SOL questions

[kardson]

Hello all,

I'm trying to get a little info about SOL on credit card accounts in michigan. I have almost completed a very lengthy process of cleaning up my credit when this damn old debt comes back to haunt me...

Little info:

In 1998 when I was 18 I got a Capital One Credit card with a $500 spending limit. I cannot remember all the details, but I do remember that after several months of sending in theminimum payment the CC company said it was late (by 2 days) one of the months and charged me a late fee, then subsequently reduced my spending limit to $250.. in doing so caused me to go over my spending limit on the card as I had about $300 in charges on the card. And charged more fees against me....

Being young I ditched the card and never paid it off cuz I was mad at the con job they just pulled on me. Not thinking this crap would follow me around this long. If it wasn't for the recent collection notice I honestly would not have remembered this much.

My question is at what point does the SOL clock start ticking? Is it the Last time I made a payment on the credit card or the date at which the card was written off by the original collector? I know with 100% certainty that I have not posted any payment since at least Jan 1999. I have also checked all 3 credit bureaus and cannot find any record of the original debt on my record, thankfully the collection agency hasn't posted it yet either.

I already sent the standard letter to the collection agency asking for verification and they sent me a letter back stating that Capital one charged the account off end of 2006 and they bought it in the beginning of 2007. Can I tell them to stick it (in a professional way ), that the debt is too old to collect upon?

[bigjohnstud4200]

SOL begins from the date of first major delinquency. Usually, that's the date 30 days after you first missed payment. You have an affirmative defense if they sue you, TIME BARRED. I would send back a DV and they will probably leave you alone. They cannot report to your credit either since it's beyond the reporting period.

[kardson]

I sent them a debt validation letter and they responded with some BS. They did not give me any last activity date.

I will try to scan the letter they sent me along with the letter I sent them tonight.

[kardson]

Ok, So when I originally got the collections notice I sent this letter.

MY NAME

MY ADDRESS

CITY STATE ZIP

Portfolio Recovery Associates

P.O. BOX 12914

NORFOLK VA 23541

Date: June 2, 2007

Re: Acct # ###############

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on May 15, 2007). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

# What the money you say I owe is for;

# Explain and show me how you calculated what you say I owe;

# Provide me with copies of any papers that show I agreed to pay what you say I owe;

# Provide a verification or copy of any judgment if applicable;

# Identify the original creditor, as well as the date the debt was written off;

# Show me that you are licensed to collect in my state

# Prove that you are within my states Statutes of Limitation to collect the debt if validated.

# Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act

* Violation of the Fair Debt Collection Practices Act

* Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

MY NAME

CC:

Trans Union

P. O. Box 1000

Chester, PA 19022

Equifax

P. O. Box 740241

Atlanta, GA 30374-0241

Experian

P. O. Box 9595

Allen, TX 75013-9595

I then recieved the following 3 page letter July 3rd (they just made the 30 day deadline) For sake of my poor fingers I will only write out the first page. the other 2 pages are a Privacy notice and an Affidavit of ownership and sale of claim showing they bought the account on 3/22/07

P.O. BOX 12914

NORFOLK, VA 23541

FORWARD & ADDRESS CORRECTION

Jun 25, 2007

D4

MY NAME

ADDRESSS

CITY AND STATE

Re: Request for Additional Information ##############

We are in receipt of your recent request for additional information pertaining to the account referenced above.

Original creditor's name: CAPITAL ONE BANK

Original creditor's address: 15000 CAPITAL ONE DRIVE RICHMOND VA 23238

Account holder's name: MY NAME

Account holder's address: MY CURRENT ADDRESS

Date of the loan: 6/30/1998

Account holder's last 4 digits of SSN: ####

PRA purchased this account: 3/22/07

The current outstanding balance is: *2499.14

Contact us toll-free at ### ###-#### to discuss payment arrangements.

Various Payment Options Available Including:

Check:

Credit Card:

On-Line:

Hours of operation: 8am to 10pm est Monday through Thursday, 8am to 8pm EST friday and 8am to 2 pm EST saturday.

We're also available by e-mail at help@portfoliorecovery.com

*Interest continues to accrue on this account and will accrue until the account is satisfied, unless the interest has been suspended.

This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

Like I said before I know I haven't made any payments on that card since at least Jan of 1999. I believe MICHIGANS SOL is 7years? So do I write them back and say you failed to Prove that you are within my states Statutes of Limitation to collect the debt and must stop all future collection attempts.? Is there a form here for that?

[Amerikaner83]

Just tell them "sorry ignorami, you're too late" - IF you're sure the SOL is up.