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SEARS account still haunting me since 1996

Date: Mon, 03/16/2009 - 18:44

Submitted by anonymous
on Mon, 03/16/2009 - 18:44

Posts: 202330 Credits: [Donate]

Total Replies: 7


This is the situation with me. Back in 1996 when I was 18 years old and irresponsible, I opened a Sears credit card and only stayed current on payments til 1997 (1 year). After that, I did not make any more payments on it at all. Now that I am 31 years old, I noticed on my credit report that Sears sold it to a collection agency and now I have two bad records for this. One for Sears and one for the collection agency. I tried to call the collection agency and they said that the bad mark wont be deleted til 2012, 7 years after the account was sold to them by sears and they have no information about my account while it was in the hands of Sears. I tried to call Sears and they told me they have no information about this account since it was sold. Is it possible for Sears to put a charge off date of 2005, 8 years after any payments were made on that account? Can I send a letter to the collection agency asking them for information prior to 2005, like my last payment date? Please Help!!!


Statute of limitations varies from state to state. Send the CA a debt validation letter (samples located elsewhere on this site) and check the SOL limits in your state as well. The CA might not legally be able to pursue your debt -- or they might. Don't pay on it until you're sure (if you do, you could wind up accidentally resetting the SOL clock).


lrhall41

Submitted by anonymous on Mon, 03/16/2009 - 20:40

( Posts: 202330 | Credits: )


I have to disagree with the 2016 date. FCRA reporting period is 7 years + 180 days from the Date of First Default. The only way that date could change is if the account was brought back to a current status and then defaulted on again. A JDB can only report the same DOFD as the OC. If you have disputed the tradelines and they have been verified by both Sears and the JDB (LVNV I would guess), then request and investigation under section 623 of the FCRA. They have 30 days to investigate and respond. If they do not delete the tradeline then sue them for $2500 per violation per CRA.


lrhall41

Submitted by NASCAR_Devil on Wed, 03/18/2009 - 09:53

( Posts: 4671 | Credits: )