credit repaired, now this
Date: Mon, 02/26/2007 - 09:34
Well, now the old company has sold this OLD debt to a new company, and they are threatening to put it back on my report. Can they do this?
Negative items can only be on your report if accurate, and not o
Negative items can only be on your report if accurate, and not over 7 years old. I don't know which statute you are refering to. The statute of limitations (SOL) deals with the length of time that must pass in order to not be successfully sued for the debt. Send a letter demanding validation, and a separate letter stating you will only communicate via letter; no communication over the telephone.
If they are planning on re-aging the debt, that is another matter, and it is quite illegal.
According to the internet, the statue on reporting bad debt is 4
According to the internet, the statue on reporting bad debt is 4 years, and my credit report shows the date in which it was removed, which was October of last year.
Do you have any more information on re-aging the debt?
And the 7 years ended in OCtober
Thanks in advance.
Send them a cease and desist letter, return receipt. I advise in
Send them a cease and desist letter, return receipt. I advise including the following:
-Threatening to re-age a debt is illegal. Therefore, threatening to re-age is a violation of the fdcpa, resulting in a $1,000 fine.
-Refuse to pay.
-You are sending a cease and desist letter (ALL forms of communication are strictly forbidden).
-If they attempt to sue you, you will invoke the expired SOL defense.
Mail said letter return reciept.
A CA may not contact a debtor who refuses to pay, and if they attempt to sue you for it, answer the summons with a defense of expired SOL.
Unfortunately, while I know the penalties that apply for FDCPA violations, I do not know the penalties for FCRA vio's. Hopefully, someone else will enlighten the both of us soon.
If you do not know the mailing address of the CA, then use the google search on the side of the page to find them.
Or you can use the template I just found: www.debtconsolidati
Or you can use the template I just found:
www.debtconsolidationcare.com/template-cdletter.html
How old is the debt and who is the current creditor? Any account
How old is the debt and who is the current creditor? Any account having an outstanding balance and within the seven years mark can be re-inserted in the credit report, provided that company has your legit records. I am not sure how it got removed before the legal timeframe.
