jameswillson300

SOL, do late, over limit fee and interest charges count as activity?

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I recently got a letter from Client Services Inc over Chase credit card debt.

First I sent them a standard DV letter.  I received all, ALL billing statements from 06-2010 and ALSO
part of original application I sent to Chase.

 

Now I believe these are sufficient as validation.  So I want to argue SOL.

They claim that my last payment was in 2012, not sure if they can prove this.

But according the statements they sent me, LAST PAYMENT was on 6/2009.

Chase kept charging me late fee, interests until 2/2010.

 

If SOL starts on my last payment, then it is time barred. (4 yr SOL of open account in  my state.)

But if they count late fees and interests as "last activity." then it is still in time limit.

Which one is right??

 

Thanks in advance.

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@jameswillson300

 

I don't believe the last activity includes fees and interest.  It usually just includes a charge or payment by the consumer. 

 

In regard to a possible 2012 payment, check your bank records.  If there was a payment in 2012, do not assume that they can't prove it.

 

In what way did they indicate that you made a payment in 2012?

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Thank you guys, 

 

I had several small debts and had this firm consolidate debts and make small payments

some time in 2010 and 2012.  I'm not sure if Chase was one of them.

All the payment was to collection agencies, so the payment didn't go to Chase.

 

And if I did so, does paying it to collection agency re-start my clock even it's not the same agency

perusing the debt right now?

 

Like I said, even after DV letter, they didn't prove anything about last payment.

It was simply written on the first letter they sent me.

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And if I did so, does paying it to collection agency re-start my clock even it's not the same agency

perusing the debt right now?

 

I don't know the rules concerning debt consolidation payments. That is something you may need to ask an attorney. I do know if you make a direct payment to a CA or JDB that it does reset the SOL. 

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I don't know the rules concerning debt consolidation payments. That is something you may need to ask an attorney. I do know if you make a direct payment to a CA or JDB that it does reset the SOL. 

thanks, does SOL reset even the debt has been sold to other JDB or CA?

i.e. made a small payment to "A" collection agency, stop paying.

Debt gets sold to "B" JDB.  Does SOL still restart?

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@jameswillson300

 

Yes.  The payment you made to collection agency/JDB "A" restarted the SOL and that new date applies to CA/JDB "B".

Just like DV letter, I'm assuming they have to prove the last payment date.

Say if the debt was passed around many times, I'm guessing it will be difficult for them to prove the last payment date

whereas I have statements from Chase that I can prove the last payment, no?

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@jameswillson300

 

The statement from Chase doesn't prove a last payment because it doesn't say that it was your last payment.   If you were sued, and they alleged a date of last payment, they'd have to prove it if you denied it.   They could motion to compel the production of your bank records to show the payment they claim you made.

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@jameswillson300

 

The statement from Chase doesn't prove a last payment because it doesn't say that it was your last payment.   If you were sued, and they alleged a date of last payment, they'd have to prove it if you denied it.   They could motion to compel the production of your bank records to show the payment they claim you made.

Thanks again BV80.

That will be interesting as even if I made a payment, it was to debt consolidation agency, not the collection agency.  I never made direct payment to JDB.

 

Also, would you guys think partial copy of credit application I filled out and billing statements are enough to validate the debt?

If so, what should be my defense?

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