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Did I restart the SOL?

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Outdoorstech1
Frequent Contributor

Did I restart the SOL?

 

zzzzzzz

Message 1 of 9
8 REPLIES 8
eric19k
Established Contributor

Re: Did I restart the SOL?

Yep SOL starts from the dofd. But any payment made is restarting SOL. File complaint with BBB or better FCPB.
Send DV letter to Midland and see if they verify and how much interest they charge you.
TU Scores:
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Message 2 of 9
eric19k
Established Contributor

Re: Did I restart the SOL?

Also be prepared to settle with them.
TU Scores:
May 2014- 466
July 2014- 537
September 2014- 602
Goal Scores- 720 by March 2014
Message 3 of 9
gdale6
Moderator Emeritus

Re: Did I restart the SOL?


@Outdoorstech1 wrote:

I am trying to figure out when the SOL ends on this debt.  (I heard Midland Funding isn't afraid to sue)

 

The one CO below is in the beginning of my CR and it says "FIRST USA"

 

FIRST USA NA #426684117115**** 

Date Opened: 3/25/2008

Responsibility: Individual

Account Type: Revolving

Loan Type: Credit Card

Balance: $0
Date Updated: 12/06/2011

Payment Received: $0
Last Payment Made: 08/31/2009

High Balance: $3,268

Credit Limit: $2,500

Pay Status: >Charge Off<
Terms: Paid Monthly
Date Closed: 4/6/2010
>Maximum Delinquency of 120 days in 01/2010 for $579 and in 11/2011< 

Remarks: PURCHASED BY ANOTHER LENDER; TRANSFERRED TO ANOTHER OFFICE

Estimated month and year that this item will be removed: 08/2016 

 

 

Lower on my credit report when I scroll down I see this:

 

MIDLAND FUNDING LLC #854348****

 

Placed for collection: 11/28/2011

Responsibility: Individual

Account Type: Open Account

Loan Type: Factoring Company Account

Balance: $3,232
Date Updated: 05/19/14
Last Payment Made: 08/15/13

Original Amount: $3,268

Original Creditor: Chase Bank US NA

Past Due: >$3,232<

Pay Status: >In Collection<

Remarks: >PLACED FOR COLLECTION<
Estimated month and year that this item will be removed: 08/2016 

 

 

 I am assuming these two are both the same debt? The #'s on the owed debt are a little off but First USA / Chase is the same, correct? Are these Acount #'s ----->

FUSA: #426684117115****   &  MF: #854348****  or are they reference numbers. They dont match.

 

 

I don't believe I made a payment in 8/2013, but if I did did i restart the SOL?  I don't know why one says 8/31/ 2009 and another says 8/15/2013. Does the SOL start from the DOFD which was 8/31/2009.  I am trying to figure out when the SOL runs out. I am in Connecticut.  I read elsewhere on this forum that "once its a CO it can never be a current account, and it can never be reaged which is illigeal."

 

 

All Help and input is appreciated. Thanks

 

 

 

SOL is from the DoFD, in most states it takes a new written promise to pay to re start the SOL but there are some states that allow reset with a payment. What state you in??

 

and yes once an account is CO it always is a CO and the DoFD does not change, it would be illegal to change the DoFD (re age)...

Message 4 of 9
Outdoorstech1
Frequent Contributor

Re: Did I restart the SOL?

aaaaaa

Message 5 of 9
gdale6
Moderator Emeritus

Re: Did I restart the SOL?


@Outdoorstech1 wrote:

I am in Connecticut.    Do I have until 08/31/2014 before the SOL runs out, It's 5 years in CT.  



>Maximum Delinquency of 120 days in 01/2010 for $579 and in 11/2011<   Based on this info the DoFD would have been in 10/09 and the SOL would run from this date..

 

Hmm on SOL, here is what I have for CT

 

CONNECTICUT

INTEREST RATE

Legal: 8%

Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)

Open Acct.: 3    This is what a CC is considered.

Written Contract: 6

Oral Contract: 3

Domestic Judgment: 20/25

Small Claims Judgment: 10/15

Foreign Judgment: 20

 

If this info is wrong and you have confirmed its 5 yrs then SOL will expire end of 10/14

 

As far as you restarting the SOL if you did make payment here is CT law that you can peruse to see if they allow it    http://www.cga.ct.gov/2011/pub/Chap926.htm

Message 6 of 9
Outdoorstech1
Frequent Contributor

Re: Did I restart the SOL?

So the SOL is 3 years then for Credit Cards if I am reding the bold red correctly? That means 3 years from 10/09 which it runs out on 10/12? 

Message 7 of 9
gdale6
Moderator Emeritus

Re: Did I restart the SOL?


@Outdoorstech1 wrote:

So the SOL is 3 years then for Credit Cards if I am reding the bold red correctly? That means 3 years from 10/09 which it runs out on 10/12? 


Yes, but verify it with the SOL law link I gave you..

Message 8 of 9
Outdoorstech1
Frequent Contributor

Re: Did I restart the SOL?

But does CT consider a Credit Card an Open-Ended(3) or Written(6) account. I can't find that information. 

Message 9 of 9
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