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Collection acct deleted 3.5 years ago suddenly reappears


validationnoob
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Hi,

 

Took a look at my wife's creditkarma today, and noticed a new collection account. The Original Creditor is listed as Time Warner Cable, and the amount is $191.

 

Back in 2011, she disputed a collection account with an Original Creditor Insight Communications, in the amount of $190.59.

 

I have looked online, and learned that Time Warner Cable acquired Insight Communications in 2012.

 

The Debt Collector that shows up in creditkarma is not the same Debt Collector we dealt with back in 2011.

 

Back in 2011, she issued a Debt Validation Request to the DC Credit Protection Association, via certified mail and disputed the collection account with both Experian and Equifax. This is because this collection account did not appear on her TransUnion report. 

 

Within 30 days of the disputes and issuing the debt validation request to the DC, the collection account was removed from both her Experian and Equifax credit reports. 

 

It is my understanding that the information used in the creditkarma report is from TransUnion.

 

She has not yet tried to get her annual credit report. She got at least one, possibly more, back around March of 2014. So she may not be eligible for another annual credit report for another 3 months or so.

 

This new collection account has an opened date of April 22, 2014 and a last report date of July 27, 2014. Like I mentioned, it is not from Credit Protection Association, but from a different DC with a different name and address.

 

So, my questions:

 

Is this legal? What should we do? It was my understanding that if one Credit Reporting Agency deletes a collection account, you can use information from that action to get it deleted from other CRA's. The evidence I have is screenshots & PDF files from online credit reports, and I should still have the certified mail receipt for the DV letter. On previous dates this account appeared in both Experian and Equifax reports. Like I mentioned, within 30 days, this account dropped off both of them, and I have PDF screenshots of that as well. Given what has happened in the past, should we just dispute it again through TransUnion? Or issue a debt validation letter? Or both, or take some other action I am not considering?

 

Thanks so much for your help.

 

P.S. - also of note perhaps: The new collection account open date of April 22, 2014 came less than 1 week after we closed on our new home purchase. So my guess is that this activity is what put her back on the DC's radar. Maybe. This is why she pulled one or more of her annual credit reports back in March 2014, so that we could look into her credit before applying for a new home loan. I guess we are lucky this did not get reported earlier which would have interfered with our home purchase. 

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Is this legal? What should we do? It was my understanding that if one Credit Reporting Agency deletes a collection account, you can use information from that action to get it deleted from other CRA's. The evidence I have is screenshots & PDF files from online credit reports, and I should still have the certified mail receipt for the DV letter. On previous dates this account appeared in both Experian and Equifax reports. Like I mentioned, within 30 days, this account dropped off both of them, and I have PDF screenshots of that as well. Given what has happened in the past, should we just dispute it again through TransUnion? Or issue a debt validation letter? Or both, or take some other action I am not considering?

 

Yes it is legal.  The DV you sent to the first collector over 3 years ago doesn't apply to this new entity.  

 

Your understanding is wrong.  TU has no obligation to delete the TL because the other 2 did when the first CA did not validate.  My educated guess is that the first CA no longer had the account when you DV'd them and therefore could not respond and that is why it got deleted.  Another thing to understand there is no requirement that the account appear on all 3 reports.  Some collectors belong to one or two of them and that is legal too.

 

Most likely with the merger TWC sent all accounts to their CA who promptly reported it because they were hoping to poison her report prior to the mortgage so that you had to pay them quickly to get rid of it but they failed.  You have passed the mortgage hurdle and closed so this is a lot less worrisome.  I would send them a DV.  You can dispute it with TU too but the DV is likely more important.  They will probably validate this time.  Then you can decide if you simply want it to sit there until the reporting SOL passes or do PFD.  While OH has a draconian long SOL on lawsuits I doubt they head to court over less than $200.

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@Clydesmom thanks. I do understand that not all CRA's have to report the TL, but you were helpful in clearing up our other misunderstandings. We will send the DV and wait on disputing. We are not even sure if this TL is showing up again on Equifax or Experian, as we have not pulled those reports recently. 

 

I have one followup question:

 

What do you think our chances are for a PFD? I have read that DC's are more reluctant to do this nowadays, but it seems that reluctancy is more common with DC's who deal with larger clients who are more reliant on accuracy of CRA information to make lending decisions. Since TWC is not a lender, do you think that improves our chances? Or is it more of a cointoss as to whether or not we could get a PFD?

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@Clydesmom, so does that mean we should contact Time Warner? Or the Debt Collector?

 

I am also considering just skipping the DV and sending a PFD letter first, something like this.

 

Would that be a bad idea -- sending the PFD first, before the DV? If not again I repeat the question: should we request a PFD from the OC or from the DC?

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You should always deal with the creditor when at all possible.  I would start with TWC.  Some collection contracts require they refer you to the CA but if that is the case they will refer you to them.  Try TWC first.  If the DV doesn't matter and you just want a PFD skip it and send a settlement offer.

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