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Tolling

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Anonymous
Not applicable

Tolling

I pfd a Afni on an account that was SOL prior to  me moving from DE to PA. Instead of accepting my PFD, they validated by sending a copy of the Bill from Verizon I supposedly owed. Then they kindly updated my credit file that I dispute the account so it dropped my fico score.Im assuming they validated this since I did not admit to owing the debt in my pfd letter.

 

Since its SOL is up, wouldnt it be in their best interest to just collect the debt ?   jeez !     They do own the account from the original creditor. So...my thoughts are to send another letter offering a PFD and letting them know that the SOL was up prior to my moving to PA and the SOL is indeed up. Does this sound like a good idea?  I want this off my credit to buy a house before april. I need my TU above 600 since my score dropped 50 points with my new account opened (unsecured CC) and a loan payoff with account closed.

 

Advice on what you would do ?  Thanks much

 

 

 

TU 596  EQ 630  down this week from 648 due to CC and Update on AFNI acct    EX 598

Message 1 of 13
12 REPLIES 12
bigman023
Frequent Contributor

Re: Tolling

I wonder if your PFD request caused AFNI to change the DOLA.  That would probably cause a decreace in points. Im not sure Ive heard anyone mention that a disputed account causes a score drop.  If anything, Ive heard the opposite.  If they did change the DOLA, you may wanna dispute that with the CRA.

 

good luck...

Message Edited by bigman023 on 02-19-2010 03:58 PM
5/2009 EQ-504(FICO), TU98-567(FICO), EX- 503 (FAKO)
10/17/11 EQ-633, TU04-652, EX-681 All lender Pulls
10/17/11 TU98-678
12/21/2012 TU98-677 (39% Util)
01/21/2012 EQ - 661 (37% Util) SW Alert
Message 2 of 13
guiness56
Epic Contributor

Re: Tolling

A change in the DOLA can be caused by different things like a payment, updating the account or even them accessing the account.  It would be useless to try to dispute that because there is nothing wrong with it.

 

If they updated the account and it had been stagnant for a while, it probably made it look like a new collection.  That would be a reason for the score drop.

Message 3 of 13
Anonymous
Not applicable

Re: Tolling

Thanks for the replies, but the DOLA hasnt changed.  Any advice on the SOL PFD?  thnks
Message 4 of 13
guiness56
Epic Contributor

Re: Tolling

They can use the SOL where you live now.  Is it longer or shorter the DE?

Message 5 of 13
Anonymous
Not applicable

Re: Tolling

They can reactivate the SOL even after it expired in the original state when I lived there prior to moving?   I moved a year after SOL was up .. I moved from DE to PA  SOL in Pa is up anyway but trying to learn the law.
Message 6 of 13
guiness56
Epic Contributor

Re: Tolling

They can use the SOL where you reside or the state you got the credit in.   Since you moved after the SOL was up I am not sure if they could pursue any course of action.  That is an interesting question.

Message Edited by guiness56 on 02-19-2010 06:36 PM
Message 7 of 13
Anonymous
Not applicable

Re: Tolling

Under most circumstances they cannot pick and chose the state whose SOL applies.  In the vast majority of cases, the SOL that applies is the state in which the debtor resides since that is the state where they generally have to bring suit.

 

Can the SOL be tolled?  Sometimes.  It depends on your state legislation.  When tolling is possible, generally it is triggered by making payment on the account or, bot not very often, when you simply acknowledge the debt or make a committment to pay.

 

One option you have is to send them a Cease and Desist including a PFD.  Let them know you fully understand they cannot take legal action against you and unless they want a PFD, they are no longer permitted to contact you.  At that point they have but three options:

 

1.  STFU and leave you alone forever;

2.  #1 above, but sell your account to yet another CA; or

3.  Accept your PFD.

 

Unless they are willing to cut off their nose to spite their face, smart money is on #3. 

 

The rest depends on how badly you need the TL deleted or marked as "paid" on your CR.

Message Edited by O6 on 02-19-2010 06:53 PM
Message 8 of 13
Anonymous
Not applicable

Re: Tolling

They actually havent tried to contact me in awhille, they just update monthly.  I want to get it deleted from my file to raise my score.  two more years of doing nothing and its off my credit anyway.  Thanks for the repllies, I will PFD again and see what happens.
Message 9 of 13
RobertEG
Legendary Contributor

Re: Tolling

SOL does not bar any legal action against you.  The plaintiff determines where they want to bring any legal action.

SOL is not a bar against legal action, it is a proof that you must provide in court.

From that point on, you use the SOL statute in the state of jurisdiction of the suit for any legal defense you offer in court.

Most state SOL statutes on debt set tolling of the SOL from your DOFD on the OC account, and NOT on any action taken and reported by a CA.

Some states provide for reset of the SOL based on actual payments made, and few others provide for reset of the SOL based simply on offers to pay, which can arguably be considered to include any PFD offer you have made.

No simple answer to this question. 

 

Message 10 of 13
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