Unifund ? buying and selling an OLD charged off account

[mkarchitek]

New to this forum, I really need some help. 6.5 years ago I got divorced, two years later my First USA credit card was charged off, ex's card but also in my name. ......so I figure I am stuck with it for 7 years. Now First USA becomes Bank ONe..who sell the debt to UNIFUND, who sells it to another company........who is NOW threatening me via phone..... oh yes, but Bank ONe is still on my credit, listing the debt as being reported this year? This company Receivables Specialist is threatening me in my office, talking of wage garnishment ? does any of this make sense, I am lost completely ? any advice would be helpful. I know that even though in my divorce, the card was in my name as well, so I should be about 1 1/2 from this coming off my credit..........now after Unifund buys and sells the debt, my tradeline reads.........BANKONE 6/2004 as a charge off. ? So why is the other company insisting on calling my office, harassing my admin and talking of wage garnishment ? Unifund had appreared on my credit report last June, and I disputed and they where removed !

[LadynRed]

First of all, they can't garnish ANYTHING unless and until they sue you and win a judgment FIRST - and that takes a bit of time to go thru the whole procedure. So, their threats are illegal as it is action they cannot take w/o a judgment.

What state are you in ??

Exactly WHEN did the FUSA account default ??

If there's any possibility you are beyond the SOL for legal action to collect, then you can tell Unifund to go pee up a tree.

[mkarchitek]

LadynRed,

First let me say thank you.............as for FUSA, they are no longer even listed on my credit report ( divorce was in 99 and it was 2000 when it defaulted )....... there has been NO activity on this card since 97'. BankOne appeared recently in Dec 04'.......interesting thing, as of October 20,2004......... FUSA was on my report and Bankone was not........ the date reported on both .......... is June 04' when my earlier reports all say FUSA ........... 2000'............ I am very confused and this "Receivables Specialists sent me an Affidavit from the State of Ohio claiming that they bought my debt from UNIFUND. THey claim UNIFUND bought the debt from Bankone, who took over the debt from FUSA. ......... the VP of the local office in Ft. Lauderdale for this RSI company, told me I owed him the money personally.............since its his company. ......... RSI and UNIFUND seem very shady....... they actually discouraged me from trying to contact FUSA or BankOne ? thanks again for any advice........Michael in SouthFlorida

[LadynRed]

Florida ?? OK ! The Statute of Limitations for legal action to enforce collection of a debt in FL is FOUR YEARS ! What that means to you now is that if the last time FUSA was paid at all was in 2000, then the SOL EXPIRED LAST year - 2004, and it is now officially beyond the SOL.

Now what you do is send the collection agency a cease and desist letter telling them never to contact you again as the debt is time-barred per FL statute.

The best letter to use is here:

http://community-2.webtv.net/YCHANGE/STORAGE/page13.html

The FL statute you need is on that same site.

Send the letter certified, RRR and keep copies of everything.

[mkarchitek]

Okay..........so if I understand this correctly............... the clock starts from the last time FUSA was PAID ???? and the fact the UNIFUND or BANKONE has or had incorrect dates does not matter............ it may even be prior to 2000 that FUSA was paid ! I know it appeared on my credit in 2000 as a "charge off" but technically it may have been in 99' when they were last paid! Am I understanding this correctly ? 4 years in Florida from the last time they were paid ?

Thanks

Michael

[LadynRed]

Yes, you are correct. The SOL would start when the account 1st went continuously delinquent - usually 30 days after the last payment to the ORIGINAL creditor.

Charge-offs are usually done at 180 days of non-payment, but some will charge-off at 120. So, yes, if was charged-off in 2000, it went bad around July of 99.

[mkarchitek]

Thanks for the advice. If I go back to the date you mention, the date the account went delinquent ( the original creditor ) they all date back well over 5 years.