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wantsshy | Really need credit help...overwhelmed.? |
Can someone please tell me how to get rid of negative reports on my credit report and stop collectors wo are trying to collect on debts and re-aging accounts that are well past the zeven year mark and were due to come off of my report but haven't? Also I have already used freeannualcreditreport.com this year, how can I get new copies of my report?
Additional Details
I do pay my bills...This stuff is over 7 years old.... |
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Crazyjester9
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First off don't be overwhelmed...if these clowns are actually re-aging these accounts and you can prove it, thats an easy $1000 lawsuit against those who are doing it.
I get all my credit reports and scores through Washington Mutual bank. They have a credit monitoring thing for $10 a month.
First thing you need to do is get a current report somehow. Then look at all the collection accounts. Those that you think have been reaged, dispute it with the credit bureaus and send the collection agencies demand to validate letters. They'll have to show all the accounting (including the delinquency date) and alot of times they can't or won't do this so it ends up deleted.
Remember, the burden of proof is on THEM...not you.
Here is a good link that shows the actual law and does a good job explaining it. Keep in mind that cap is wrong, it's 7 years from the date you became delinquent, and that date cannot be changed under any circumstances.
http://creditinfocenter.com/creditreports/cr_time.shtml
If you don't have any luck getting it removed by disputing it with the credit bureaus, feel free to contact me and I can help you out. |
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SlimMick
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You should be disputing directly with the credit bureaus and NOT the collectors. Send disputes via Registered Mail with Return Receipt to all credit bureaus stating: These items are past the seven year allowable time permitted by the Fair Credit Reporting Act. |
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keith_dude
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I take it that you are NOT paying these old debts. If you're not, then good for you. People will think I'm stupid for writing this, but don't pay old debts - when I say old I mean debts that have passed the statute of limitations.
But I digress...
First off, don't talk to them over the phone. When they call, tell them to stop contacting you. Second, if they are mailing you, you should send them a cease and desist letter. If these debts have passed the statute of limitations, I would suggest that you tell them so in the letter BUT ONLY DO THIS IF THIS IS THE CASE and YOU KNOW FOR A FACT. If you start throwing legal terms at them without knowing if they apply to you, they might just turn around and sue you and this could complicate your situation entirely.
You only get one copy of your credit report a year. Some states allow additional free copies if you are denied credit based upon information used in your credit report. Some others let you get one as many times as you want. Otherwise, you have to pay after your first one. I don't think you need a new copy of your report. Just use the most recent copy that you have and work off that. Collection agencies must prove that the debt is valid. I would write a letter to each of the credit reporting agencies disputing the debt. Tell them in the letter which debts have been re-aged. Send a copy of your credit report and notate on THE COPY THAT YOU SEND TO THEM what portions have been re-aged or should drop off. Make sure it is obvious on the credit report copy you send them what debts you are talking about and which ones are false. Then send the letter and supporting documents to each of the agencies and wait. It will probably take some months before anything is done since the verification process is arduous and LONG! DO NOT bombard credit reporting agencies with these types of disputes. If you send too many, they legally can ignore them, and if you become a 'problem' in this regard, they will simply drag their feet. You should only send another request after your first request has been processed and you have received a response.
Remember, if the debt can be validated by the credit reporting agencies, it must be removed.
If that doesn't work, you should contact an attorney who specializes in this. Re-aging of debt is illegal and should not be tolerated! This whole process could take a year so be patient, take your time, and see the process through. |
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Sophia H
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According to the Fair Credit Reporting Act, collections can not be reported by a credit reporting agency for more than 7 years:
§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c](a) Information excluded from consumer reports. Except as authorized under subsection(b) of this section, no consumer reporting agency may make any consumer reportcontaining any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, fromthe date of entry of the order for relief or the date of adjudication, as the case maybe, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedatethe report by more than seven years or until the governing statute of limitationshas expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more thanseven years.
(4) Accounts placed for collection or charged to profit and loss which antedate thereport by more than seven years.
I would contact the Credit Reporting Agency and have them to remove the adverse accounts because the statute of limitations is expired and you are no longer on the hook to pay. The only exception is if the collections are for student loans and then unfortunately these loans can remain on your report indefinately.
Finally, you can get new copies of your credit reports if you have been recently denied credit, or on pubic assistance, or are a victim of identity theft. If none of these apply to you, then you can order your credit reports through www.myfico.com (Fair Isaac ) which is the company that designed the FICO score formula.
For future reference log onto this link so that you can read the Fair Credit Reporting Act in detail at:
http://www.ftc.gov/os/statutes/031224fcra.pdf
I hope this helps. |
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SPIFIMAN1
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Slimick is correct. |
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Zawadi
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if you have evidence that you have cleared the bills(receipts etc), let the 3 credit bureaus know and they should be able to update your info.....I had a similar situation approx 2 years ago and it was fixed |
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sukbunny
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If it's past the seven year mark I would call the debt collection agencies and demand that they give you written proof that these accounts are yours. if they can produce them then you'll have to pay them...but most won't be able to produce these records anymore...if they don't have proof that they are yours ,then they have to removed them. If old items that should be gone are still on there, just dispute them in writing. some you can even dispute online, but it's good to have a paper trail. If they are under 7 years you can offer to settle for a smaller amount..some will be willing to do this just to get some of the money back. You can get a free credit report from places like freecreditreport.com and others like it...just remember to cancel your membership before they charge you. |
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mvbc32
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pay your bills. if you work with the collectors they will help you plan and this will help your credit more than anything |
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cap
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heres how the 7 years work.in 2001 you didnt pay a credit card.it was sold to collection agency and last date reported was 08/02.its from the last date reported,not when you stopped paying or charged off |
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