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Reinsertion Question


Saptrus
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The creditor has the ability to verify & re-insert after the 30 days.

If this does happen the CRAs must notify you within 5 business days - if they don't then you dispute again pointing out their failure to provide notice of the re-insertion and that you want the account deleted.

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<blockquote>Originally posted by kb9tbq

The creditor has the ability to verify & re-insert after the 30 days.

If this does happen the CRAs must notify you within 5 business days - if they don't then you dispute again pointing out their failure to provide notice of the re-insertion and that you want the account deleted.

</blockquote>

Are there certian situations where they would have to give you your mini-marandas again?

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<blockquote>Originally posted by Swede

<blockquote>Originally posted by ADSOFT

Are there certian situations where they would have to give you your mini-marandas again?

</blockquote>

The Mini-Miranda only applies to CA's, not CRA's.

</blockquote>

Um, what I ment was if a CA failed to verify a neg TL in a round of disputes then later reinserts later, i.e, the neg TL is within the 7 yrs.?????

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<blockquote>Originally posted by ADSOFT

Um, what I ment was if a CA failed to verify a neg TL in a round of disputes then later reinserts later, i.e, the neg TL is within the 7 yrs.?????

</blockquote>

?? sorry, do not understand the queation.

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<blockquote>Originally posted by ADSOFT

....."The creditor has the ability to verify & re-insert after the 30 days. "

I guess that answers the question, no mini-marandas, huh?

... that sucks.

</blockquote>

The Mini-miranda is required as per the FDCPA in connection with communication between the CA and the debtor. It doesn't apply to the OC and/or the reporting requirements for reinsertion. The CA only has to give you the MM once and thereafter, any subsequent communication with the debtor doesn't need to contain the entire MM, only that the communication is from a debt collector.

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Um, what I ment was if a CA failed to verify a neg TL in a round of disputes then later reinserts later, i.e, the neg TL is within the 7 yrs.?????

This part does not involve the Collection Agency at all; is only between you and the CRAs.

Don't matter what the CA does at this point - it is a technicallity that the CRA must remove since they failed to update you to the status of account being reinserted.

Once removed this time it is a done deal - it won't come back. Nothing contained in the tradeline matters at this point.

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<blockquote>Originally posted by Swede

<blockquote>Originally posted by ADSOFT

....."The creditor has the ability to verify & re-insert after the 30 days. "

I guess that answers the question, no mini-marandas, huh?

... that sucks.

</blockquote>

The Mini-miranda is required as per the FDCPA in connection with communication between the CA and the debtor. It doesn't apply to the OC and/or the reporting requirements for reinsertion. The CA only has to give you the MM once and thereafter, any subsequent communication with the debtor doesn't need to contain the entire MM, only that the communication is from a debt collector.

</blockquote>

Thanks Swede.

..hey I'm starting to read, (lol)

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<blockquote>Originally posted by Saptrus

My questions is more related to the frequency of this happening. Do the bad items reappear 20% of the time? 50%?

</blockquote>

Impossible to say, however, the frequency that the CRA notifies you within 5 business days is slim to none and that's where you have your chance of forever ridding the account. If you are not notified- off it goes again.

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<blockquote>Originally posted by Saptrus

My questions is more related to the frequency of this happening. Do the bad items reappear 20% of the time? 50%?

</blockquote>

Well, I'm not sure if I understand your question, but I had a situation yesterday, where I had 2 NEG TL'S from the same CA, same amount, different date and different account #. After organizing all the EQUIFAX reports in chronilogical order, I noticed that an Item had reappered, I called EQUIFAX, the guy deleted on the spot. so,.......I guess if you can prove its an error, it gets deleted on the spot, how often ????????

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