Hi everyone.... I disputed several a student loans as duplicates and TU tells me they didn't respond, resulting in deletion. Is this a situation where the mystical "cloaking" that TU allegedly uses will work to my advantage, preventing them from coming back? Anyone with experience? Tom
I did the exact same thing and the duplicates were taken off about a month ago. They haven't been put back on yet, but I hold my breath every time I pull a report.
When Trans Union deletes they do a "hard delete". So, once gone, gone for good. Now Experian on the other hand, will delete something, and then when the creditor does their monthly tape update, it will automatically reappear, despite the fact that it wasn't certified to be accurate, which is against the FCRA.
The heuristic is this: If an account is paid off and closed it's unlikely that'll be mag reported which means you're safe. If it's an account that's not paid off it likely will come back via monthly reporting UNLESS they code it so it won't be allowed to be seen. Now, if it comes back on you can scream FCRA violation b/c they're supposed to notify you if it's being rereported. The kicker here is case law, on appeal, goes to the CRAs: meaning if you actually filed and went though with a lawsuit appeals have held that the CRAs aren't responsible if a creditor rereported neg info (even if it really is erroneous). Ultimately, legally, noone has been very accountable when the cases go to appeals. But it's a good reason to scream and shout at a CRA if it rereports w/out notification (you'd likely get it off if they screw this up) So you'll just have to wait and see. Clear as mud?
I have a copy of an Equifax/CSC report dated 6/2000. The deleted two Student loan tradelines that were negative. I pulled a CR in 4/2001 and there they are gain.
