Old CC bill and credit report..

What is the name of your state? Illinois

I have got my husband's credit report and we found an item on there for $8000 which states was opened 6-2002. My husband and I had no idea what it was for, so I looked into it. It turns out that this was from a credit card which my husband had opened in 1992. My husband had moved about 10 times since 1992, so the statements must have got lost along the way..we believe they were still going to the same address.

So, I disputed this info since the dates the report was saying is not the correct date. According to the agency, the account went to this collection agency in 2002, which is why it is stating this on his report. Is this legal to do? A credit card company can wait 10 years and then deceide to send it to a collection agency..which also looks on his report as if he had just opened this account last year, when in fact, it is 10 years old?

Something seems as if it should not be legal. A bill can be sent from collection agency to collection agency in order to remain on the report? Even after 10 years? My husband has not ever got a bill since at LEAST 1993..that is the last he has even heard about this bill.

Also, I am going to tell the agency that I need proof that these charges were made by my hubby. If they cannot provide proof, (signatures, billing statements, etc..) then, it has to come off of his report, correct? Not to mention, this bill was only 3000 and has gone up to 8000 over these years, but my hubby never even knew about it. If it won't come off the report, it at least should be lowered to the actual amount owed without interest, right?

Please help and let me know what I can do about this. Thanks!

[Ladynred]

Not only should it NOT be on his credit report (past the 7 year limitation for reporting) they can't collect on it either !!! If the last payment was made in 1993, then the SOL in IL, which is 6 years, ran out LONG AGO !

Since this CA has re-inserted an expired debt, you have a valid complaint with the Credit burueas and a BIG violation of the Fair Credit Reporting Act.

I wouldn't even ask for proof of the debt. They have made a huge blunder in re-inserting a debt that had already dropped off his credit report. If you can dig up any old records to prove when the last payment was made or an old credit report (which would be excellent), then you've got their butts in a vice for sure.

I'd write a certified letter to the CRA immediately disputing this re-insertion of an obsolete entry. I'd also send the collection agency 2 letters: the first a Cease and Desist stating the debt is time-barred and never to contact you about the debt again, and the 2nd and intent to sue letter for violations of the FCRA. The 2nd you demand they remove their illegal entry on his credit report within 5 days or you will sue them. Violations of the FCRA carry a fine of $1000 PER VIOLATION - so for every month they have reported this re-inserted debt, its a violation = $1000. If this first went on in 6/02, well..send me $9000 (plus add $$$ for damages for defamation, etc. !) immediately and I won't sue you !!!

If that doesn't make them back off in a hurry I don't know what will !

Heres a C&D letter to use for the expired SOL debt:

[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page3.html[/url]
PA statutes are on that site too.

For the illegal reinsertion, try this one:
[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page5.html[/url]

Knock these crooks down... they deserve it !

That was VERY informative and helpful. I will be sure to take the actions you suggested and see what happens. I had a feeling something was legally wrong there.

Thanks again!

[bigun]

In addition to Ladynred's advice, there is an excellent consumer law firm in Chicago. [url]www.edcombs.com[/url] click on special and they have a list of collection agencies whom they've developed an interest. EMail them with your specifics.