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bigtime
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Subject: Deleted accounts reappear on CR - What should I do?
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Tue Jun 23, 2009 7:05 am
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I will try to make a long story short. After several months of demanding validation for a debt, I finally filed a lawsuit against this XYZ credit card company. But later it ended up in a settlement. The company reported to CRA and it was deleted. I filed a motion to dismiss the lawsuit.
But now the same debt has reappeared on my Experian report after 3 years. I called them up and whoever answered said that it was never deleted. I must have been dreaming then.  Anyway what can I do now? Any help would be appreciated. |
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rachael
Joined: 11 May 2009
rachael's page
Posts: 244
6581 Magic Points
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Tue Jun 23, 2009 8:52 am
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Hi bigtime,
The Fair Credit Reporting Act requires that the credit bureau inform you, before they re-report a previously deleted listing. First you should dispute the negative listing once again. You can also enclose a copy of the settlement agreement you made with your creditor. You will find a sample "Dispute Letter" in the Letters of Credit section.
In case a "Dispute Letter" is not effective, you can sue the CRA for violation of FCRA. If you win, you can claim the court and attorney fees and any other damages you incurred.
_________________
Looking forward to a debt-free life. |
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scott
Joined: 28 Jun 2006
scott's page
Posts: 462
10934 Magic Points
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Wed Jun 24, 2009 4:43 am
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Hi bigtime,
| Quote: |
| I called them up and whoever answered said that it was never deleted. |
If you are able to dig up some old credit reports, you can use them as proof that the debt accounts were indeed deleted earlier. You can also provide the credit bureau with any canceled checks, used to make payments towards the debt accounts in question. Enclose all these documents along with your "Dispute Letter" that rachael has already mentioned.
Good luck to you. Let me know about any progress.
_________________
SCOTT
Use your credit account responsibly and enjoy a debt free life. |
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