SOL on credit report

[whoknew]

What is the name of your state? Massachusetts
I just pulled my free credit report from 2 of the 3 agencies. After 8 years of rebuilding i have made progress in restoring my credit. However i have 2 potentially negative items on my Experian report that bother me. They are both from GMAC and are for 2 repossessions that occurred back in 1998. It all happened when i went from a 6 figure income to being out of work. The report shows that the reported since date is 07/1998. My question is, since the SOL in MA is 6 years should these have been taken off?? All other negative items have been removed and I have 8 accounts in good standing and no negative reports. it bothers me that these are still there. Am i correct in thinking they should be removed and if yes, then how do i go about it
Thanks for any advice

[JETX]

Originally Posted by whoknew

The report shows that the reported since date is 07/1998. My question is, since the SOL in MA is 6 years should these have been taken off??

It should be removed, but not for the reason you think. The state SOL has nothing to do with the period of time that a credit report shows a record. That limitation is set by the FCRA (Fair Credit Reporting Act).
Here is what the FCRA says:
§ 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 report containing any of the following items of information:
(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.
(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.
(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.
(5) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.
(6) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status, unless--
(A) such name, address, and telephone number are restricted or reported using codes that do not identify, or provide information sufficient to infer, the specific provider or the nature of such services, products, or devices to a person other than the consumer; or
(B) the report is being provided to an insurance company for a purpose relating to engaging in the business of insurance other than property and casualty insurance.

Am i correct in thinking they should be removed

If your dates are accurate yes.

and if yes, then how do i go about it

Simple... contact the reporting agency and ask them to investigate and remove. For a good sample letter, go to: [url]http://www.creditinfocenter.com/forms/sampleletter5.shtml[/url]

[Fizzle1979]

Repo's are usually covered under the Uniform Commerical Code for your state. The SOL clock starts ticking after the OC has repo'ed your car and sold it at auction or private sale. That date determines your DOFD and when the account will fall of your credit report.

They could have repo'ed your autos in 1998 and not sold them until months later.

Google "MA Uniform Commerical Code" to see if your state adopted that code or has a similar policy.

[whoknew]

Thank you for your response. I have downloaded the the letter you referred to and will send it off today. Sice these 2 items no longer appear on the other report, i don't think it is going to be a problem.

However, your copy of the FCRA has raised another question or 2. I have a couple of ca's calling in regards to items that have been removed because they were past the limitations. I get calls from these people but do not answer them. I know it is one of them because no name no number shows up. I do not answer because i read somewhere that discussing the matter could restart the sol.

If I understand the FCRA, they have no legal right to be persuing collection. Is that correct?? These debts were written off a long time ago and keep being resold. Should i answer the phone, tell them to send a DV letter and then send them a Cease & Desist letter.

I have no ability to pay. I have been on perm. disability since July 2003, and have no other income outside of SSD. I believe that is why they keep being resold. All of these debts go back to 1997, 1998. There has been no activity on any of them since then.

Also re: a judgement placed in 2003. Portfolio Recovery is the forth CA to buy this debt. since the judgement. Should I teel them that I have no ability to pay or just keep ignoring thier calls. The judgement was made while I was in the hospital undergoig heart surgery. I had no way of attending the hearing.


Tahnk for any additional advice!!

[whoknew]

I don't know if it makes a difference, but both of these repo's were for lease vehicles. The only thing they were after is the balance of the leases. At least from the amounts they show, that's what I think it was.

[JETX]

Originally Posted by Fizzle1979

Repo's are usually covered under the Uniform Commerical Code for your state. The SOL clock starts ticking after the OC has repo'ed your car and sold it at auction or private sale.

First, your 'advice' is trying to use the debt SOL (which is NOT what the OP is talking about). And even that is not correct, as the SOL is set by state law (and is triggered by the breach). The time allowed for a credit report to show the history (which this post is about!!) is set by the FCRA (as shown in my post).