HELP!! Dirty CA Tricks!!

[Anonymous]

I had an auto repossession in Jan 2003, but the DOFD as 30 days late was July 2002. The account was sold from the OC to a CA ( Credit Solutions Corp.) and they recently made contact with me by phone. The woman identified herself and the debt, but I told her that I was unsure of what debt she was referring to and asked that she send me information regarding the debt by mail. That was almost three weeks ago and I have received NOTHING by mail to date. Furthermore, I reviewed my credit reports today and now the account history line shows "Creditor recently made contact with individual". This in and of itself is not so bad since I know that simply making contact with me does not reset the SOL on this account. HOWEVER, the account now shows that I made a "recent payment" of $1530 to this CA... when I did NO SUCH THING!!!!

What do I do?!? In my state (Florida), the SOL for written contracts is 5 years from the time the "cause of action accrues," i.e., July 2002 for DOFD (30 days late). But if I understand this how this stuff works, the fact that the CA claims I made a payment resets the SOL, right? It should not be hard to prove that I didn't make any payments to the CA, but I'd like to know what other recourse I have? Should I send a C&D siting the SOL? Can I file a complaint with the FTC? I know this sounds wrong, but I had planned on riding this one out since it will drop off my CR's in April 2009, but I wouldn't pay a dime now anyway considering their dirty tactics! I would appreciate any advice you may have to offer!

[Anonymous]

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sherr12007 wrote:

I had an auto repossession in Jan 2003, but the DOFD as 30 days late was July 2002. The account was sold from the OC to a CA ( Credit Solutions Corp.) and they recently made contact with me by phone. The woman identified herself and the debt, but I told her that I was unsure of what debt she was referring to and asked that she send me information regarding the debt by mail. That was almost three weeks ago and I have received NOTHING by mail to date. Furthermore, I reviewed my credit reports today and now the account history line shows "Creditor recently made contact with individual". This in and of itself is not so bad since I know that simply making contact with me does not reset the SOL on this account. HOWEVER, the account now shows that I made a "recent payment" of $1530 to this CA... when I did NO SUCH THING!!!!

What do I do?!? In my state (Florida), the SOL for written contracts is 5 years from the time the "cause of action accrues," i.e., July 2002 for DOFD (30 days late). But if I understand this how this stuff works, the fact that the CA claims I made a payment resets the SOL, right? It should not be hard to prove that I didn't make any payments to the CA, but I'd like to know what other recourse I have? Should I send a C&D siting the SOL? Can I file a complaint with the FTC? I know this sounds wrong, but I had planned on riding this one out since it will drop off my CR's in April 2009, but I wouldn't pay a dime now anyway considering their dirty tactics! I would appreciate any advice you may have to offer!

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Yes you are correct....Fl. contract SOL 5 years. You should be past SOL. My son has this same CA on his CR  for,they say, a phone bill. Im guessing that they are bottom feeders.

Because they claim that you made a payment (changing the SOL) send a complaint to www.ftc.gov

Don't let it slide!

Send them a DV  CMRRR       just because you DV them doesn't reset SOL or CRTP!  Be sure that you state everything in writting NO phone calls

[Anonymous]

Thank you HappyDays! I wrote up a DV last night and am sending it out CMRR first thing tomorrow morning. I am wondering one thing, though... Someone suggested that this "recent payment" may be showing up because the CA has now resold it to another CA or JDB. Has anyone ever heard of this happening before? I don't want to file any frivolous claims with the FTC or State AG, but I am thoroughly confused (and upset!) as to how they can claim a payment on my CR when I never made one. I have never heard of this scenario occurring before, but I guess it's just one more lesson to learn on the road to financial recovery!

[moonman]

there are a lot of scumbag ca that uses every dirty trick in the book to collect.re aging accounts knowing that some people will not take the time to check their credit for errors.i have been saving a copy of my credit report for 15 years and it has stopped a lot of these sleazebags tactics because everything is documented on record and any adjustment they make is disputed and changed.this forum is a welcome relief for people to learn without paying hefty fee for nothing.

[LuvsRetro]

Hi sherr12007:  Did you get anywhere on this? 

I have the same thing, one of my old creditor reports that I made a payment on the account, however, I did not, as this was a chargeoff in 2001!  I haven't disputed yet, because these guys have used all kinds of tactics to screw up my scores.

[Anonymous]

team, you do know that the CO date doesn't mean anything?? It would have had a DOFD well before the CO.

If past SOL...DV the CA.......

[Anonymous]

Hi Team,

I sent the DV letter the day after I posted this, but I haven't heard anything back yet. Checked my CR and it's still there, but I'm gonna give it a little more time. I'll keep you posted!

[Anonymous]

Your more then welcome!!

There are some CAs that pull this and when they do they need to be reported! What they want is for you to freak out & pay them because it looks like a new debt & hurts scores.A recent payment would start SOL over and they know it BUT many people do not.

The more complaints that the FTC & AG office get, the better for us. The laws need to be changed in favor of the consumers & this is the way to do it.

The CA has 30 days to answer a DV. If they haven't answered then you dispute with all CRAs that are reporting it. It usually gets deleted because.... IF they verify they (CA) would be in violation.

IF it comes back verified...MOV the CRA

Message Edited by HappyDays on 12-06-2007 06:04 PM

[LuvsRetro]

Not with Cap One.   They have changed the reporting so many different ways.  Every time I dispute I get totally different reportings.  It's crazy.   The beginning of this year, they even changed it to a repo/foreclosure.  It was a credit card for $1,000.00.  Score dropped 53 points.   I disputed again with Equifax, came back verified.  Gave up,  2 months later, the reporting went back to a credit card?!!?.  Did get the points back.  Then on my Experian they changed the reporting to show it was current until Dec 2006 with a DOLP of 12/2006 and currently past due each month since.  TU reports chargeoff 2001, and chargeoff 2007. 

[Anonymous]

Please verify this - but from what Ihave read and researched if the OC has charged-oof the debt the SOL cannot re-set.

They try to gain leverage (and make you pay) by changing the DOLA - which 'can' change the CRTP.  Again, from what I have read - the CRTP is actually set by the OC (and reported by them) in a round-about way by reporting the DOFD to the CRAs.... very, very convoluted.

Since they are 'reporting' -- DV - them!!!!!!

Message Edited by Lady_Scarlet on 12-06-2007 10:07 PM