carol124 Posted February 10, 2005 Report Share Posted February 10, 2005 Hello,Last week I set up a 6 month payment plan with a CA to halt any further action on a CC account. I had thought this account was settled a couple years ago. After doing a little research, I found out I probably do still owe on this card. The CA has been hounding me every day for a few weeks. I told them I did not currently have a job so couldn't afford to pay. They kept calling anyway. I know at the time I defaulted, the balance on the CC was around $6000.00. Now it's up over $13000.00 (I guess due to interest etc.). The last time I spoke with the CA, they said if I sent them $50.00 a month for 6 months, it would stop anymore interest being added plus I wouldn't receive anymore phone calls. At the end of 6 months, I would still be able to make a settlement if my finances improved. They would only accept the payment if it was done by automatic debt for 6 months. All this was done before I found this website. Thanks to the great information, I have now learn about the dirty tactics used by the CA's and also about SOL. I believe I defaulted on this CC sometime in 1999 but it could have been in 1998. I have my CR from EQ but it doesn't list the DOLA. It just says n/a. I have a feeling this CC is either past the SOL or close to it which would explain the sudden interest by the CA. Is there any other way I can find out the DOLA?Also, I seem to remember reading that if a payment is made to a CA, it can reset the DOLA and affect the SOL. Is this true? If so, can I somehow cancel the payment that was debited from my checking account so it won't show up as activity? The debit went through on 2/3/05. I just received a notice from the CA confirming I authorized the payment.Any advice would be appreciated.Thanks!Carol Link to comment Share on other sites More sharing options...
wunderwoman Posted February 10, 2005 Report Share Posted February 10, 2005 First, do a "debt validation" to the collection agency. Though you know the debt is yours, they still have to prove it, as well as all of the additional charges that have accrued.Do it right away.Perhaps someone else can advise on the payment. I would probably do a stop payment on it, tell my bank that I don't recognize the company and that any future payments should be rejected. I'd also consider changing my account number with the bank (but I don't know how these things work, so perhaps someone else can jump in)I am sure this debt is close to SOL, and they're playing on your ignorance. Link to comment Share on other sites More sharing options...
bigdaddyroy Posted February 10, 2005 Report Share Posted February 10, 2005 I agree with everything Wunder says...... Also get to the bank asap.... Link to comment Share on other sites More sharing options...
willingtocope Posted February 10, 2005 Report Share Posted February 10, 2005 And, as for the DOLA for SOL purpose, its my understanding that this is officially the date on which the account went delinquent with the OC plus 30 days.The only way you can reset this date is to open a new account and transfer the balance to it...Note, however, that some CAs will try to tell you differently... Link to comment Share on other sites More sharing options...
ghacorp Posted February 10, 2005 Report Share Posted February 10, 2005 Actually in most states even so much as a verbal agreement to deal effectively resets the SOL. It's a ruse by the collector to get that to happen. Why people even speak to collection agencies I'll never understand! You could try the DV route to see what they can come up with. You will also need to change your checking account number because revokation if it stops future withdrawals will not prevent the creditor from draining your accounts should they win a judgment. Link to comment Share on other sites More sharing options...
willingtocope Posted February 10, 2005 Report Share Posted February 10, 2005 Well...as ususal...no real yes or no type answer...readhttp://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=11660and you may want to look at NJs laws directly.Personally, I'd take the position that the DOLA was not reset and make them prove otherwise... Link to comment Share on other sites More sharing options...
carol124 Posted February 11, 2005 Author Report Share Posted February 11, 2005 Thank you all for your replys!I'm in the process of writing the DV letter but am worried about the payment sent to the CA. There's a good chance this CC is past the SOL but from what I've read, I think I may have blown it big time by making that payment.In case this helps, I didn't actually set up the payment plan using "my" checking account. I don't currently have one so asked my husband if I could use his. My husband and I are separated and don't live together. I felt a little funny posting that kind of personal info so just said it was my account to keep from having to explain. I'm not actually authorized on his account but did call him first to ask if it was okay. The CA was aware the account was my husband's and that we are separated but they said it wasn't a problem. They never called him to verify anything. They just took the money out via e-check.I've been giving this a lot of thought so could I:1: Have my husband dispute the payment as having no knowledge of it?2: Can I get into any legal trouble by doing so? (Fraud or whatever?)3: Should I include in the DV that I am revoking the electronic check/debit authorization and state that no further electronic checks and/or debits will be honored?4: Should I also include that my husband is disputing the payment and will take legal action if any attempt is made to debit his account in the future without his written consent?5: Do I need to rephrase or leave out any of the above?I haven't discussed this with my husband yet but know he'll flip if I tell him he has to change his account so I'm trying to work around that. The debt problems we were having contributed to our separation so is a very touchy subject. Please respond to all questions if possible. If not, please let me know which forum would be best to post the questions you are unable to answer. I'm very new to all this and am still feeling my way around. Thank You!Carol Link to comment Share on other sites More sharing options...
