Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 09-09-2008, 04:14 PM
Junior Member
 
Join Date: Sep 2008
Posts: 10

Need Advice for Cleaning Up Credit Report


What is the name of your state (only U.S. law)? Nevada

Ok, I'm going to try to make this as short as possible so I don't bore you guys too much:

I went through a divorce 8 years ago, I'm happily married again, but my credit was RUINED from my choices as a child. Needless to say, 95% of the items on my credit report are ancient (past the Statute of Limitations)...I've successfully gotten the original creditors to remove their items off my credit report, but the collection agencies have remained. I've sent the "you're past the statute of limitations" letters, but nothing has happened. They continue to send me their bills and even received one letter back saying that the statute of limitations began for them when the purchased the account (yes, I know that is false).

So, what I'm looking forward is some advice. I need to clean my credit report up and get these things put away once and for all. What's the best way for me to do so? Should I hire an attorney or is this something that I can do on my own? I really don't feel like spending a lot of money cleaning this up, but I know in the long run it will be worth it.

Any advice would be greatly appreciated!!!!

Courtney
  #2  
Old 09-09-2008, 06:23 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,171
You need to be dealing with the credit reporting agencies, not the creditors.
__________________
we are all born ignorant. It is when one fails to remedy that ignorance when they become aware of that ignorance when one proves themselves, simply, they are just plain old fashioned; dumb.
  #3  
Old 09-09-2008, 06:28 PM
Junior Member
 
Join Date: Sep 2008
Posts: 10
The problem is, the only thing I can do with the credit reporting agency is "dispute" the actual item...they don't give a hoot if the SOL has past or not, nor do they care if the collection agency is the original creditor.

Do I continue writing letters hoping that one day they will be removed, or do I bite the bullet and actually call the CA's themselves? If I contact the CA's, will this restart my time for SOL?

I've suffered through the last 8 years with less than stellar credit, just waiting for my "7 years" to be up, now that it's past, my problems are still there, but worse because some original creditors are reflected as multiple collection agencies


DC - are you around? I've read many of your posts, and I am looking forward to a response from you
  #4  
Old 09-09-2008, 06:36 PM
Senior Member
 
Join Date: Jan 2005
Posts: 21,726
Well, you will need to work with the CRA's, not only the CA's.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #5  
Old 09-09-2008, 06:50 PM
Junior Member
 
Join Date: Sep 2008
Posts: 10
Should I begin with letters to the CRA's or the CA's?


Also - if I write the CA's, will this reset the timeframe for the SOL?

Last edited by casmith1980; 09-09-2008 at 07:03 PM. Reason: another question
  #6  
Old 09-10-2008, 05:55 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,171
Quote:
I've suffered through the last 8 years with less than stellar credit, just waiting for my "7 years" to be up, now that it's past, my problems are still there, but worse because some original creditors are reflected as multiple collection agencies
So, what did the CRA's reply when you informed them the SoL has expired and the report must be updated?


The CRA's must entertain your dispute. If they fail to correct your report when it is impropery, you have an action against the CRA's.
__________________
we are all born ignorant. It is when one fails to remedy that ignorance when they become aware of that ignorance when one proves themselves, simply, they are just plain old fashioned; dumb.
  #7  
Old 09-10-2008, 06:19 PM
Junior Member
 
Join Date: Sep 2008
Posts: 10
Quote:
Originally Posted by justalayman View Post
So, what did the CRA's reply when you informed them the SoL has expired and the report must be updated?


The CRA's must entertain your dispute. If they fail to correct your report when it is impropery, you have an action against the CRA's.

The credit reporting agencies have never responded with anything but "this is a valid debt"...they don't ever mention the SOL of the item, just that it was "verified accurate".

is there some letter that I should be sending them to show otherwise? The majority of the original creditors are gone because it's past the SOL, but the collection agencies remain
  #8  
Old 09-10-2008, 08:26 PM
Senior Member
 
Join Date: Jul 2005
Location: Missouri
Posts: 3,807
Quote:
Originally Posted by casmith1980 View Post
The problem is, the only thing I can do with the credit reporting agency is "dispute" the actual item...they don't give a hoot if the SOL has past or not, nor do they care if the collection agency is the original creditor.

Do I continue writing letters hoping that one day they will be removed, or do I bite the bullet and actually call the CA's themselves? If I contact the CA's, will this restart my time for SOL?

I've suffered through the last 8 years with less than stellar credit, just waiting for my "7 years" to be up, now that it's past, my problems are still there, but worse because some original creditors are reflected as multiple collection agencies


DC - are you around? I've read many of your posts, and I am looking forward to a response from you
SOL has nothing to do with credit reporting. An item remains on your credit report for 7 years plus 180 days from date of first default -- for most purposes. Obvious exceptions are security clearances, insurance and employment checks for jobs paying more than $75k a year.

No. You will not restart the SOL by disputing the item.

DC

PS Ladynred is the person I would talk to about disputing problems with credit reporting. You might want to try searching her posts.
__________________
Three books every person should read cover to cover at least once: The Richest Man in Babylon, The Complete Works of Shakespeare and the King James Bible. -- If you can't learn how to live a happy successful life from those books, you are beyond hope.

Quote:
OP needs counseling...not a court house. --Zigner
  #9  
Old 09-11-2008, 10:33 AM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,171
Quote:
Originally Posted by debtcollector` View Post
SOL has nothing to do with credit reporting. An item remains on your credit report for 7 years plus 180 days from date of first default -- for most purposes.
.
Is that not a statute of limitations that places that time period on reporting?
__________________
we are all born ignorant. It is when one fails to remedy that ignorance when they become aware of that ignorance when one proves themselves, simply, they are just plain old fashioned; dumb.
  #10  
Old 09-11-2008, 06:07 PM
Junior Member
 
Join Date: Sep 2008
Posts: 10
Thank you guys for all your help.

I just got finished doing all my dispute letters and I spent 30 minutes on the phone with Experian to clear up some personal information that was incorrect. Hopefully I'll begin to get some letters back shortly.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:32 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.