Should I dispute a claim on my credit report? Is there a statue of limitations? Please help...?

Question

In 2006 my husband signed up to receive dvd's from an online company. That same year he canceled the account but the company kept sending dvd's. He called and canceled again and received a confirmation email from them but still they continued to send dvd's. He sent them back. After looking at his credit report in 2011, he noticed the company has opened a negative account on it in Sept. 2010. The last time we had any contact with the company I believe was in 2007, when they kept sending a bill. We called and told them that we had cancelled and that we send the dvd's back. We haven't heard from them since. Problem is the computer that he had saved the confirmation email on crashed and we got rid of it. Also, the email account it was send to closed because it was a school email account. We just don't know what to do. If we dispute it and lose then we will have to contact the company and if there is a statue of limitations won't that start over again? I just want it off his credit report. Please help if you can.

Answer 1

The statue of limitations varies by state. Yes, you can dispute it on the credit report. It is worth a shot. The problem may be the account may have been sold to a third party. Read the Sept 2010 entry again. I'm thinking it to be the third party. They are required to send you notice. Could they have sent it to his college address. If you failed to respond in 30 days of the notice, the law allows them to believe it a valid debt.

Check the report for a contact number for the company on the credit report or Google the company claiming to have the account.

Answer 2

The DVD company sold the debt to the collection agency who reported it to the credit bureaus. You can try to dispute the item, but probably won't get very far. The DVD company says you have an unpaid debt and you no longer have any record showing you cancelled or returned the unwanted DVDs. It boils down to a dispute with the original creditor.



Derogatory items age off your credit report 7-1/2 years from the date of first deficiency. This is per the FCRA and nothing restarts this clock.



The Statute of Limitations (SOL), the timeframe to bring lawsuit, varies from state to state. Typically the SOL starts from the date of last activity or last payment. Making a payment can restart the SOL. Folks often mergen and confuse the SOL and the reporting period. They are two completely different things.



You may want to think twice before disputing this item with the credit bureaus. You may open a can of worms with this collection agency -- they are not one of the nicer ones. There is no requirement for them to contact you before reporting the defaulted debt. The FDCPA does require them to send written validation within 5 days of initial contact. However, that validation is basically the amount, the original creditor, dates, and notice of your rights to dispute.



The ONLY way you will be able to get this removed is to negotiate a pay for delete with the collection agency. Offer 10% to 20% to expedite removal, but specifically indicate that you are not acknowledging the debt. Get it in writing and do not give them direct access to your bank account.

Answer 3

So, TP, who is reporting it? A collection agency or the DVD company? File the online dispute. If you're working with a collection agency request validation of debt pronto. Where is the printed email? Always keep your stuff in backup such as scanned or in a safe place. Call them up to let them know you've disputed it already before and canceled it many times.

Answer 4

Without that confirmation email, your case is dead in the water. They are going to say you never cancelled. So it will be their word against yours.



You can dispute it to see if they even respond. Maybe they won't and it will be removed. Most likely, though, if they were that difficult to get them to cancel a simple account, I can imagine they aren't going to lay down and not fight this.

Answer 5

The finance guy's answer grew to become into rather good. just to characteristic to it slightly: The longer it is going w/o reporting the fewer it is going to impact your scores. in case you pay it off your scores will drop before everything. A % of your scores relies off of cutting-edge sequence activity. Paying off a team is cutting-edge sequence activity. do no longer complication, it is going to bypass up w/i the subsequent month or 2. only understand that in spite of in case you pay it off they do no longer could eliminate the tradeline out of your credit. they're going to instruct a 0 stability yet nonetheless bypass away the account there. in case you compromise the account for a decrease quantity have them deliver you a letter pointing out the settled quantity and once you pay it have them deliver you something asserting the account is paid in finished and shop it for you data. One final factor, do no longer anticipate that in the process seven or 10 years it is going to easily fall off of your checklist and each thing is superb. i've got considered sequence companies sell a team on 3 hundred and sixty 5 days 6 and it stay with yet another corporation for some years.