How many days after deletion of an inquiry, tradeline or public record does the CRA have to legally reinsert the deleted item back to your credit report? Thanks in advance for a response.
They can insert it anytime they want - as long as they notify you in writing within 5 days AFTER they reinsert it.
They have 30 days to delete. If they delete, they can re-insert afterwards anytime at all as long as they receive the proper account verification information (poviding the 7/10 year reporting SOL has not past). I believe the intended point of disputing/validation is to have the CRA's report only accurate information, not to give you an advantage...so if they receive the accurate information after they comply with deletion, they can re-insert. They are required to inform you of the re-insertion within 5 days though which they rarely if ever do. -Peace, Dave
If I understand all of you, I may get a public record deleted, but it can be reinserted days, months, or years later, as long as the statue of limitations has not expired the item in question? If it does, and the CRA does not notify me in writing, then what course of action is proper?
when i see someone saying "statue of limitations" i think of the time a person has to sue you by your state laws... I think the above posters are saying they can put the item back anytime before the date of last activity(dola) runs out, which is 7 years after your account went delequent or 10 years for bks... as far what can you do if they dont notify you within 5 days of putting it back on... I would say that you could go to small claims court for a violation but that would be a hard thing to win... All that they would have to say is I mailed the letter... All you can say is I didnt get it... just word against word unless they have you sign for the letter...
No. You subpoena any correspondence sent to you by the CRA after the date of the insertion. No CRA is gonna just fabricate letters like that for a court....aside from it being criminal, they'd get caught in a heartbeat and would face staggering punitive damage awards.
When a deleted item is reinserted, it is supposed to be "certified" as correct by the creditor to the cra. When I sued my experian affiliate, one of the reasons was they couldn't produce the certified proof of debt on an acct they allowed to be reinserted. After I sued them, their atty said they found the proof. I told him to forward it to me, and if it was within the FCRA rules, I would dismiss that part of my case. Guess what? They couldn't produce anything and it was permanently deleted. So in addition to notifying you within 5 days, they also must have written proof of the debt.
