HI CAN ANYONE HELP ME WITH THE STATUE OF LIMITATIONS? MY CAR WAS REPOED IN 1995 BECAUSE IT WAS A LEMON, I HAD AN ATTORNEY AT THE TIME & IT WAS IN DISPUTE. NOW IT IS SHOWING UP IN FEB, 2000 AS A NEW COLLECTION WITH A DIFT FINANCE COMPANY. CAN THEY DO THAT? PLEASE EMAIL ME AT SABRINAWVCA@AOL.COM OR JUST RESPOND TO THIS. THANX
Yes, a new company can report the debt as long as they use the original dates. However, it can not be on your report twice. If it is already listed one of the accounts must be deleted. No duplicates listings are allowed. It can remain on your report until 2002 (years from repo date). roni
Ask for a validation NO, they cannot redate it. It's called reaging the account and it's illegal. They can add a line, but you can challenge it on 2 accounts. One: it's a duplicate of the original creditor and it's also been redated. They're trying to use your credit report as blackmail to get you to pay. It's illegal for them to act like it's a "new account" and they absolutely know it. They're just seeing if they can get away with it with you so you'll pay them. You can dispute the account with the CRAs as "not mine". It's not. You have no contract or agreement with the collection agency and as long as you don't sign a new agreement with them or make any payments, you can request a validation. While the CRAs are doing your dispute, use the validation letter sequence. You challenge the collection company on its right to even collect the debt. You make them prove the debt with a series of challenge letters you send. More often than not, they have no proof of the debt and they go away in 60-90 days and they remove the entry entirely. Search this board for "validation". It will give you letters as well as info on how we do it. You're using your rights under the law. By the way, do NOT talk with the collection agency. Only communicate with letters. DO NOT make any promises to pay. DO NOT pay them a dime. That will only hurt you. Also, a more complete explanation (all in one place) of the validation process is here: http://mix6.com/credit and it's free info. By the way, at the same time you may want to try and validate the debt with the original creditor. If they don't still have your original paperwork, you may then demand that they never again send this loan to another collection agency. Unfortunately, even thought the SOL has passed and the collection agency can't sue, the original creditor and/or the collection agency can keep assigning the debt to new collection agencies effectively keeping this an issue for a while. Best to head it off now. Read the info and old posts here then, once you've done that, come back and ask questions if you still have any.
