Flwrpwr1999 Posted April 26, 2007 Report Share Posted April 26, 2007 Hi, I'm new to the forum and seeking advice. An old providian account of mine went bad in 9/99 due to being out of work because of a disability. The initial ca violated virtually every law under FCRA there is. I foolishly never followed up with the violations and when they stopped bothering me I thought it was done with. Last month I get a letter from excel aquistions. I sent them a c&d and advised them that the last ca violated my rights and I dispute the debt because they broke the law (I know that's wrong now). So now this "lawfirm" Stock and Grimes is calling me on the behalf of Excel and is threatening to sue me. I am on s.s.d. and have no other income but my husband works. This debt was incurred several eyars before I was married. We own a home in Pa (primary residence) and a condo in NY that we rent out but are by no means well off. My name is on the deed (not note) for both but there is no equity in ny and about 50k in equity on the pa house. I'm curious as to the S.O.L. because I moved from NY to PA and whether or not makiing a payment to the first collection agency in 2003 resets the S.O.L.? Also, by talking to this new law firm and trying to reach a settlement have I admitted responsibility for the debt and now ruined my S.O.L. chances? Excel is also refusing to remove this reporting from my cr's and even providied the charge off date as the d.o.l.a. to keep it on my report. I advised Stock and Grimes that they were breaking FCRA by changing the d.o.l.a and they said they were not familiar with the FCRA (isnt that weird for a lawfirm who does collections). I offered a 50% settlement of 1300 and they turned me down (total owed is 2600) saying if I paid them 2200 they would remove it from my cr. Truth is I really was abused so badly by providian and their minions I really don't want to pay but at the same time I'm not willing to ruin my life over this. Should I cut my losses and pay or do I have a leg to stand on if they sue me? Any advice would be appreciated. Sorry for the longwindedness. Has anyone dealt with Stock and Grimes or Excel? Link to comment Share on other sites More sharing options...
chelseagirl Posted April 26, 2007 Report Share Posted April 26, 2007 When you made payment in 2003, that reset the SOL. The SOL will be where the debt incurred. If you lived in NY when you had the debt, that would be NY SOL. Link to comment Share on other sites More sharing options...
row Posted April 26, 2007 Report Share Posted April 26, 2007 i read somewhere...*thinking - have to find this info again* that payments made on a collection account does not reset the SOL unless you bring the account up to date...correct me if i am wrong but i did read that ...i will see if i can find it again...also the SOL for NY is 6 yrs on all debts except tax liens, judgements, ect... Link to comment Share on other sites More sharing options...
row Posted April 26, 2007 Report Share Posted April 26, 2007 CHECK THIS OUT!!! Equifax Reporting InformationThis can be information can be found at: https://www.econsumer.equifax.com/co...rd=cs_cpo_faqsNew York State Residents Only (must be current resident)Satisfied judgments remain five years from the date filed Paid collections remain five years from the date of last activity All other purge rules as noted above apply Link to comment Share on other sites More sharing options...
Flwrpwr1999 Posted April 27, 2007 Author Report Share Posted April 27, 2007 Get this, I received a letter from them today stating that the law firm of stock and grimes are representing Excel in reference to my outstanding debt. The letter SAYS they have enclosed supporting documention. "I have e nlcosed for your reference a copy of the supporting documentation." However, there was nothing included in the letter. So does this mean they simply "forgot" to include the documentation in the mailing or do they not have it and are trying to trick me? How should I proceed? Should I put it in writing to them that I received the letter but no documention? Also, now that the S.O.L. question has been answered for me (thank you for the answer! I'm so mad at myself for paying now! Guess I can't claim S.O.L.) but how do I proceed in getting Excel to remove this account from my cr since the account orignally defaulted in 1999. I know I'm still on the hook for the bill but they should remove it from my cr because I defaulted in 1999, right? Am I correct that making payments to a CA does not reset the date of default so the account should be removed from my credit file? The providian account had been removed but Excel added it back to my report last month within days of sending me their first letter.Thanks in advance for the advice! Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 27, 2007 Report Share Posted April 27, 2007 i read somewhere...*thinking - have to find this info again* that payments made on a collection account does not reset the SOL unless you bring the account up to date...correct me if i am wrong but i did read that ...i will see if i can find it again...also the SOL for NY is 6 yrs on all debts except tax liens, judgements, ect...Depends on where you live.. here in NC.. it resets the SOL and does in most cases even if its not up to date... in Texas for example it does not Link to comment Share on other sites More sharing options...
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