I want to try to ask this question again, & maybe I'll make more sense this time. Dh had cc with B of A, he didn't pay. I found very old statements that weren't paid (dated about 98 with the balance of 750). I niavley had my credit card send a check in the amount of 1000 to them, thinking this would just about cover it. (this was 12/00). I recently found out that the acct. was charged off & sold to Gulf State in late 99, (sold, b/4 I sent payment). The credit reports do not reflect my $1000 payment. I still have my statement that shows payee & acct. # as proof. According to my state's SOL (3 yrs.), if they aren't reporting that 1000 payment, the SOL has ran out since last activity was 1/99. If they were to report the payment, I truly believe the payment should be paid in full or close to it, & the SOL would not run out until 12/03. questions: 1. Does SOL run out from last time reported or last activity on the acct? Does anyone know of a site & can double check the SOL at? 2. How should I go about finding out how my $1000 was applied? Does anyone have any theories on what could have happened to it. I'm tempted to ignore it, if the SOL is up, but I really couldn't afford it if Gulf State decided to go to court anyway. Not to mention, I'm a complete dummy with this. 3. I would like to contact B of A & find out how much the acct. orginally was so I can find out if my 1000 covered it. I don't want to pay anymore than is owed. Can B of A use a payment on a sold acct? Can the CA claim payment after a creditor has been paid if they bought the acct. from them? I'm kicking myself for ever sending payments. 4. Any other advice would be appreciated. I don't want to contact either place until I'm armed w/ enough knowledge. I just don't want to get the ball rolling on something I can't handle or something that could possibly just go away. Thanks.
I would send a letter to BOFA detailing your payment and asking them to account for payment. I would send debt validation letter to gulf state and would of course, dispute entry on credit report. In letter to BOFa i would ask for the remedy i wanted. Please remove this negative listing and stop all collection activity by your assignee, gulf state . SOL does not seem to be the pressing issue, because your 1000 payment would seem to pay off any balance.
thankyou for your response. That was about what I was thinking. However, can BOA stop Gulf State if they sold the acct to them?
how could they sell them the account with the wrong balance. If they sold them an account that you already paid, then gulf state will be unable to validate account, because of course, it would (should) show you paid it. I don't think that you would have to worry about paying it twice with the copy of the canceled check in your possession. A complaint with Attorney General and/or intent to sue shoudl back them off fast.
