How Do You Use The Fair Debt Collection Practices Act To Eliminate Collections From A Credit Report?
April 25th, 2009 | 
Author: I read that it is possible to use the Fair Debt Collection Practices Act to eliminate collections and possibly charge-offs from a credit report. My understanding is that when using this law you deal primarily with the collection agencies rather than the credit bureaus. Does anyone know how to go about doing this?
This is in response to the first four answers that I have received so far, none of which actually answer the question. Collection agencies do report to the credit bureaus. I know that a credit audit is used to require the collection agency that reported to the credit bureau to prove that the debt reported is a valid debt. If they are unable to provide the correct documentation, then they (the credit agency reporting) must remove the entry with the credit bureau. What I am not sure of is how to phrase the request to the collection agency. What documentation should they have to be able to produce and so forth.
If it is a valid debt there is no legal way to have it removed.
The FDCPA is the guidelines that collection agencies must use in attempting to collect the debt. Yes it is possible to do a proper Debt Validation per the FDCPA, and if they do not validate the debt request the Credit Reporting Agency(CRA) remove the collection listing.
However, that has nothing to do with the Original Charge-Off. To remove that you would have to dispute it per the Fair Credit Reporting Act(FCRA) where they must verify it.
In both cases even though they may not validate or verify it in the given time. If at a later point of time they do, it can be placed right back on your credit report. Also, if you send in what the CRA considers a "frivolous" dispute, they do not have to use the same guidelines. This could mark you in such a way that any future legitimate disputes may be ignored.
Posted in eliminate credit debt | 
Tags: Charge Offs, Collection Agencies, Correct Documentation, Cra, credit bureau, Credit Bureaus, Credit Report, Credit Reporting Act, Credit Reporting Agency, Debt Collection Practices, Debt Collections, Debt Request, Fair Credit Reporting Act, Fair Credit Reporting Act Fcra, Fair Debt Collection, Fair Debt Collection Practices, Fdcpa, Phrase, Question Collection, Validation
If you had an account go to collections and you paid the collection agency, there is nothing in the world from preventing the collection agency from reporting this on your credit records if the information is accurate. You would only be able to use the FDCPA to get them to remove it if the information was inaccurate.
References :
If the debt that has been reported is accurate, there is no way to remove it.
The Fair Debt and Collections Practices Act protects you from overly aggressive collection tactics, such as threats or intimidation. It protects you from inaccuracies in reporting.
If you have a debt that is legitimate and has been reported to the agencies, you will live with the black mark for a minimum of 7 years. In the event of a court order or a default on a loan to the U.S. government, the black mark will stay with you for 20 years to life.
The credit reporting agencies have taken steps to improve their process of appraisal over the years, up to and including the availability of credit scores which once were a very closely held secret.
One's credit score is a very valid measure of determining the value of one's word. When we take out a debt, we are giving our word that that debt will be repaid in full and as agreed. The FDCPA does not offer any sort of interference in the honest reporting of bad debts.
I hope this helps.
References :
If it is a valid debt there is no legal way to have it removed.
The FDCPA is the guidelines that Collection Agencies must use in attempting to collect the debt. Yes it is possible to do a proper Debt Validation per the FDCPA, and if they do not validate the debt request the Credit Reporting Agency(CRA) remove the collection listing.
However, that has nothing to do with the Original Charge-Off. To remove that you would have to dispute it per the Fair Credit Reporting Act(FCRA) where they must verify it.
In both cases even though they may not validate or verify it in the given time. If at a later point of time they do, it can be placed right back on your credit report. Also, if you send in what the CRA considers a "frivolous" dispute, they do not have to use the same guidelines. This could mark you in such a way that any future legitimate disputes may be ignored.
References :
If that was true everyone would have perfect credit. The fact is that the only people that can remove a debt is the collection agency that originally placed it, no one else. All disputes goto the collection agency which will agree to remove or keep it as correctly listed on the credit bureau
References :
http://www.controldatainc.com/collectioncosts.html