Best Way to Delete a Neg Tradeline

Discussion in 'Credit Talk' started by FedUp2003, Jun 30, 2003.

  1. FedUp2003

    FedUp2003 Well-Known Member

    Looking for help,

    What is the best way to get a Negative Tradeline entry in my credit report deleted? It is a Collection Account being reported.

    Problem is this, the debt/bill was Paid in Full years ago, but the Original Creditor forgot to notify the CA that they had just assigned the account to, and so after a month or two of the CA not receiving a payment (And why would they, as the OC already had received Full Payment) the CA sent in the Negative Tradeline to the CRA's.

    I was told by the original creditor to not worry about the collection notice from the CA, they would call them off and instead accept payment directly from me.

    I paid the OC directly, and thought the whole issue was settled and closed.

    Lo and behold, several months later I didcover that the CA was never informed that OC took payment from me, and so therefore they reported me to the CRA's as never having paid this account, and it now shows as a Collection Account in my credit report, but at least with a Zero Balance.

    Still, the Collection is there and harming my FICO, and it should have never been put there to begin with.

    Any attempts to talk the CA doesn't work, as they have nothing to gain - they have no money to collect and why are they going to waste their time telling the CRA to delete the Tradeline?

    The OC doesn't care, they have their money and they aren't going to waste their time calling the CRA's or the CA to have them get the Tradeline deleted.

    I'm so PISSED! The OC assigned this to a CA, even though it was only 45-60 days past due, then tell me they will call off the CA and take payment directly from me.

    They certainly took my money, but never called the CA, and now the CA refuses to remove this item cause as far a they are concerned, once assigned to them from the OC, they have every right to report this to the CRA's.

    Thanks in Advance of Any/All Help!

    FedUp2003
     
  2. spyd3r

    spyd3r New Member

    I can understand your frustration. I'm a newbie, but from what I've read, the first step would be to send a validation letter to the CA.
     
  3. jlynn

    jlynn Well-Known Member

    Look at the nutcase series.
     
  4. lbrown59

    lbrown59 Well-Known Member

    Quit opening multiple post about this!!!!!!!!!!!!!!!!!!!!!
    You are making it much harder to follow your case and it complicates giving the best advice.
     
  5. FedUp2003

    FedUp2003 Well-Known Member

    I only posted several times because the first 2 may have been too long-winded, as the replies did not match the answers ...

    Second, thought if I broke down the problem into several pieces, it would help in getting better or more targeted answers.

    Sorry, did not realize there was a limit to the number of posts one could send in.

    FedUp2003
     
  6. FedUp2003

    FedUp2003 Well-Known Member

  7. lbrown59

    lbrown59 Well-Known Member

    Sorry, did not realize there was a limit to the number of posts one could send in.

    FedUp2003
    ======================
    There isn't; but by keeping the topic to only one thread it makes it easier to keep up with your situation. It's hard to follow and get the full picture when the reader has to jump all over the place from thread to thread.




    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  8. cibomatto

    cibomatto Well-Known Member

    Has anyone suggested whiteout?


    OK. just kidding...

    I am going to read the other threads to make sense of this when I have time.. :)
     
  9. FedUp2003

    FedUp2003 Well-Known Member

    I'm beginning to think that it WAS/Would have been better to break this down into several posts, each targeting a specific topic.

    Why you ask?

    because the replies I see on the Collection Agency rules thread are kinda hit and miss, like a shotgun pattern instead of the sniper shot that I need.

    I've read all the FAQ's, Threads, Primers, etc ... about Validation letters, LN letters, etc ... but none seem to specifically address the problem that I have.

    I'm posting my email, if anyone wants to communicate directly and get the specifics of my problem, I would greatly appreciate it.

    I don't think the standard Validation or LN letter will work in my situation, at least not without being modified in it's content or prodecure - that's why I'm looking for specific help and not wanting to be directed to some other thread.

    Thanks, and here's the email:

    "klowman@hotmail.com"

    Again, thanks.

    FedUp2003
     
  10. DanceRat

    DanceRat Well-Known Member

    Search for my posts - have a great way to do this -

    DanceRat
     
  11. FedUp2003

    FedUp2003 Well-Known Member

    Which Thread?
     
  12. kbean

    kbean Well-Known Member

    well i would think... 'disputing with cra's as NOT MINE' first would do the trick... but you could also

    send the d/v, cmrr...get the green card, then dispute with cra's OR

    you could get a statement from OC on when the account went delinquent and when they received payment...

