I opened a Citibank credit card account. I don't remember the year, maybe 1999. Since it had a limit of 5k I transferred all my other card balances to it. I was offered a 30 month free trial for a program that if I became unemployed or could not work the payments would either be made or held. I can't remember. Anyway, I did become umemployed and never made a payment to them. My dola on cr is 10/2000. I am assuming this must have been a transfer of another account. The account has been sold to National Check Bureau. I am going to send them validation letter. I live in OH. Would the sol be up on this? Can they even validate without a payment history? Would they not have to have a signed contract then if no credit history is available? Since they do not have a signed contract with me do they have a leg to stand on if this is taken to court?
some answers are followed by a -- i am far from an expert but will offer insight: opened a Citibank credit card account. I don't remember the year, maybe 1999. Since it had a limit of 5k I transferred all my other card balances to it. I was offered a 30 month free trial for a program that if I became unemployed or could not work the payments would either be made or held. I can't remember. Anyway, I did become umemployed and never made a payment to them. My dola on cr is 10/2000. I am assuming this must have been a transfer of another account. --sol in OH is 4 yrs for an open (CC) account; if it ever goes to the point of u getting a summons and it IS past the sol, ur defense would be a time-barred debt u do not legally have to pay. find out what date it first went derogitory, that's when u start counting from to get the SOL time frame; Can they even validate without a payment history? --not properly. they need to send u a FULL accounting of ALL transactions, and I think the signed application which they more than likely do not have; not sure about the application, however, a past date SOL does NOT stop the collector from attempting collection. past the SOL alone will not get it off u'r credit report. they can still report it and only the 7 yr CR rule will get it off; --rqst validation, and follow the paper trail gathering process; make sure u send a debt verification letter to the CRA's when u get the green card back from the CA....this is where u will more than likely catch the CA in a FCRA violation; Would they not have to have a signed contract then if no credit history is available? --probably not, but see above Since they do not have a signed contract with me do they have a leg to stand on if this is taken to court? --in one regard NO, not if the debt is past the SOL for OH; in the other regard, they may think they have a leg if proper validation is supplied, however as long as u SIGN NOTHING delivered to ur door, who's to say it ever came? ah-hem....follow the cross-validation process and they WILL walk into violations, trust me and u can get it removed from your CR. --however, if they send u crap as validation, there's ur fuel to get it removed from ur CR even more; plus they have to mark the account in dispute, cannot verify with the CRA's etc, which they always screw up, so there is more fuel for you for deletion. good luck and keep us posted
Well I think it's time to begin taking this to the next level gang. Not only is your affirmative defense of Post SOL available, but let's start talking about a violation of § 807 (5); § 807. False or misleading representations [15 USC 1692e] ... Without limiting the general application of the foregoing, the following conduct is a violation of this section: (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. Suing you for a Post SOL debt is an action which cannot legally be taken.
