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New CC from past creditor


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I know for a fact that my ex-husband never paid off the CC's that we had when we were married, and has managed to clean up his credit rating and thus buy a house with his new wife.

We have been divorced now for over 13 years, and now some collection agencies are contacting me to pay up...to the tune of almost $40,000....mostly bank CC's.

They cannot verify the charges, as I offered to go through the bills and pay those that were mine.

I have done without CC's for the past 13 yrs., but would like to build my credit, as well as help my college-aged daughters with their expenses.

I applied for several CC's online, and lo and behold ....was approved.

While reading the terms of one of the CC's, I realized that one of them was from WaMu, which is now in partnership with Providian..one of my past unpaid debts.

***My question...Can a bank come back 13 years later and put an old debt onto a new credit card? I have gone over the Terms enclosed with the CC, but nothing states that they can do that. However, I have heard of the "dragnet clause" were they can dump an old debt, and claim that they disclosed this to you.

Any thoughts?

Thanks in advance!

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I know for a fact that my ex-husband never paid off the CC's that we had when we were married, and has managed to clean up his credit rating and thus buy a house with his new wife.

We have been divorced now for over 13 years, and now some collection agencies are contacting me to pay up...to the tune of almost $40,000....mostly bank CC's.

They cannot verify the charges, as I offered to go through the bills and pay those that were mine.

I have done without CC's for the past 13 yrs., but would like to build my credit, as well as help my college-aged daughters with their expenses.

I applied for several CC's online, and lo and behold ....was approved.

While reading the terms of one of the CC's, I realized that one of them was from WaMu, which is now in partnership with Providian..one of my past unpaid debts.

***My question...Can a bank come back 13 years later and put an old debt onto a new credit card? I have gone over the Terms enclosed with the CC, but nothing states that they can do that. However, I have heard of the "dragnet clause" were they can dump an old debt, and claim that they disclosed this to you.

Any thoughts?

Thanks in advance!

The debts are beyond the statute of limitations and the reporting period. They can attempt to collect from you, but you have no obligation to pay. If they were to sue you, your defense would be that the debts are time-barred. IMO, I would send a cease and desist letter to them. As far as Providian/WaMU, I have the same thing.. A CO from Providian but I still got a WaMu card. This merger is very new plus Providian doesn't seem to keep records after 5-6 years so it's likely WaMu has no idea.

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I know for a fact that my ex-husband never paid off the CC's that we had when we were married, and has managed to clean up his credit rating and thus buy a house with his new wife.

We have been divorced now for over 13 years, and now some collection agencies are contacting me to pay up...to the tune of almost $40,000....mostly bank CC's.

They cannot verify the charges, as I offered to go through the bills and pay those that were mine.

I have done without CC's for the past 13 yrs., but would like to build my credit, as well as help my college-aged daughters with their expenses.

I applied for several CC's online, and lo and behold ....was approved.

While reading the terms of one of the CC's, I realized that one of them was from WaMu, which is now in partnership with Providian..one of my past unpaid debts.

***My question...Can a bank come back 13 years later and put an old debt onto a new credit card? I have gone over the Terms enclosed with the CC, but nothing states that they can do that. However, I have heard of the "dragnet clause" were they can dump an old debt, and claim that they disclosed this to you.

Any thoughts?

Thanks in advance!

It's impossible for them to take this acction, yet illegal. And, The statue of limitation is way pass expired thus they will not put them on your credit report, nor will they come after you legally. The law says, briefly: collection agency may try or can try to collect from the debator even after the sol is expired, however, there is no legal action they can bring against you.

I have somewhat similar situation: I owe some cc money to Household, and it's scheduled to fall off my credit file early in 2008. Guess what? They gave me another credit card, with new balance and better rate. So, they cant add an old debt to your new credit card, period.

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that is incorrect. they CAN try to sue you (you can bring suit for anything).. being out of SOL is not a promise they won't try but it is very unlikley AND they also have to deal with your affirmative defense of being out of SOL.

they like cases like these because if they do bring suit...and you dont show they get a default judgement no matter how old the debt it.. it is NOT illegal for them to to try sue except in two states.. I believe its Mississipi and I THINK the other one is Kansas, but not sure.. however there are only two states that this is illegal in and they can try to collect until you drop dead.. doesnt mean they will get anything

the key is to send them a C&D letter (or FOAD).. this way they know that YOU know its out of SOL.. you have to remember many people do not know about the SOL and so they assume they can collect.... if you make them aware that you know its out of SOL chances are they will sell it to someone else and move on.. again as long as you dont make a payment they can't report... more then anything its just annoying mail.

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that is incorrect. they CAN try to sue you (you can bring suit for anything).. being out of SOL is not a promise they won't try but it is very unlikley AND they also have to deal with your affirmative defense of being out of SOL

the key is to send them a C&D letter (or FOAD).. this way they know that YOU know its out of SOL.. you have to remember many people do not know about the SOL and so they assume they can collect.... if you make them aware that you know its out of SOL chances are they will sell it to someone else and move on.. again as long as you dont make a payment they can't report... more then anything its just annoying mail.

CBE is right, I also think that it will be very bad for them if you put them on notice that the debt is time-barred and they still bring suit. I think they judge would not be happy.

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