changing sol

[aints68]

New question.

In talking with ca, I was discussing option for payment before they sue, but from this site I believe that the sol has past.

I wanted to see if they would offer a delete, but instead they are only offering a letter saying paid for a cash discount, but I have not agreed to pay.

Last year, they also sent some letter with some repayment terms asking me to sign and return it, but I did not.

I have not sent them anything in writing agreeing to pay, but I'm afraid they may claim verbal agreement from the phone conversations.

I am in NC. If they try using this defense, can they change the SOL?

[DocPC]

No they cannot. It's written in stone.

Who is it dunning you? Write them a letter CMRRR that the debt is time-barred.

[aints68]

The original deliquency was in July 2001 and written off in Nov 2001,

but ca is listing as 2003.

Now, if they are collecting on behalf of oc I know they can't change sol, but what if they PURCHASED account from oc. Can they legally change sol for lawsuit?

[retmar]

No, they cannot change the original delinquency date if they purchased the debt.

If they have changed the DOLA due to their purchase, you have them in violation. They can change the date reported and date opened, but the original date of delinquency must remain.

If you are sure the debt is timebarred, all you need to do is send them a full C&D telling them the debt is timebarred and they have no legal recourse to the debt. Therefore, they have 10 days from receipt of your letter, sent CMRR, to close, delete, and go away, or you will sue. Then, if they sued, you would file a defendants claim using this as a defense, and are now suing them for violation of FDCPA 807(2)(A). OR, if you want to pay this debt because it is legit, you would simply remind them of the SOL and offer $.10 on the dollar for complete deletion and promise they won't sell, transfer, or reassign. You would also say that if they do not accept your offer, you will sever all communication and consider the account closed.

If you find the debt is still within the SOL, send them a letter, CMRR, offering $.25 on the dollar along with complete deletion and promise they won't sell, transfer, or reassign. Yes, they will counter at a higher amount. You counter back at a little more than prior. You should end up getting away with at least $.25-.35, if they are smart.

[aints68]

here is whar I'm looking at:

They want to settle for $350.00. I'm willing to pay that but I was trying to get a delete letter. Since they are stiill within sol, I can't push but so hard or they could refuse and go ahead and file suit. At that point I'm screwed.

The original debt was delinquent in July 2001. CA reported their collection account in 2003. They are willling to give me a letter stating I settled and in that letter they will state info for old account. I'm not worried about getting it off my credit report right away because there are a few other things on there that won't come off for a few years, but I'm afraid that settlingn will keep this on my reprt for 7 years from now.

What I need to know is, will credit reporting agencies take this off 7 years from original debt (7-2001) , 7 years from ca's account (2003) or 7 years from the date I pay ot off (2005)?

Any input I can get from this would be greatly appreciated. I'm not trying to run from this debt, but I don't want to cause more harm than good.

Also, should I have them state something in the letter that says they can't COLLECT or SELL the remaining balance. THANKS!!!

[retmar]

I answered this in your other thread. Again, please try and keep it in one spot. Though you may have new questions to ask on this, it is better you keep it in one thread as it will become a better reference than looking for each of them. Besides, they all pertain to the same debt and the same CA.

Don't get upset as many have done the same thing. We only ask this so as to keep the forum flowinga and less space is used.