topic Re: Afraid i may have poked the bear in Rebuilding Your Credit

Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 14:53:16 GMT

I misjudged the SOL on a collection account from Chase and sent a DV letter to the CA. I have a total of 3 old Chase accounts. 2 I knew were not passed SOL, so I was going to wait till December of this year when the SOL expired. I sent the DV CMRR, but never received a delivery notice. After having no luck with the post office, I called the CA yesterday (Regent & Associates, who is collecting for Jefferson Capital, who is the assignee of Chase Bank) to find out if they had received my DV letter. Magically they had received it that day. What's odd is the lady I spoke with said that there was a cease and desist. I only asked that they correspond only by mail.

Part 2. While I was talking to them, she informed me they had a second account on file. (These are not on my CR, so I probably should have left them alone) So today I'm sending a DV for the second account. I'm in Texas, but neglected to reference TFC392 in my first DV. Of course I did mention TFC in my second DV for the second account. Regent & Associates is a law firm.

How bad did I screw up since these are within SOL? Should I send a second DV regarding the first account referencing referencing TFC or wait 30 days to se if they respond? I'm worried they will ignore it and possibly file a suit since it only states Federal laws. They have an old address so there's a chance they may have sent another dunning recently.

PLanning to call Chase shortly to see if I can get any info from them. I quit paying in late 2008 when the ex and I split, so I'm questioning the DoLA.

Suggestions?

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 15:02:31 GMT

SOL is 4 years in TX.

If you quit paying in 2008 that would be your DoFD and your SOL would have expired.

In the eyes of the FDCPA they are a 3rd party collections agency, and being from TX should know what TX Finance Code entails.

I would wait and see if they repsond. If they do end up filing a suit, since you asked for debt validation, they would need to provide it in court.

Re: Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 15:11:32 GMT

Hi again guiness.

Thanks as always for your response. Isn't SOL in Texas based of of date of last payment/activity? Not DoFD?

I just spoke with Chase. They actually sold the debt to Global Acceptance. I have a dunning notice from Regent & Associates from back in January this year.

It states:

Creditor: Jefferson Capital Systems, LLC assignee of Chase Bank

How is that possible if Chase sold to Global Acceptance? Doing a bit of googling and have yet to find a connection between the two, but I'm still looking.

How can an OC verify with CAs if they say they sold the desbt and all the records? I asked specifically about date of last payment and she said the info wasn't available, because the records were sold with the account.

Re: Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 15:15:29 GMT

Just called Global Acceptance. They no longer do debt collections, and sold the accounts to Jefferson Capital. Is it legal for them to say they are the assignee of Chase Bank?

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 15:24:16 GMT

The DoFD is the first time you were delinquent and never brought the account current. If you were delinquent in Nov 2008 that would be your DoFD. If your last payment was Oct 2008, then yes, SOL would run from there.

I would send a DV to Jefferson and Global. Only one can try to collect.

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 15:27:19 GMT

If they are an assignee of Chase they are a collection agency. I just did some research and it appears they are telling people they no longer do debt collections.

Re: Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 15:57:09 GMT

@Anonymous wrote:
If they are an assignee of Chase they are a collection agency. I just did some research and it appears they are telling people they no longer do debt collections.

I assume you'er talking about Global? That's what they said on the phone.

I was curious about Jefferson being an assignee of Chase. How can that be possible if Global initially bought the debt?

Ugh, confusing. One account shows DoFD of 11/2008, last payment 11/2009. Shows all lates after 11/2008.

Next account: DoFD 11/2008, last payment 11/2009. Shows all lates after 11/2008.

Last account: DoFD 12/2009, last payment 11/2009.

These were all pre dispute with CRAs. Post dispute gets worse. Payment history was updated and most of the lates were deleted. Good for my score, bad for trying to figure this out. Guess I'll have to go to the bank and have them print statements from that year if I get sued. November still 4 months away. I can burn 60 days with validation. I feel a little better knowing the curent CA is the 3rd in line.

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 16:04:37 GMT

Did you make a payment in 2009? You are in TX correct?

Re: Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 16:42:24 GMT

@Anonymous wrote:
Did you make a payment in 2009? You are in TX correct?

Yes, I'm in Texas. I'll have to go to the bank and have them pull my statements from back then. I don't recall making payments to Chase, but I suppose its possible. This was soon after the ex and I split. There were lots of adult beverages consumed during this time. Its all a bit foggy.

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 16:44:23 GMT

Maybe the ex made payments. But, if I recall correctly, making a payment in TX doesn't restart the SOL. I could be wrong on that.

Re: Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 17:11:44 GMT

This is from the Texas AGs website:

Under Chapter 16.004 of the Texas Civil Practice & Remedies Code, Four-Year Limitations Period, the statute of limitations for filing suit to collect a debt is no later than four years after the cause of action accrues. An example of when the cause of action accrues is the date on which the debt is declared to be in default.

That sounds to me like DoFD, but I'm no judge or attorney.

And trust me, the ex never made any payments.

Re: Afraid i may have poked the bear

Shokk — Tue, 09 Jul 2013 17:15:06 GMT

This was posted by an attorney on another site:

The statute of limitations for the collection of debt in Texas is 4 years beginning the day after your first missed payment.

That said, I definitely need to get those bank records.

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 17:33:52 GMT

Yes. They would need to prove you made a payment.

Re: Afraid i may have poked the bear

Anonymous — Tue, 09 Jul 2013 20:09:45 GMT

Also I wouldn't worry too much about being sued. I also had CO's from Chase (3 of them), and they all went to different CA and changed hands several times, and I was never sued. I always DV's each time a new CA bought the debt.

My SOL just ran out this year too.

Re: Afraid i may have poked the bear

Shokk — Fri, 12 Jul 2013 14:48:48 GMT

Checked my bank records. It appears I did have a payment plan with them for a while. SOL expires in November. Both accounts add up to just under $3000. Hoping its not enough to make them want to sue. Fingers are crossed. No response to DV yet, but they have time.