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Creditor agrees to expunge my credit report if I make payment-after I make payment re

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INDIANAPOLIS

Junior Member
What is the name of your state (only U.S. law)? Indiana
Creditor placed 2 negative comments on my credit report.
Creditor agreed in writing to remove comments if I paid-after I paid creditor has refused to remove comments.
Filed a small claims court action against creditor and collection agency for defamation of character.
Question I have is what other action can I take agaist creditor and collection agency ?
Have they broken any laws ?
Are there any agencies that will help me ?
 


TigerD

Senior Member
Tell me, please, how have they defamed your character?

What exactly does the agreement in writing say? Please type in the exact wording.

DC
 

swalsh411

Senior Member
The fact that you paid tells me you owed the debt which tells me that the creditor reporting said debt as unpaid on your credit report did nothing wrong. So by all means please let us know if any of this is is incorrect.
 

INDIANAPOLIS

Junior Member
"We will clear your credit history, After we receive your payment it will take a few days for us to be able to update the record, probably b y the end of the month, as soon as we update your account you will be entitled to make reservations."
 

Zigner

Senior Member, Non-Attorney
I believe that you have been mislead. I don't see that the agreement states that the items will be removed from your credit reports.
 

swalsh411

Senior Member
The creditor should update your credit history accordingly once you have brought the account current. That is not the same thing as having the entry deleted from your credit history. The only negative thing that is completely removed once paid (that I am aware of) is IRS leins. Everything else will stay for years, just showed as paid. Sounds like the collection agency promised more than they can deliever or you misunderstood.
 

LillianX

Senior Member
"Pay for deletion" is pretty common, and sometimes it works out, but the issue is that if it doesn't, you have little recourse. Technically speaking, a creditor isn't supposed to remove accurate information from a credit report. They will often agree to do so anyway, and if they follow through, good for you. If they don't, there isn't really much you can do about it.
 

Zigner

Senior Member, Non-Attorney
"Pay for deletion" is pretty common, and sometimes it works out, but the issue is that if it doesn't, you have little recourse. Technically speaking, a creditor isn't supposed to remove accurate information from a credit report. They will often agree to do so anyway, and if they follow through, good for you. If they don't, there isn't really much you can do about it.
OP didn't pay for a deletion.
 

TigerD

Senior Member
"Pay for deletion" is pretty common, and sometimes it works out, but the issue is that if it doesn't, you have little recourse. Technically speaking, a creditor isn't supposed to remove accurate information from a credit report. They will often agree to do so anyway, and if they follow through, good for you. If they don't, there isn't really much you can do about it.
And you know this "pretty common" from you copious years of experience as a collector?

It isn't common. Frankly collectors at reputable agencies consider that to be more of an urban myth. A collector at a disreputable firm might promise that ... but you aren't actually getting the Golden Gate Bridge either.

DC
 

cosine

Senior Member
The creditor should update your credit history accordingly once you have brought the account current. That is not the same thing as having the entry deleted from your credit history. The only negative thing that is completely removed once paid (that I am aware of) is IRS leins. Everything else will stay for years, just showed as paid. Sounds like the collection agency promised more than they can deliever or you misunderstood.
So you believe that the only thing to do when a CA puts a derogatory item on your CR is to just leave it there, and not try to figure out whether it is cheaper to PFD or sue?
 

chocolatecity

Junior Member
Not to detract from what other posters have said, but there is a federal statute on point here. No one needs to pay a creditor to remove inaccurate adverse information from your credit history.

Under the Fair Credit Reporting Act, the onus is on a consumer to find and dispute incorrect adverse items on his credit rating by contacting the credit reporting agency and requesting that it does an investigation. Once this happens, the reporting agency must either delete the disputed information or conduct a “reasonable reinvestigation” of the information's accuracy within 30 days. 15 U.S.C. § 1681i(a)(1).

To dispute inaccurate items, you're first going to need to request a copy of your credit report. This can easily be done online. Once you have a copy, you're going to want to draft a written dispute to the three major credit reporting agencies (included below). Your dispute should include the following information:

1) Full name
2) Current address and all addresses held within the last 2 years
3) Date of birth
4) Telephone number
5) Social security number
6) Name of spouse, if married
7) Current employment information
8) Clear description of the item that is being disputed, along with a copy of the consumer credit report in which the disputed item has been circled
9) An explanation of why the consumer is disputing the information
10) A request that the credit reporting agency delete or correct the information
11) Copies of any documentary evidence supporting your dispute

A copy of the dispute should be sent to each of the 3 major credit reporting agencies at the following addresses (recent as of June 2011):

Experian
NCAC
P.O. Box 9556
Allen, TX 75013

Equifax Information Services
P.O. BOX 740256
Atlanta, GA 30374

TransUnion
Customer Disclosure Center
Trans Union Consumer Relations
P.O. Box 2000
Chester, PA 19022-2000

It might seem like a lot of work, but it probably beats shelling out even more money to satisfy an already-satisfied debt.
 

Zigner

Senior Member, Non-Attorney
Not to detract from what other posters have said, but there is a federal statute on point here. No one needs to pay a creditor to remove inaccurate adverse information from your credit history.
That has NOTHING to do with this situation. The information that the OP wants removed is ACCURATE.
 

chocolatecity

Junior Member
That has NOTHING to do with this situation. The information that the OP wants removed is ACCURATE.
Kind of true, but not entirely (if I've read the OP correctly). The credit report of unpaid debt was accurate up until the point that the OP paid them off. As of now, the credit report inaccurately reflects outstanding debt.

However, on second reading, the OP is a bit unclear. It would be nice if we got some more background.
 

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