    OR

    this is my personal favorite...
    do the research, find the rule that says an oc must charge off after 180 days of non payment (fdic or federal banking laws)... or something in fcra/fdcpa that says 180 days before collection... and

    hit the OC HARD with a nice letter explaining how much you are going to sue them for since they received payment beofre they could legally send to collections... (or report collections)

    i would try to find the proof myself (proof of payment/date...) and hit them with that also and maybe send a copy of your tradeline with the CA (highlighting the reporting date...or whatever)

    what i did in a somewhat similar case was call the OC and got a silly rep on the phone and told them how i was going to sue them if they didn't get the shit off my report and they were like "oh we don't have any record of you ever having an account with us"... i said "can i have that in writing because it's on my credit report"

    i got really lucky though, they sent letters to the cra's requesting that the negative info be removed form the account... well they interpreted that to mean that the account was mine but put her in R1 status... so it's my oldest tradline now, and it's positive... good stuff... i would have been happy with deletion but that was even better...

    good luck
     
  13. ljones4521

    ljones4521 Well-Known Member

    Let me get this straight. You mean to tell me that after 180 days a creditor (0riginal creditor) must charge off the account? I ask this because I have a credit union who reports every month on repo car. DLA is 03/97. They list the Last Late Date as 03/01 which contradicts the DLA not to mention I have last year's report stating the Last Late Date as 06/00. Also it reports 99 mo rev.

    So....do I have a leg to stand on?

    Thanks a million.
     
  14. lbrown59

    lbrown59 Well-Known Member

    Invisible ink would be even better.
     
  15. kbean

    kbean Well-Known Member

    well most people here say there is no rule that suggests a creditor must 'wait' a period of time before referring an account to collections... but just like with credit cards, i think that many creditors send accounts off after 180 days of non payment... i am not sure, but i know that fdic/banking laws require creditors to charge off no later than 180 or 210 for accounts figured quarterly...

    i don't really understand your reporting synopsis...

    charge off occurs after 180 days of non payment. so if you made payments then stopped, started, stopped... you have to count from when you stopped...

    but try to think of when you went delinquent and never caught up again... the 7 year reporting time begins at the delinquency that leads to the charge off...
     
  16. FedUp2003

    FedUp2003 Well-Known Member

    kbean,

    This isn't really an issue about the 7 year period, and this is not a "charge-off" I have, it is a Paid Collection.

    The issue is this, the OC, actually Sylvan Learning Center, said I owed a month of tuition for Dec 97, even though they were closed half the month and I turned in a 2 week notice of discontinuing their service.

    We bickered back and forth about a month, and I finally just caved in and told them I would agree to pay them for 1 month's tuition - it's now about Late Janurary 98.

    Well, early Feb 98 I get a Notice from a CA trying to collect on behalf of Sylvan.

    So, my question, is why did Sylvan turn this over SO quickly to a CA?

    My question is, is there a specified time limit that an account has to be late, before an OC can legally turn over the account to a CA?

    I mean, I can understand when they turn it over after being 120, 150, 180 days late, but 1 or 2 friggen months! Esp. since I had been in dispute and weekly communication with them about the bill's validity?

    So, I paid Sylvan, but the CA still reports this as a Paid Collection.

    I'm looking for ways to FORCE the CA to delete this from the CRA's. If there is a law or statute that says Sylvan turned this over TOO quickly to a CA, then I have my ammo.

    Thanks in Advance for All Replies!

    FedUp2003
     
  17. SoParkDiva

    SoParkDiva Well-Known Member

    Re: Re: Best Way to Delete a Neg Tradeline

    There is no rule that says a creditor must charge off a defaulted account after 180 days. If they do charge it off, it's to get it off their books - but it goes to an outside collection agency and then you have to deal with those sharks.
     
  18. SoParkDiva

    SoParkDiva Well-Known Member

    Re: Re: Best Way to Delete a Neg Tradeline

    It doesn't matter what they update the last date to. It's set to fall off next year. You are one of the lucky ones =)
     
  19. kbean

    kbean Well-Known Member

    okay i get it...

    i was on the opposite side of the field... there are limits to how long a creditor can wait...but not vice versa (or so the experts here think)

    it has been suggested that you check with your state laws regarding this question...

    it does seem as though creditors should not jump so quick... it is not in their best interest (considering they will be getting less than what they would have originally minus collection fees)...

    have you disputed the entry as 'not mine' with cra's?
    if so what about "paid before collection"

    because if you paid the oc before you received your first dunning letter then maybe even try debt validation (it does work on paid collections)

    i think that if you can prove you paid the oc before the debt was turned over (since you disputed with the oc regarding the validity) to the ca, you should be okay... "but how?" you ask ? well i will be back, i am going to take this one to a friend at another board...
     
  20. kbean

    kbean Well-Known Member

    Re: Re: Re: Best Way to Delete a Neg Tradeline

    http://www.fdic.gov/regulations/laws/rules/5000-1000.html

    fdic...banking laws require charge offs at 180 days or 210 for quarterly accounts...
     

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