Hi everyone, I'm new here, so please excuse my limited knowledge of how everything works. Here's my problem, and I hope that you guys have some insight! I had a Verizon Wireless Credit Card through Citibank. I opened the account prior to 2001 (don't remember when exactly), and my first delinquent payment was around May 2002 (from what I can recall). I think the balance owed was close to the low end of $2000. My credit limit was $2800. I let the payments slide for a few months, and then freaked out about how much I owed. At any rate, I moved a bunch and would occasionally get phone calls from a robot saying that if I was not DJLynne, that I should hang up. Then it would tell me that it was an attempt to collect a debt. I never called back. Since 2002, I haven't physically received any paperwork about this debt from Citibank or anyone else. I change my address with the post office whenever I move, so you'd think that they could find my mailing address if they wanted! Anyway, I pulled my credit reports about 2 years ago and saw the Citibank debt. It was listed at about $5000. I forget who owned it at that point, but it made clear that the date of first delinquency was in May 2002. Just a few weeks ago I remembered that this was due to fall off my CR due to SOL, and I pulled my report again. Unifund now has the debt, and it appeared as $8000+. It also says that it was opened in 11/2006. I disputed this through Experian, and I opened a dispute through the Consumer Protection Agency of Ohio, where Unifund is. I received a response from Unifund via the Ohio CPA, and I don't understand what they wrote to me. They claim that payment was last made on 1/17/2005, which isn't true at all. They also state that the account was "charged off" on 9/6/2005. They say the debt is now over $9000, and that they'll accept a settlement of $3221 by March 31. They say that they tried to contact me in 4/2007 at an address I never lived at, and they provided a copy of that letter stating the account balance then was $4700. I am so confused! The debt should fall off of my record in May, right? I know I never made any payments after May of 2002, and I don't want to deal with Unifund. What they're saying is untrue, and I have no idea how to deal with them. Thanks for any and all help! I just have no idea how to proceed from here. ~DJ
Ok, so if they reaged it what does that mean? Is it legal? Also, what SOL applies? Is it Unifund's state, where I live now, or where the account was opened? Thanks!
Before you do anything, you should dispute this and request verification pursuant to the FDCPA. You need to do this to preserve your rights under the FDCPA. By law, they must send you a written notice of the debts and your rights. The good news is that they might be violating the FDCPA & FCRA, but the bad news is that, if they are, it's up to you to file suit.
Thanks, ccbob. I disupted it through Experian, so should I do the same through the Transunion and Equifax? Is there any other way to dispute it? I am preparing a letter requesting written documentation of the original date of delinquency...is that a good move? If this was in fact "re-aged," is that when I'd bring suit? I have no problems taking legal action, so thanks for the advice!
You want to send Unifund a "DV" letter (Dispute and verification). Search around this site. Hint: if your DV letter is longer than 3 sentences, it's TOO long. i.e. don't send one of the two-page examples.
Quick question, OP - did you move out of state at all? Moving out of state can toll the SOL. If you made your last payment in December 2002, then moved out of state until January 2009, the SOL may still be well in effect. As for DV letters, I completely agree with ccbob. Ignore the dozens of multi-page, legal-citation-filled, threat-laiden example letters you see out there. Keep it short and to the point: I used to always suggest adding whatever account information the CA provided exactly as they wrote it, but now I'm not so sure. Given that their dates are wrong, I think it would be best if you just include the OC name and account number as given by the CA. Include any typos if they're present in the CA's letter. Send the letter via certified mail, signature receipt required. Costs about $5.
I have moved many, many times since this whole mess started. I have never lived in any state twice, however. I started in CO, then went to MA, then to AZ, then to HI, then to CA. I am currently in CA. How would that change the SOL? I'm unclear about that, but I think it's important based on what you're saying! Thanks for all of the advice. I'll get that letter in the mail ASAP.
As I understand it, moving out of state will toll ("pause") the SOL. Let's say your state's SOL for legal action on a debt is five years. And let's say your last payment was January 2004. If you move out of state in February 2009, it's a non-issue, because the SOL has already expired. However, let's say you moved out of state in January 2005 -- one year into the SOL. The SOL is still valid, and if you move back into the state, it will have four years left starting the day you move back. Even if you move back in 2020, the SOL would run until 2024.