wunderwoman Posted February 11, 2005 Report Share Posted February 11, 2005 That actually helps you out A LOT. You may be very lucky here. Tell your husband to dispute the charge. For all they know, one of your family members could have been the one on the phone with them. They could have given the CA the account number, and they obviously didn't speak to you or get your permission because this is your "separated husband's" account and not even yours.Tell him to dispute the charge, and that you found out they might have broken some laws and to tell his bank that this is an unrecognized charge.He wouldn't need to change his account number. Legally, they can't go after him.He should be able to have the money refunded.Unless they recorded the call (which I doubt) they have no proof that YOU are the person that they spoke to.Of course, they make so many calls in a day surely they wouldn't remember your voice.They must have spoken to a stranger, or your little cousin who thought she was helping you out and getting back at your husband at the same time.Or maybe they spoke to the housekeeper, who handles some of your finances from time to time, and didn't understand what she was agreeing to. Get my point?Your letter to them should be "My husband notified me of an unrecognized charge and we are appalled that you obtained this information and sent through this charge. This is my formal request for validation of this alleged debt. blah, blah, blah"Get my drift? Link to comment Share on other sites More sharing options...
reno2360 Posted February 11, 2005 Report Share Posted February 11, 2005 I don't know... I would make sure they didn't record the call before you even think about claiming it wasn't you on the phone. Were they calling from a state where it is legal to record a phone call without the consent of both parties? Link to comment Share on other sites More sharing options...
carol124 Posted February 11, 2005 Author Report Share Posted February 11, 2005 I don't know, I'll have to check into the recording part. I don't remember if I was told the call would be recorded or not. Does anyone know where I can find out the different state laws?I had originally thought I would just more or less tell the truth. I figured even if I admitted authorizing the e-check, the bottom line is I don't think I was legally able to do so. My husband is the owner of the account and I am not authorized to use it. To my way of thinking, it would be the same as if I had sent the CA a check in the mail with my signature instead of his. I may be wrong but I don't think the bank would honor that check. The CA did not request anything in writing stating I was authorized to use his account. I fully explained the situation but they said it wasn't a problem. The only info they wanted was the routing and account number. They never even asked his name or where he could be reached to verify that he gave consent.My husband is thinking about disputing the payment anyway. He was a little ticked off when I told him what was going on. We are separated so he really didn't have to do anything for me to begin with. He was just trying to be nice. In reality, I don't have any proof either about the consent. Just his word on the phone. Any other input from the experts out there would be greatly appreciated. I need to address this problem ASAP but don't want to make the wrong move. The advice given by wunderwoman was very much appreciated and sounded like a good idea but I'm a little worried about what would happen if the CA had recorded our calls.Thanks!Carol Link to comment Share on other sites More sharing options...
carol124 Posted February 12, 2005 Author Report Share Posted February 12, 2005 bump Link to comment Share on other sites More sharing options...
creditdodger Posted February 12, 2005 Report Share Posted February 12, 2005 If your husband disputes the charge as not authorized, the CA would have to prove that it was authorized by the owner of the account. Even if they recorded the call, they did not get auth from the owner of the account. Your husband can simply say and stick to the fact that you had no authority to make such transaction. His bank will take care of the rest. Link to comment Share on other sites More sharing options...
carol124 Posted February 13, 2005 Author Report Share Posted February 13, 2005 Thank you for the info. My husband is going to dispute the payment on Monday. Link to comment Share on other sites More sharing options...
broketreeman Posted February 14, 2005 Report Share Posted February 14, 2005 as far as ur credit report stating n/a for the dola, it does that on the report from online but if u recieve through the mail it will tell you the correct dola date. theres a lot more info from recieving one throu the mail than u can get on line. Link to comment Share on other sites More sharing options...
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