I noticed some of my positive tradelines from my TU report have been deleted. These items were old, good tradelines from 1996-1997. I notified the original creditor, who just called me today. She stated that they did not request these tradelines to be removed, 2 of the accounts they are going into their archives to try to relocate, the 3rd one they still have in files. She also told me they contacted TU and inquired about the removal. TU responded to them, that they don't know either, There is nothing in thier systems asking for them to be removed. They were investigating too... I'm going to wait and see what the OC comes up with on all accounts, if they get added back on, great. If not, I asked for a letter stating that they DID NOT remove these tradelines, so hopefully I can take it directly to TU. Question is, what would I accomplish if I were to sue TU over these positive accounts that were deleted. They can't just add them back if the OC can't resubmit the info, right? I mean I can't give them my old copy of the report with them being on their and have them add them could I? What kinda damages would I be looking for? Any help?Ideas?
Didn't you think that your file was split a while back? Could they be there? The other thing - what would your suit be based on?
Jlynn, yeah, my file was split a while ago, but after your e-mail, it was taken care of...all put back like new...but...no, it wasn't on the split file either. this all happened after my very first round of disputes 6 months ago. I just noticed it last month...stupid me. I was so worried about the derogs, not paying attention to the positives. Anyway, that is my question. What would I sue them for? Maybe failure to maintain accurate info or something along those lines... I dunno, thats what I need help with... Man, between fixing my Jeep and arranging to get child visitation enforced, I have about 2 weeks of catch-up reading to do...Can't wait til I get to work Monday to get back to the credit repair!!!
LOL - My Jeepy is sick too. DH seems to think he is an airline pilot when offroading - needs a shock, front end alignment, and two new (not cheap) tires. I'm concerned in that you don't have anything to sue for. Remember- one of the logics we use AGAINST CA's is that yes you can delete. No where in the FCRA does it say you have to report, but if you do it better be accurate. I think you are going to have better luck sweet talking the OC's into readding the accounts.
OC has already found one account, looking for the other two, they said it should be a week or so. Keep my fingers crossed... BUT... What if the OC has reported, and never asked for said account to be removed? I guess my question is, can a CRA DELETE an account for no reason? I know the FCRA says they don't have to report, but if they do it better be accurate. What if the accounts WERE 100% accurate and the CRA's still deleted? The OC is sending me a letter stating that they NEVER asked for the accounts to be deleted. Can the CRA be held liable in any way? I'm guessing not... P.S. Herculiner is in, Jeep is up and running!!
You know, I have lost a few positive TLs myself. They were old accounts and I can't help to wonder if they were helping my score. I have managed to get quite a few deletions, but my score really hasn't improved. Could it be that if the old positive was still on my report, my score could be alittle higher. So - could sue on the basis that the CRA is purposefully keeping you from getting credit because removal of the positive TL keeps your score down.
You can't sue for inaccurate reporting, because the CRA's don't report, instead they gather info that OC's report to them. I don't think there is anything that says a DF or creditor "has" to report anything to a CRA, including negative stuff. This is how some goodwill letters work, the OC doesn't "have" to report anything, including derogs, so some will adjust your tradeline to say "never late." And the CRA is under to obligation to report anything that a DF doesn't ask them to report. But, since these accounts were on there previously, you might have a slim chance at proving that by them removing the tradeline without the original DF requesting so, that they are willfully or maliciously harming your credit history and credit score. Not sure it would hold up in court, but might be used in a strongly-worded letter to the CRA to try and coerce them into placing it back on. But, best bet is to get the OC to re-report this. FedUp2003
Thats the problem. The OC sent me a letter stating that they did re-report these tradelines, but Trans Union still doesn't report them. I got several other violations against TU from re-aging to not properly reinvestigating. I just want to know if I can also go for this deletion of positive accounts too, not by itself in court.
