index page

If old debts are removed after 7 yrs, can a new collection..

Date: Mon, 02/12/2007 - 18:58
Submitted by on Mon, 02/12/2007 - 18:58
Posts: 202330
Credits:
[Donate]

I got my free credit report at the end of 06. Finally, after 7 plus years of waiting for some old cc debts to drop off, they did. All of the collection agencies were removed as well. However, a couple weeks into 07 I received an attempt to collect a debt from a collection agency that bought the debt. Can they now, since it is a new company, add this information to my credit report engaging this into another 7 years and again messing with my credit? Or, since the original debt was past the SOL, they are not allowed to?? I have read here that it is possible that they can do that but all I need to do is contact the credit bureau to have them remove it due to the the debt being over 7 years. What is the case? I was also told that I should go ahead and send a cease and desist letter asking them to not contact me further on this debt or I will continue to receive letters and possible negative adds to my credit report.. should I?
Thanks


Your statute of limitations has run for reporting purposes if they dropped off. They cannot legally put it back on your report as it would violate the fair credit reporting act,federal law. Since 7 years have passed write them a full cease & desist. Send certified return receipt and keep copy for your records.


Submitted by cajunbulldog on Mon, 02/12/2007 - 19:17

cajunbulldog

( Posts: 4850 | Credits: )


Not all companies go by the law. Obviously. Case in point, when I was 18 I got a JcPenny card and I defaulted on it. When I was 19 I went through bankruptcy and included them. Every time I moved, changed jobs, etc they updated their file renewing the "last date active" I filed disputes, contaced JCpenny even went so far as to file a complaint againts them with the FTC. Nothing. I finally got it removed a couple months ago, after 17 years of them reporting it. It had been 16 years since the bankruptcy discharge (CH 7) heck, even the bankruptcy dropped off and for 7 years they still reported it. I figure the person handling my file had some kind of consumer grudge and it stopped once they retired from the company.


Submitted by on Tue, 09/02/2008 - 11:28

( Posts: 202330 | Credits: )


So, I gather that, once SOL had been reached and 7+ years have passed from date of last activity, then the following are true (please confirm):

i) The CA's and/or their lawyers can no longer sue you for the debt, even if they can prove that it is yours.

ii) They can keep reporting/re-aging it on your credit report, but you can always have the CRAs remove it by claiming that it is obsolete (i.e., past the 7-year reporting limit).

iii) If (ii) is true, can anyone tell me how I can prove that it is old? Can I ask for a DV from the reporting CA? What if the CA provides incorrect results and show the debt to be not old enough?

iv) You can reapply for a credit card form the same creditor and they cannot reopen their collection efforts if they discovered your old charged-off account on their databases. also, can they put negative remarks on your credit report when they discover an old debt?


Submitted by on Tue, 09/02/2008 - 19:52

( Posts: 202330 | Credits: )