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Unifund Past SOL in South Carolina


stilted26
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Unifund is reporting on my credit report for a debt that was charged off so long ago that it is no longer on my credit report from the original creditor, which was GE. Then I guess Chase bought that and it was charged off that in 2002 and is still on my credit report, but scheduled to fall off next year as that will be 7 years from the 1st date of delinquency for Chase who bought the debt. Then, Unifund bought the debt in Oct 2005 but I have never gotten any letters from them about the debt in my name (I think I have seen a letter to my ex-husband but it went straight into the trash unopened) so i was not aware it involved me (or stupidly that it would affect me since it was my ex-husbands debt) until I tried to buy a house last month and couldn't. I called Unifund to ask what it was, they said it was a joint card, I can't remember that far back, I even offered to pay something just to get it off my report, but they wanted quadruple the original debt and said no before hanging up (literally) on my offer. My ex-husband and I split in 2003 and this was years before that. I have sent a letter requesting debt validation but they still have 20+ days to respond. My question is, SC SOL is 3 years and this is now past that so, are they required by law to remove it just based on that? I wasn't sure if that would be helpful for me to take that direction and I could pre-empt any additional work or possible judgments, etc. Can I make them remove it from my credit report just based on SOL, or do I need to go through the standard procedure of waiting to receive a response from then, then sending another letter saying they are in violation of the Fair Credit Act? Could I go ahead and tell them to remove it based on the SOL?

I have followed the instructions for debt validation on this site to the letter, here are my next steps per instructions on this site:

If they haven't sent you satisfactory proof, send a copy of your receipt for your registered mail, a copy of the first letter you sent and a statement that they have not complied with the FDCPA and are now in violation of the Act. Tell them they need to immediately remove the collection listing from your credit report or you are going to file a lawsuit because they are in violation of the FDCPA, section 809 (B).

Wait 15-20 days to hear back after this second letter to the collection agency. They will either remove it or not respond.

If they do provide a contract with a signature from the original creditor showing that you owe the debt, there is one more thing you can try: see if they are legally licensed to collect the debt in your state. Here is a good site to begin your search.

Any help would be most appreciated. I really really want this off my report so I can buy a house!!

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I don't believe you can get that removed from your CR due to the expiration of the SOL. It's always been my understanding that it will stay on for 7 years total on your CR.

What confuses me is the continuous purchasing of this debt, so does this allow the CA to consistently re age the debt?

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You are confusing two different things.. in SC the SOL for the debt and collection to file suit is three years.. however the SOL for remaining on a credit report is seven years.. they are not the same SOL.

If the debt was within seven years as it appeared to be then it will remain on the report.. try to dispute it, if they don't respond in a timely manner it will get dropped.

Rookie

she is not being reaged.. when Chase got it in 2005 it just shows when they obtained it.. as you said it will fall off this year after the seven year mark.

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Oh, okay - so they can't sue me for the debt and that is what the SOL states in SC? Okay, well at least I have that comfort level! I was worried about that.

But, what about this -- the 7 year date that it will fall off is based on the date that Chase reports (Chase was the second company to purchase the debt). Chase purchased the debt for the original lender which was GE. The GE chargeoff is gone because it is well past 7 years. Could I dispute the Chase SOL as being past 7 years since it was not the original lender and it was essentially reaged at that point since it is still on my credit report?

If I can take that route - who on earth would I dispute that reaging with? Chase, the credit agencies?

Thanks again, very helpful!

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Again.. they can SUE you, but you have to state the SOL as your defense. Chances are it will not happen , the SOL in SC is three years same as NC.. we are also two of the four states that do not have garnishment of wages here for debts (Texas and PA are the other two).. Only taxes and child support.

They debt should fall off 7 years after the date of first delinquency.. some will argue it is 30 days after that date but that has not been my experience. Does not matter who purchased it or how many times.

You can dispute it through the credit reporting agencies but don't expect much they tend to send things back as verified pretty fast.. so on the off chance someone does not they have to remove it . However chance are it will stay on your report but it never hurts to try.

If you feel they have reaged it, that is illegal and yes by all means contact the reporting agencies but be aware they are NOT friends of consumers you may have to put up a fight but you can also put a statement in your credit report (and can do it online in most cases) disputing this as well.

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