I thought CB's had to delete if they were wrong?

[gissyNYC]

All, I have a past due of 30 days on a old Victoria Secret Account. Howeever, the CB's were reporting this as an OPEN account and with a 95$ Balance.

I had a zero balance letter from Victoria Secret stating that the account had a zero balance and that the account had be closed at my request. I thought CB had to delete the accounts if they had an error and you requested it.

I sent them the letter and said because of the error please remove this account entirely from my report. Transunion deleted the late payment remark and update the account, but equifax, only changed the status of my acount to closed at customers request.

Should they delete entirely or not?

[kevin3344]

A CRA won't delete a TL entirely....there's nothing in the FCRA that allows that. They might update certain aspects of it, but once it's on your report the TL will remain for quite a long while.

________

Hyde Park Residence

Edited September 9, 2011 by kevin3344

[UNCForest]

Kevin, maybe I'm reading you incorrectly, but if CRAs never deleted a TL, I dont see why anyone of us would even be here?

Maybe I misread what you said though.

[redbank]

Maybe cause its the collection agency or original creditor that has to do the deleting????

[UNCForest]

But if a CA doesnt respond to a CRA's investigation, the CRA has to delete the TL. So there's one instance where the CRA physically deleted it.

[kevin3344]

Looks like the OP is talking about the OC.

I had a zero balance letter from Victoria Secret stating that the account had a zero balance and that the account had be closed at my request. I thought CB had to delete the accounts if they had an error and you requested it.

In that case, no VS would not delete the TL.

________

The Legend Condo

Edited September 9, 2011 by kevin3344

[UNCForest]

Perhaps, but unless I am mistaken, it is not correct to say the CRAs cannot delete a TL.

Again, maybe I read you wrong. If so, please let me know.

[gypsie]

All, I have a past due of 30 days on a old Victoria Secret Account. Howeever, the CB's were reporting this as an OPEN account and with a 95$ Balance.

I had a zero balance letter from Victoria Secret stating that the account had a zero balance and that the account had be closed at my request. I thought CB had to delete the accounts if they had an error and you requested it.

I sent them the letter and said because of the error please remove this account entirely from my report. Transunion deleted the late payment remark and update the account, but equifax, only changed the status of my acount to closed at customers request.

Should they delete entirely or not?

The FCRA states the information contained in a CR must be accurate. If a CRA does not CORRECT information to an accurate status after being provided proof- then you are within your rights to sue for wilful non-compliance of the FCRA.

But they are not going to delete something just because it is reported wrong, instead they are suppose to correct it

[gypsie]

They (CRA) WILL delete if an item can not be verified

[UNCForest]

They (CRA) WILL delete if an item can not be verified

Precisely. Im not saying they are required to delete if the TL's info is wrong. I was saying they DO have the power and ability to do it.

[kevin3344]

Oh yeah, that's true.

I was simply saying they won't delete simply because you request it lol. It will take a lot more than that for the OC to delete a TL. If the OC is reporting '0 balance account closed at consumers request', they do not have to delete as long as they corrected their mistake. Let's say it was reporting "30 days past due" but is now "Pays as agreed". The previous entry might have been a mistake, true, but won't result in the deletion of the entire TL once it's corrected.

But yeah UNC, I see your point.

________

Colette

Edited September 9, 2011 by kevin3344

[casey133]

So to be 100% clear:

The OC has the power / right to delete the TL

The CRA does NOT have the power / right to delete the TL

Is that correct?

[UNCForest]

Casey, no that is not totally correct.

Collection agencies (CAs), original creditors (OCs) and CRAs (equifax and the gang) ALL have the power and authorization to remove what they wish, within the law. Oh,... and if they feel like it.

So again...

CRAs CAN and DO delete entire TLs from your report. They may not delete it for your particular given reason, but they CAN and DO delete entire TLs for people.

[momof5]

I second that.

CRAs are obligated to delete if they cannot get an accurate version from the OC. That is my current fight on my Chase mortgage. I sent them my draft lawsuit (to CMMC, EQ, EX and TU) suing them each for willful non-compliance.

EQ called me within 30 min and are actively seeking to get it accurate by calling CMMC themselves.....they have until COB today since I told everyone that the filing gets done if the TL is not corrected or deleted by Mon 0800.

Understand that in the past 30 days, CMMC has updated this TL due to disputes (and also across the past 2 years....more disputes and redisputes). In the past 30 days alone they have sent 3 completely different versions of the pay history and current status. They are unrecognizable as the same TL when you also compare bureau to bureau (and I have sent my tri-merge listing to each of the CRAs with each dispute) AND TU has lates before the inception of the mortgage.

They are guilty if they report a TL that they knew or SHOULD HAVE KNOWN was inaccurate and they have the option to correct OR delete. Given over a dozen 'corrections' that didn't match one to the next, they should KNOW that CMMC is not and cannot report this accurately. They ONLY choice now is to delete.