRA is required to separately send a specific written notice of the reinsertion to the consumer within 5 business days after the reinsertion.

If the CRA did not send notice within 5 business days after a reinsertion, that is basis to contest the reinsertion as not being in compliance with FCRA 611(a)(5)(B).

The lack of compliance would be either that the furnisher did not submit the required certification of accuracy with their reporting, or that the CRA, after accepting a certification of accuracy, failed to send notice of the reinsertion to the consumer.

In the posted scenario, the reinsertion provisions would apparently have applied to the prior collections.

However, if the new debt collector reported a date opened for their collection that is after the date you paid the debt, then you would have a separate basis for dispute.

A debt collector cannot obtain legitimate collection authority on a debt that was paid prior to the date they report as the date they obtained collection authority.

Thus, you can challenge the reporting as being inaccurate based on lack of legitimate collection authority if they reported a date opened for their collection that is later than the date you paid the debt.

[Gerri]

Thanks for the reply.  I guess my real question is how can it already be deleted after just a few hrs when it says they have 30 days.  that was really fast! I dont think that is the norm.....   Should I contact the agency or the previous insurance company directly now in order to clear this up before it happens again? It was 2 years ago that I dealt with it before with a different CA.  It seems it is being passed around.  

[RobertEG]

The CRAs use an electronic referral and response system, called e-Oscar, and it is possible to receive rapid termination of a dispute.

The reinsertion provisions of FCRA 611(a)(5)(B) apply to any party attempting to reinsert previously deleted information, and is not restricted only to the party who reported the information when it was previously deleted.

The CRA must thus have sent you written notification in order for the reinsertion to be valid.

[Gerri]

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@RobertEG wrote:

The CRAs use an electronic referral and response system, called e-Oscar, and it is possible to receive rapid termination of a dispute.

The reinsertion provisions of FCRA 611(a)(5)(B) apply to any party attempting to reinsert previously deleted information, and is not restricted only to the party who reported the information when it was previously deleted.

The CRA must thus have sent you written notification in order for the reinsertion to be valid.

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OK thank you!  The CRA did not do this!