Can anyone out there tell me if it is legal for cra's to override a CA. This is the story, I have a CA requesting Equifax to remove a tradeline and the almighty Glenn King and his/her disciples at Equifax sent me letter saying paid adverse account is suppose to remain on my record for 7 years so they refuse to remove it. Is this legal? Can I sue over this?? I have the letters from the CA requesting complete removal.
They are relying on two things - The first is the FCRA says the item is allowed to be reported for this time period. The second is the creditors agreement with the CRA states they will not remove derogatory items in exchange for payment. The creditor DOES NOT have to respond to a request you make for verification nor continue to submit updated reports. If you dispute the item with the CRA and you ask the creditor NOT to respond to the verification it will have to be removed.
Have you tried sending the letters to Equifax? Call to start an investigation and tell them you would like to submit the letters as proof. Explain the situation with the mail concerns you and you would like to send it to them via fax. Ask for the number.... Can be done in days!
No, No and Yes in that order. If the CA is the reporter of the account they are trying to request to be removed and the CRA will not remove it, then that is a clear violation of the FCRA. If you want to sue you have grounds, I would still continue to try to get them to remove it and you may build up more violations and more $$ in damages...If you want to sue you should read Maries post here -Peace, Dave
Thank you very much guys. I have already written to them twice regarding this issue. The original creditor(a hospital) sent me a letter stating that they have a deal with the collection agency to remove every derogatory information from the credit file once the bill is paid in full. The funny thing is, I didn't even owe the money, the insurance company owed so I just called them and they took care of it.
I believe the CA needs to use language such as "account placed in error" or similar in their request for the CRA to delete. If the CRA believes they are reporting factual information they would have no obligation to remove the information. The CA should not elaborate and give further information with their request for deletion to a CRA, such as the account is now paid and we want it deleted.
I agree, and after reading my post I think I would have not written "clear violation", there are circumstances where a request by the CA to have an account removed would not be granted, such as Jeff's example of a letter saying "The consumer has now paid and is no longer in default, please delete the entry". That may also have a worse side effect by having it marked as paid and re-ageing the account for another 7 year period. If you have copies of the letters read them carefully. You could also try the tactic posted by Hal where you ask the CA not to respond to a verification request, and then send a dispute letter to the CRA. -Peace, Dave
