Dh's credit report has re-aged debt. Any advice?

[Contrariety]

So cleeeear back in 2002, right before we met, Dh was kind enough to allow a friend to get a cell phone under his name.  She racked up the minutes, disappeared, and left him with the bill... which he pretty much just ignored.  He hasn't ever paid on it.  Through the years it's bounced around through collection agencies.  I'm the type that would have paid the debt right from the get-go, but DH refused since it wasn't "his."  Whatever.  So it's languished for years.  We check the credit reports every year, the statute of limitations is long past.  Finally two years ago it says that it will be falling off the report that summer!  Yay!!

I make it a habit to check our credit reports for free three times a year, each report a different time of the year.  Well... apparently last year some new collections agency re-aged his debt!  I didn't catch it because it was the other two reports I had looked at since then, which are free and clear of any mention of this debt. We didn't know about it until we applied for a car loan a few weeks ago.

So we don't have big plans to borrow money except to buy a house sometime in the next 5-7 years.  Obviously, this can't be on his credit report.  It's illegal.  It's past the statute of limitations so he can't be sued for the debt.  I don't especially want to pay for it since we're pinching pennies just to get by as is.  From what internet research I've done, I gather we need to send this collection agency a letter telling them what they have done is illegal and to remove it from his report ASAP.  Will it be that simple?

I'm worried about disputing it because we have, like, *no* documentation regarding the debt.  DH is not a records keeper and by the time we got married he pretty much was done receiving notices from the collectors regarding it.  Of course I don't have old copies of his credit report with the original date on it.  If i recall correctly, it was the fall of 2002 that it was initially reported. 

Any sage credit mamas out there have suggestions or experience?

Edited by Contrariety - 3/15/11 at 10:07am

[TiredX2]

Not a sage, but I would report to the credit agencies as recommended.  You don't need to prove that it was supposed to fall off--- they need to prove that it is a valid debt (within the time lines).  If they can't they need to remove it.  I wouldn't borrow trouble (thinking it will be a problem and they won't remove it) until you've gone through the first, easiest hoop.

[Contrariety]

So do you think we should write to the collection agency first to request they remove it and if they don't then report it to the credit bureaus (and/or possibly the FTC and my state's AG)? 

This whole situation boggles my mind, as I'm a timely bill payer who has never missed a beat with my credit.  I have no idea what I'm doing here and DH works full time and it a full time student, like he has the time to think about something that won't affect us until years down the road when we want to buy a house...

[mum4boys]

Do not contact the collection agency!

You contact the credit bureau to dispute the bill. They should have a form. The one we did even had your situation listed.

[Contrariety]

Good to know.  I will get DH on top of this.  It's so scary, because I want it to be taken off, but you hear nightmare stories of people talking to the collectors and having everything start over fresh just from a conversation.  DH still doesn't have his name on his voicemail and never answers numbers he doesn't know out of fear from this stupid debt.  Ugh.

mum4boys, have you had experience getting something wiped from your credit report?

[HappyMommy2]

Right - DON'T talk to the collection agency, the bill collectors. 

[mum4boys]

I sure have gotten things wiped from my credit report. It was really relatively easy to do. I know there are lots of horror stories out there but I literally filled out the form and the credid bureau investigated and less then a month it was taken care of.

[Contrariety]

Originally Posted by mum4boys 

I sure have gotten things wiped from my credit report. It was really relatively easy to do. I know there are lots of horror stories out there but I literally filled out the form and the credid bureau investigated and less then a month it was taken care of.

That is very encouraging!  I hope it will be just as easy for us to do!  

[surrogate]

I used to help people repair credit, this is an easy one, dispute it with the bureau it is reporting on, should come off really easy.  SOL for utilities is 2 yrs

[lalaland42]

OP: go to www.creditboards.com/forums 

Oh and your DH doesn't have to worry about answering the phone. If it is a collector, tell him to repeat PLEASE CONTACT ME IN WRITING over and over until they hang up on him. 

Originally Posted by mum4boys 

I sure have gotten things wiped from my credit report. It was really relatively easy to do. I know there are lots of horror stories out there but I literally filled out the form and the credid bureau investigated and less then a month it was taken care of.

Why do you bother doing this if you live without credit? 

[mum4boys]

Originally Posted by lalaland42 

OP: go to www.creditboards.com/forums 

Oh and your DH doesn't have to worry about answering the phone. If it is a collector, tell him to repeat PLEASE CONTACT ME IN WRITING over and over until they hang up on him. 

Why do you bother doing this if you live without credit? 

because the information on our credit report was not correct and it was a matter of principal. Not only was it not correct, it looked like we had not paid money owed. Not only did we not owe the money, the place that claimed we owed money had lost in court against us. We sued them and they counter sued and the judge found in our favor for our claim and gave us more money then we had asked for and on their counter suit it was dismissed. So I was beyond ticked that they then reported to our credit report for a debt not only did we not owe but we had a judgment against the company.

[Sarah W]

Do not talk to the collectors!!!! I think someone already said that.

Do a credit dispute and say that the debt was illegally re-aged and put back onto your credit report. The onus is on them to prove the debt is yours, not on you to prove it isn't.  It should go away very quickly.

I've had a ton of stuff removed from my credit report. I dealt with identity theft about seven years ago and it was a mess for about six months.  Then I dealt with a debt that was re-aged (I can't remember what it was) and I disputed it and it was removed.