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Not sure of SOL where it starts


deseyer
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I had a checking account with BOFA. To make a long story short that account was closed by them when I couldn't easily deposit money because they moved out of town. They closed it and said I had a negative balance of 300 dollars or something like that.

I now have a guy calling me about this account. This company National Asset Management collected on another problem from me and obviously has decided to find everything they can to get more money out of me.

The BOFA account was sold.. according to the info in the credit report. It says charge off / sold. Now that account was opened 1991. Date of last activity says 8/1999 which is apparently when I sent in $50 to try to get it under control. Now it has a reported date of 6/2003.

What's going on here? I did verbally agree over the phone to take care of it. The guy did nicely enquire as to my new employer and where I live. I politely refused to divulge that information.

What are my options? Can I still get them to delete this information from the reports? Its currently on Equifax, Transunion, and Experian.

D

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First of all, inquiries for collection purposes ARE permissable purpose and they do NOT need your permission to do so.

Second - the SOL in CA, on ALL debts, is FOUR YEARS. If the last time you paid ANYTHING to BofA was 1999, then the SOL ran out in 2003. Be certain of the Date of Last Activity. If you're unsure, subtract 180 days from the charge-off date.

If the SOL HAS expired, as I belive it has, then all you need to send N.A.M is a complete cease and desist letter informing them that they are never to contact you about the debt again as it is time-barred.

Make sure you send it certified, RRR and keep copies of everything.

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