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Repost after removal

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Lasardo
Established Contributor

Repost after removal

I had a post from healthcare collections removed October 2012, It was just reposted on February 11, 2013. I contacted healthcare collections to advise that it had been reposted. They advised it was done on an automated system and they would do a "manual deletion" and to allow 20-30 minutes to check my report again.
I checked it the following day and it was removed off my EX report but EQ and TU it still remains.
I put in a customer complaint with the Consumer Financial Protection Bureau who will compleat an investigation and hopefully get this removed and avoid it from posting again in the future but wondered if anyone could advise me on any other steps to take.
Thanks in advance
CS 728- 01/13 from 554-12/11
Goal: 800
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Repost after removal

Did you even try to dispute it with TU before you filed with the CFPB? I would assume you still have the reports from TU of when you had the file removed? If so I would just call and talk with a representative in the states and get a fax number and send in the information that this was previously removed.  Maybe TU has not updated the information yet?

Message 2 of 6
RobertEG
Legendary Contributor

Re: Repost after removal

Reinsertion of previously deleted information is only regulated under the FCRA if the deletion resulted from a prior dispute of its accuracy.

Reinsertion then requires that the furnisher provide the lacking verification of accuracy to the CRA in the form of a certification of accuracy.

If they submitted that required pre-certification, and the CRA reinserted, then the CRA must send written notice to the consumer within 5 business days.

 

Otherwise, there would be no basis for a dispute or a complaint of FCRA violation.

 

Was there a prior dispute of the collection that was favorably resolved in your favor?

Message 3 of 6
Lasardo
Established Contributor

Re: Repost after removal

No there was not a previous dispute. I paid the account off and received a letter advising it would be deleted and it was. Now it was reinserted 6 months later. I have additional accounts with this particular creditor, will those be a concern?
CS 728- 01/13 from 554-12/11
Goal: 800
Message 4 of 6
RobertEG
Legendary Contributor

Re: Repost after removal

Then you have a private issue of agreement/contract violation, and not an issue that is a clear violation of the FCRA reinsertion provisions.

 

It's a bit dicy to complain to the CRA that they agreed to delete based on your payment, as that is contrary to their written policy.

 

If you have records showing their agreement, I would pursue directly with them.  Perhaps civil action for breach of oral or wriiten contract, depending upon the level of your proof.

Message 5 of 6
Lasardo
Established Contributor

Re: Repost after removal

I have excellent proof, I have letters stating they will be removed at the end of 10/12 and that the accounts are paid in full, which has no bearing I know but to remove and them reinsert seems shady.
This all occurs while buying my first home, I can't afford to have it repost. My next pull will be while closing on the house and the repost dropped me 98 points.
CS 728- 01/13 from 554-12/11
Goal: 800
Message 6 of 6
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