(in regard to a paid collections item marked unpaid for over a year) Dear Sirs: I recently pulled my credit reports from two credit reporting agencies, Equifax and Experian, to make sure that my credit was complete and accurate. I was dismayed to find that an account that I had paid to your agency has been incorrectly reported on for over a year. This is in direct violation of the Fair Credit Reporting Act and the Fair Debit Collection Practices Act. Congress has found that: â??The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. â?? Section 1681s-2. Responsibilities of furnishers of information to consumer reporting agencies (a) Duty of furnishers of information to provide accurate information (1) Prohibition (A) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. (B) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if - (i) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and (ii) the information is, in fact, inaccurate. Section 1681o. Civil liability for negligent noncompliance (a) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of - (1) any actual damages sustained by the consumer as a result of the failure; (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court. (b) Attorney's fees On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. My credit has been damaged by your inability to correctly report this item. Pursuant to Section 1681s-2 quoted above I request that you therefore delete all information regarding myself (the consumer) to any consumer reporting agency that you report to. Sincerely....
Oh, and also - Can collection agencies pull a hard inquiry on your account if the account is closed? (in reference to above)
You didn't point out what is incorrect. If they are reporting it as late 3 times, you may want them to remove the lates, thus leaving a perfectly paid account, rather than have it deleted. Yes ca's can pull your credit. Supposedly the permissable purpose is to locate you.
It was an account that went to collection. So no, I cannot prove that it wasn't late. And the name of the company is xxx Collection Services so as you can see, I really don't want it on there AT ALL. But it was paid. So I have been trying to figure out how to get off a paid collection on ALL three accounts. How I read section 1681 is that if you can prove that the CA has been incorrectly reporting the account you can request that they pull ALL of the information they have been reporting on you from ALL the CRAs they report to. Not update it, just get rid of it. Otherwise, the argument would be, what if they screw up in the future? Do you have to constantly monitor it? That shouldn't be my responsibility; it's theirs. And if they do not report it correctly, negligently or otherwise, they must take it off. I have not disputed it. It shows correctly on one report, I do not know what it shows on TransUnion. My thinking is that if it shows incorrectly on one, (it is paid, btw) they MUST remove it on all three. If it is a CLOSED PAID account, then there is NO reason for them to run an inquiry. If they do, after receiving this letter which has my current address AND a copy of the endorsed check why should they run an inquiry? There would be NO permissable purpose and then I could get them for 1000.00 for running an inquiry for NO PERMISSABLE PURPOSE. Thoughts, anyone??
