Debt reporting again after dropping off after the 7 year time period

[Coreyswife4ever]

Happy New Year...

I checked my credit report last week and noticed an account was added.  Back in 2000 I had a car repossessed and the creditor reported it on my credit report.  They even went as far as having my wages garnished.  In 2004 I was laid off from my job that the wage garnishment was coming out of.  Since then I completely forgot about them and it dropped off of my credit report a few years ago.  Well last week I checked my credit report and I saw a company called Santander on it.  I called them because I had no idea who this company was.  They told me that they're collecting on a debt I had with Triad which is the car company that was already reported and dropped off.  Since that debt is over 7 years old and has already reported on my credit report and dropped off can Santander report it again?

I'm a little worried because the last payment received was in 2004 and stopped after that.  The last payment made wasn't to that company so I hope I have a good chance of having it removed.  This will be the only thing in my way of purchasing my house this year.

[llecs]

If you search in here, others have reported the same. I haven't followed the details, though.

Is it reporting negatively? I believe they are an OC who is on a buying spree of old accounts. If not negative, then you may benefit from its reporting with the added history. If it is a CA, it cannot report. If it shows lates, those can't report either if the repo was in 2000.

[Red22]

Something similar happened to me.  My account was from 2000 and now this same account has reappeared as Santander Consumer USA.  I didn't have a current credit report so I called Trans Union to find out the date of deletion and they said 2016.  I was appauled at this and sent out a dispute letter for reporting of inaccurate information and beyond 7 years SOL.  I'll let you know my outcome!

[RobertEG]

If the DOFD on the debt was more than 7 1/2 years ago, the CRA is in clear vioation of FCRA 605(c) by inclduding any such collection in your credit report.

Call them.  If that does not get instant sucess, file a dispute letter with the CRA for violation of section 605(c) of the FCRA.

[Red22]

Thanks.  I will do that and will post the outcome!!

[llecs]

I wouldn't do anything just yet. Is there a red flag listed next to that TL on your FICO CR? If not, it helps.

I studied one other post similar this morning and it was re-added, but re-added as a positive account.

[Red22]

There is no red flag, but the account is listed as an account and not a collection!

[Red22]

Well I called Trans Union and TU said that Santander told them the closing date on this account was Nov. 2009.  I told the CSR that I disagreed with the date because this account was an old account from 8/2000, I know this because when I bought a car in 2003, & the collection was on my CR.  She asked if I wanted to dispute the dates over the phone and I said no and hung up.  I did not dispute over the phone since I've already mailed out a dispute letter CMRRR.  This is going to be a doozy....I'm already hunting around to see if I can find an old CR.

[llecs]

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Red22 wrote:
There is no red flag, but the account is listed as an account and not a collection!

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Santander is an OC, not a CA.

[ProudMomof5]

Santander may be an OC but that wasn't the OC I financed my car through.  I financed my car through Triad.  On my credit report it's posting as a chargeoff.  Even if they are an OC they shouldn't be able to start over the date of delinquency.