gravelgirl66

Past SOL and Payday Loan

Recommended Posts

Hello,

Hope you all can help.  I have a payday loan from July 2007.  I am in FL. I never paid, and have never agreed to pay.  Over the years, they used to call my cell all the time.  But it tapered off a couple of years ago.  Now they have picked up the pace again.  I just got a call today from CMG group, and left a voicemail saying that they were "Cheksystems"  (lying) bc when I held on the line and questioned them as to who the original creditor was, they kept saying CMG. Which I know who the company was that I used and it wasn't them.  Of course all the threating stuff, I am gonna be served etc... and then I was hung up on... Ok.. no big deal..

 

However, I thought I better go check my credit... and I will be danged if as of Oct. 2012 they placed an open collection on Equifax, stating the balance and "customer was just found".  I disputed with Equifax and still waiting the results.   Is there anything I can do to get it off?  FL says my SOL is 5 years, so I show I passed that last year with this debt.

 

The unfortunate thing I really thought this debt was dead, and was trying to buy a home this August, and now with this hanging back on my credit - ugh!  Is there anything I can do?

 

Thanks!

GG

Link to post
Share on other sites

Even if you paid it, it would not come off for seven to seven and a half years. If you are past the FL SOL, then send them a short simple C&D Lettert telling them that you will not pay the alleged debt and for them to stop calling you at any number.

Link to post
Share on other sites

There are 2 SOLs. The first is the legal SOL which is the time period in which they can sue you. That is the SOL that has passed.


The other SOL is the reporting SOL and that is 7 to 7.5 years from the Date of First Default. Hence, they are within SOL for reporting.

What I would do is get a good digital recorder and record the calls, even letting they know that you are doing so. Odd are, these people will violate the FDCPA (they already have by threatening suit on a time-barred debt but you have to prove it). Otherwise, send a C&D or refusal to pay and see if they violate.

If they do violate, you can make a deal with them to not sell the debt and/or remove from your credit report in return for taking less in damages.

Link to post
Share on other sites
Guest
This topic is now closed to further replies.