over 10 year old credit charged off no longer on CR

Hi AJ

Since you said that you have not paid anything in the original account since the last 10 years, SOL period will not be affected by opening a new account. However, some old bank accounts are activated when you open a new account in the same bank.

Since you have promised to pay the past debt incurred, the creditor or collection agency will try to force payment but you have the legal rights dishonor the promise on expiry of SOL.

Do I keep checking my Fico scores from time to time to see if old account was actived? If it is, what do I do? Thank you in advance.

Write a letter to the collection agency stating the expiry of the SOL period of this account and therefore, stop all collection procedures.

Also, you should know if they are genuinely holding your account. They will provide you with complete debt validation details including the SOL period. From that information, it will be pretty clear that the statute of limitation period for legally collecting the debt has expired.

They are required to stop contacting you after receiving your letter. If they call, it will be violation of the fdcpa laws and you will be in charge of taking actions against them.

You can put your complaints at the FTC, BBB and the state attorney general office and hire a private attorney if required.

In my haste - not thinking. I shredded the letter. What should I do?

Which letter did you shred?

The letter from the collection agency did not validate your debt. Use this letter formatted by the moderator of this forum, Roxette to request validation for your account
Quote:

Yesterday, after many years I received a letter from a collection agency or some representing a collection agency. That's what I shredded. I don't know anything about this account that I haven't use in 15 years. I don't have account number. There was one on the letter I shredded - but I won't know if it was the right one or not. Does that help?

Hi AJ

I have gone through this entire discussion and appreciate that Ben suggested you towards the right direction. Thanks Ben for the help :D

I read that your account is not showing any activity since the last 10 years. I also see that it is not appearing in your credit report in the recent times. Well, relax, your debt is also past the seven years reporting time put by the FCRA.

After the debt is reported negatively in the credit file for seven years, it is automatically removed. So, your debt is well past that period.

Now, the collection agency will have no rights to put negative information back in your credit report. But, remember, if you pay a single dime to this account, your SOL will get renewed and the collection agency will hit in your credit file.

So, you have everything sorted out. But the CA is trying to recover money from you in every possible ways.

You do not have to worry in this situation as you are in the safer side. Send a cease and desist letter to the CA and refuse to be contacted by them. If they call you after receiving your letter, it will be a violating of the federal laws and you can take legal actions against them. You can hire a private attorney who deals in lawsuits of fdcpa and FCRA violations for this purpose.

Do not worry, everything is fine at your side.

Regards
Roxette

Thank you.

I did shred the letter I received yesterday from CA, so if I should receive another, I should send a cease and desist letter from above?

Thank you Ben & Roxette. This was very upsetting after all these years. What a great forum.

I recieved the same thing from Fingerhut just yesterday. I was wondering the same thing you are, it is funny while reading your story it was me to a tee:) Anyways if someone could please give us some insite into this it wouod be great.

well thanks alot ben and roxxane that was wonderful information that you both gave. I will sure be using this information also.

What are the SOL? Is it different in each state? I established my accounts in VA, but moved to CA and have not paid them since I left VA which was about 3 years ago. Thanks!

SOL = Statute of Limitations

When dealing with debts, this refers to the amount of time a creditor/collection agency has to file a lawsuit to collect a debt. Credit cards and written contracts have a 4 year SOL, while a verbal agreement has a 2 year SOL.

The expiration of the SOL does not mean that you cannot be sued after the 2 or 4 years, but in the event of a suit, you would answer with the SOL as your defense. This should result in the judge dismissing the case. I have heard that some states consider a lawsuit filed after the expiration of the SOL to be an unfair business practice or a violation of the FDCPA, and a debtor may have a counter claim against the creditor/collector (I do not know this for fact, however).

If my debt is over ten years old do I send a dispute letter or just a cease and desist letter. If the latter applies does it need to mention the SOL? Would you have an example?

Any account that is ten years old should be automatically removed from your credit file by now. Under the FCRA laws, the negatives stay on the credit for seven years starting from the date of first delinquency. Send a dispute letter to the CRA reporting this item and get it fixed immediately, as this is hurting your credit ratings.

Thanks, but I forgot to mention that it isn't on my credit report. I just received a letter from a lawyers firm supposedly representing a CA demanding payment.

If such an old item is not appearing on your credit, be aware that a small payment will renew the SOL and the attorney will put back the item on your file. They will insist you to make a small payment so that the item is again reported on your file. Once they make you do a partial payment, all legal actions will come into effect in case you default later. You need to send a dispute letter to the CA mentioning that the item is past the legal reporting timeframe and you are not bound to pay this account anymore.

Items dropped from credit report due to age cannot be put back on report as that is illegal.Be aware if you make a payment on this it may reset sol for court action and then they could sue you for the balance as well as place the judgement on your report.

If you make the payment, it may reset the statute of limitations.In this case you can be sued on the debt once again. So beware!!!

I resided in New Orleans, La. during Hurricane Katrina. A few creditors continued to send mail to me in NO,LA although I provided them with new contact information. They informed me that I was being given a 90 day deferment on my account, however they didnt extend it because they reported late payments of 30, 60, 90 days effective Oct/Nov 05. Subsquently I have repaid all of the debts in full including finance charges,late fees. I paid for merchandise that I didn't even receive because I wanted to prevent negative information on my Credit Report. I was told by 1 company that the disaster occured in Jul 05 and by attaching late payment fees (effective Nov 05),and reporting the account as late was a valid report and that the negative rating would remain for 7 years.

shirley,since this was during the hurricane I would send a letter to someone in the executive office for each creditor asking for removal of negative reporting.Stress your individual situation and all that happened during that time.