Jump to content

Determining the Date of last payment


klink
 Share

Recommended Posts

Hello all,

I am currently working to try to diffuse an very scary situation that has come up with me and Citibank. I am pretty sure that I am way out of SOL for this account, however, I recently got a credit report and they are showing the Date of Last activity as 2006. I've meticulously checked my bank records from that time period and there is absolutely no payment made to Citibank during that time.

So my question is, without trying a 623 letter to Citi, or filing a formal dispute with the CRAs, is there a way to try to determine the date of last payment? For example, can I call the non-dispute department with a CRA and see if they can help?

I just don't want to "wake the sleeping giant" in this case because if this is indeed an account of mine, due to non-payment over a 6 year period, it has ballooned to quite a substantial amount of money.

Thank you to anyone who might be able to lend a hand!

-k

Link to comment
Share on other sites

Thanks for the reply Legal,

Most people doubt that Citi has the account, but they are updating account monthly on my CR, listed as Citibank N.A. in Sioux Falls, SD, or Wilmington DE (depending on the CR). I am surprised they continue to do that if they no longer have the account.

The date of first delinquency is 11/2003, comfortably out of SOL. However, on one CR I got, the date of last activity is 2006, in which I am not out of SOL. So there is quite a bit of discrepancy here, which is truly quite troubling, and unfortunately not a matter of a few months. I just need to somehow find out when I paid them last to verify which date is correct. I'd like to do that before getting on the phone with them, and before deciding how to go about challenging the validity of this debt. I might add that I'm concerned about the SOL for legal action. The debt is scheduled to fall off next year, but I would like to find definitive information on the legal SOL.

Is there any way to do that without contacting them directly?

Link to comment
Share on other sites

Typically the clock starts to really roll from the date of the last payment.

If you believe, the date of the last payment is more than the SOL, then call them.

Dont worry about the 2006 date as long as you know you didnt pay them in 06.

These banks have bad information all of the time. I had a Citi acct and I called them and they told me that they sold the account and told me the date of the last payment etc.... I got that to go away on my report.

Link to comment
Share on other sites

They try to confuse you with the "Date of Last Activity" versus the "Date of Last Payment"....they are not the same! :slapface: They want you to believe they are so that you pay them! :twisted: You need only be concerned with the Date of Last Payment. If you are out of the SOL, just ignore it. If they try to take you to court, you can use the SOL defense. 8-)

Link to comment
Share on other sites

So now I guess my question is:

Is there any way to determine the Date of Last Payment without actually contacting Citi or disputing the account?

That is what I am really trying to do...just find out that date without incurring the wrath of you-know-who if it is within SOL.

Would a CRA non-dispute department be able to provide that information?

-klink

Link to comment
Share on other sites

Unfortunately, sometimes determining the date of last activity/payment is a matter of making an educated guess.

What does your credit report say? When do YOU think you made the last payment?

If you are taken to court, you most likely will be able to make the collector/debt prove date of last activity if you are using SOL as a defense.

Link to comment
Share on other sites

OK - I'm pretty sure that the last payment was in 12/2003.

I've gotten my official TU and EQ reports, and neither one of them show a date of last payment, or a DOLA. However, earlier this year when I was considering a mortgage, the broker pulled a tri-merged report from Sarma, and it shows the date of last activity as 5/2006.

I've carefully combed through my bank records and do not see any instance of any payment to Citi.

The one thing that worries me is that when going over a very old credit report of mine, it lists the balances by month. They are as follows (with the actual amounts changed):

3/06: $2000

4/06: $2157 (+157)

5/06: $2308 (+151)

6/06: $2423 (+115)**

7/06: $2594 (+171)

It seems like there is indeed a lower amount added in 5/2006. But I can't for the life of me remember making a payment, nor can I find any proof of one. I really need to figure this out if anyone has any suggestions.

Thank you all for your help!

Link to comment
Share on other sites

OP, you said :

"OK - I'm pretty sure that the last payment was in 12/2003."

Not good enough.

Hate to agree with the collector, but unless you have absolute proof of when you made the last payment, you are on shaky ground.

That said, somehow you need to find out DOLA on this, and who actually owns it.

Link to comment
Share on other sites

Sorry to ask a stupid question, Newryman, but can you elaborate? I'm not really sure what you mean....

When they charge off (180 days after DOFD) they generally stop sending you statements. When did you get a statement from them last?

Crap 1 are notorious for adding fees etc after charge off which causes them regulatory problems imho as the way CC and banks raise funds in a fiat currency market is based upon in part their receivables. If the charge offs are increasing then the receivables are in part being fraudulently inflated to increase their lending/cash raising potential ratios and at some stage they are going to get called on this. Remember Enron?

That aside here is the real deal with the charge off deal that I think applies in your case. You are outside SOL so are fireproof. However they may or may not be.

FCBA states that anytime fees are added to a cc, you MUST get a monthly statement indicating what you are being charged for. As you have 90 days to dispute under FCBA, if you are not getting statements, them they are violating it and you may well have a cause of action. Write to them in crayon or some other kiddy fashion and get a certificate of mailing do not send it CMRRR. Tell them you havent had any statements form them since 2007 and wondered why not. Sit back wait 90 days as they will undoubtedly ignore you as a nutjob. Then check when they last added interest or other charges and everything that is inside the SOL should get them an invitation to either pay you a suitable amount of cash or explain their actions to a Judge. Part of that settlement should be a permanent clean up of your credit report from them. Just a thought.

There again I like to sue and make sure that collectors are kept busy by keeping meticulous records of the checks they write so they know when they last paid me. It keeps them busy and from bothering people by begging for money on the phone. Which when you think about it is like pan handling only inside at a cubicle. Kind of pathetic thing for a grown man to do really don't ya think :lol:

Link to comment
Share on other sites

The easiest way to know when the date of your last payment was is to keep good records of the checks you write.

Thank you for that little bit of wisdom. I do have records that are automatically accumulated by my bank. There is no record of payment to Citi during the time of the alleged DOLA.

OP, you said :

"OK - I'm pretty sure that the last payment was in 12/2003."

Not good enough.

Hate to agree with the collector, but unless you have absolute proof of when you made the last payment, you are on shaky ground.

That said, somehow you need to find out DOLA on this, and who actually owns it.

I agree with you completely. Thus my original question, how should I go about determining the DOLA? Might you have any insight on how to do this without disputing the account?

Am I right to assume that I'll get nowhere by trying a non-dispute call to a CRA?

And Newryman, I like your style. Nothing wrong with panhandling from a cubicle!

I have indeed not received any statements from them since 2004. They are adding a ton of interest every month, although since they are located in S.D. I believe that state allows for the addition of a large amount of interest.

So basically, the consensus is that I'm going to have to give them a call to find out the date of last payment?

-klink

Link to comment
Share on other sites

Newryman,

Just a quick question about your post....since the account has been charged off, are you saying that the OC cannot add interest without sending me a monthly statement first?

I think this is TILA or something, right?

Because right now, they are adding around $400 per month on to the balance without me ever getting a statement. Is that where the summons comes in?

-K

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.