Next Step??

[Orrickc]

Back in March i paid off a creditor with a "pay for delete" and yes, it was over the phone. I was new to this... and didn't know better. Now, it is still reporting as Open. I disputed this Transunion, as it has been paid and it was VERIFIED! It is PAID... it should have been deleted at that point. I called the orginal creditor and they said, "We can report to them until we are blue in the face but if they don't take it off there is nothing that can be done" He also, then suggested I am lying. "If they verified it, it is correct!" Of course, i am livid right now!

What is my next step?? Where do I start? I have bank statements showing the bill as paid, a confirmation number as well as the name of the person I talked to. Any advice would be great!

[Hal Jordan]

What you need to do is request a copy of the deletion letter the creditor has sent to the credit bureaus. Once you get it. Re-send that to the Credit Bureaus along with a written request to have it removed. You could also send a method of verification letter to the credit bureaus asking how they verified the debt in the first place considering you have a letter in hand from the OC saying it was supposed to be removed... not verified.

If you have proof (like the deletion letter) and they still don't remove it you may have to file a suit for an FDCPA violation and willful non-compliance. Verification is a joke. They do it electronicly and it is really nothing more than a simple code that is sent to the Collector that asks for another code back confirming whether or not the debt is valid. They don't ask for any proof. Nothing.

The biggest thing you need right now is proof of the deletion agreement or proof of the deletion request that was supposedly sent by the OC to the bureaus.

Ask someone at the OC to provide you with a written statement saying the debt should be removed from all three credit bureaus.

Hopefully you can get a statement or proof because without it.. it's just he said she said. This is why you should always get something in writing BEFORE you pay.

[Lian]

I agree with Hal.

If they say they have reported this to the CRA, then the CRA must have a record in your credit file.

You don't have to "ask" the CRA to tell you what was reported. You have the statutory authority to require them to inform you of anything they received.

Under FCRA 609(a)(1), you can obtain "any item of information" in your credit file by way of a simple letter to the CRA. You need only include three things in that letter:

1. Proof of your identity (SSN, full name and address, copy of state-issued document, such as a driver's license, etc.).
2. Clear identification of the information requested.
3. The required fee, which is currently $10.50.

If the CRA tells you no such information was reported, you then have documented evidence that the CRA did not receive it. You dont have to dance around with either the party or the CRA.

(As an aside, credit reporting and deletion issues are covered under the FCRA, and not the FDCPA).