I had a car loan with Santander and I let the car go back. I just got a notification from Credit Karma that I had an account closed. I looked and it was Santander, BUT it shows that they have sold the debt to NCB Management. My question is...the first time that I was 90 days late was in Dec 2014 (DOFD). I had them pick the car up in Aug 2017, so that is the DOLP. I have looked online and I am a bit confused as to which date is the date used for them to sue and which date is used for this to fall of of my CR?
Did you pay the account back into good standing after the first delinquency chain in 2014, and then have a new first delinquency after that date, or was the 2014 delinquency the first and only chain of delinquency, meaning the account was thereafter continuously delinquent after the first date of delinquency?
What payment history derogs have been reported on the account by the original creditor, and has the debt collector reported a collection?
It was never current after that Dec 2014. I tried but could never get current with them; there were fees for fees on top of fees and I bought the car for 60 months, they changed the reporting to 72 months and last year (2017) reported it as 84 months, despite the fact that my contract was for 60 months. Aug 2017, I decided to let them come pick the car up because it was a never ending battle. Santander has reported the 90 days late in Dec 2014 and in charge off status since then. They did report monthly, but as of this weekend, it shows "closed" and in the remarks "sold to NCB Management" with a $0 balance. The collection agency has not reported yet.
If they were to sue for breach of contract, it would appear the date of last payment would determine the SOL.
Dodeka v. Campos (TX Court of Appeals, San Antonio 2012)
“Here, it is undisputed that Campos made her last payment in the required minimum amount on December 23, 2005. However, she continued to make periodic payments until September 15, 2006, which was the date of her final payment. “
“Instead, we conclude that, at the earliest, the date of the last payment (September 15, 2006) determined the accrual date for purposes of the statute of limitations. “
You should contact some TX consumer attorneys to verify.