MadinKS Posted March 28, 2007 Report Share Posted March 28, 2007 My wife has an account with Applied Card and it shows a DOLA as 02/2002 but it shows DOLP as 10/2005. Her TU report shows a date of delete as 11/2008. So I assume the last payment made was either 4/2001 or 5/2001 because the date of delete is 7 1/2 years from DOFD. Right? Does this sound fishy to anyone else?I have just sent out dispute letters to the 3 CRA's (last week) and now a CA has sent a letter trying to collect on this account. Never got letters until now. The letter doesn't have the mini-miranda, "30 days to dispute this debt, etc", just offers a settlement in 3 payments over 3 months. If this is the first letter aren't they required to include the mini-miranda in their letter? Also, should I wait for the CRA disputes to come back and then DV these sleezbags or should I immediately DV them? I'm afraid if I wait for dispute results I will screw myself out of any DV rights I may have. A little help please. Thanks.MadinKS Link to comment Share on other sites More sharing options...
thomassl Posted March 28, 2007 Report Share Posted March 28, 2007 Kansas has a statue of limitations of 5 yrs. for written contracts and promissory notes and 3 yrs. for oral contracts and open ended accounts. Credit card payments are open ended accounts. Kansas is one of the only states that payment does not restart the SOL; only a written promissory notes resets it. I would DV the collection agency anyway. Isn't funny how you did not get a letter from the CA until you disputed with the CRA's? Many of us on the forum know that the CRA's sell information as well. You really need to determine when your actually last payment was made. DOLA means dates of last activity which could mean the last date of activity of any kind on your credit report. The DOFD, date of first delinquency is the one you need to know but you can't assume it as the CRA's have a tendency of re-aging accounts. Make sure all your requests are by certified mail. Link to comment Share on other sites More sharing options...
MadinKS Posted March 28, 2007 Author Report Share Posted March 28, 2007 Kansas is one of the only states that payment does not restart the SOL; only a written promissory notes resets it.I find it interesting that you read the law the same way I do. One random payment over the phone doesn't constitute written promissory note for resetting the SOL. I went back and forth about this issue a couple of weeks ago and was told that a random payment constitutes a promise to pay and will reset the SOL. I'm confused!!! Anyway, I'm sure my wife didn't just make one payment. She would have set it up to pay until paid off. The only report that shows a random payment is CSC (Equifax for the Mid-West) on 10/2005, but under the payment history for 10/2005 it shows no payment, just charge-off. If indeed a random payment doesn't reset SOL then it is for sure out of SOL. Should I just go ahead and send out a DV now? Link to comment Share on other sites More sharing options...
thomassl Posted March 28, 2007 Report Share Posted March 28, 2007 I find it interesting that you read the law the same way I do. One random payment over the phone doesn't constitute written promissory note for resetting the SOL. I went back and forth about this issue a couple of weeks ago and was told that a random payment constitutes a promise to pay and will reset the SOL. I'm confused!!! Anyway, I'm sure my wife didn't just make one payment. She would have set it up to pay until paid off. The only report that shows a random payment is CSC (Equifax for the Mid-West) on 10/2005, but under the payment history for 10/2005 it shows no payment, just charge-off. If indeed a random payment doesn't reset SOL then it is for sure out of SOL. Should I just go ahead and send out a DV now?As I stated, in Kansas, only a written new promise to pay constitutes resetting the statue of limitations; not making a partial payment nor orally agreeing to pay. Even if your wife orally agreed, it's not valid to reset the SOL. She would have had to send them a new written promise to pay. I would certainly DV them. Link to comment Share on other sites More sharing options...
MadinKS Posted March 28, 2007 Author Report Share Posted March 28, 2007 A voice of reason. I will draft a DV letter right now and put in the mail today. Thanks for the help. Link to comment Share on other sites More sharing options...
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