     Anonymous | Tuesday, January 18, 2000 - 08:11 pm 
I have recently pulled my credit report as I plan to purchase a home later this year, and I noticed that a collection agancy is reporting a debt that was charged off more than seven years ago. I also noted that the same agency has made an inquirery, and I have never given them permission. I have sent all three CRA's a dispute and am awaiting a reply. Are there any other remidies/actions I should take? Also, what about the inquirery? I live in California, if that makes a difference. |
| Anonymous | Wednesday, January 19, 2000 - 05:51 am
Provided that you have "proof" that the debt is more than 7 years old (if you do not, ask the original creditor to send you a letter stating the date account opened, date of last activity, and current status of the account), you should send a certified letter to the credit bureau(s) and the collection agency (including photocopies of "proof"), stating that they are in violation of the Fair Credit Reporting Act. My guess is that the credit bureaus will at first resist removing it since their position is usually one of "we just report what our client tells us to report", so ultimately the collection agency will have to pull it to get it removed. If the letter does not work, next get an attorney and file a civil suit against the collection agency and the credit bureaus. Under Federal Law you have the right to collect damages. |
| Phil | Wednesday, January 19, 2000 - 06:04 am
Dear A-
Section 605 of the FCRA CLEARLY states that
"Except as authorized under subsection (b) NO
consumer reporting agency may make any consumer report containing any of the following items of
information-
(4)Accounts placed for collection OR charged to
profit and loss WHICH antedate the report by
more than 7 years.
If you do not specifically quote this section of
the FCRA more than likely the CRA's will merely
verify the debt and it will remain on your report.
You need to demand that the inquiry be suppressed
as it was illegal.
The debt was no doubt purchased for pennies on the
dollar. Check your states statute of limitations
and DO NOT be intimidated by the collector.
IF the inquiry was made through Experian they
will probably list this debt even if removed
as "reported by" They had been considering
previous address info as credit headers.
You may very well have to write to their legal
department to have this removed.
Good Luck-Phil |
