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stevenwe

5 months before SOL ends, 30K citibank debt , whats the move

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this is regarding a debt for my SO

 

got a letter in the mail last week from Mel Harris attny , in NYC , regarding a debt they got from LVNV which got it from CIti..

 

on the letter it says charge off date is 6/2008

 

total due 31k+

 

they are asking to make a payment arrangement or lump sum at a discount

 

please correct me if im wrong but NY SOL is 6 years , and im assuming the DOFD would be about 90 - 12- days before the CO date of 6/2008 ( am i correct)

 

SO told me a previous letter came a few months ago also from same attny but she ignored

 

today , SO received a voicemail from attny asking for a call back( the voicemail was pretty detailed which surprised me)

 

whats the next move

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sounds like they're getting itchy knowing the SOL is about to expire.

 

that's a lot of money. I wouldn't doubt if they file suit very soon if you don't respond.

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i agree , in the meantime im trying to find out exactly when the dofd was .... but if CO was june 2008 , then its literally got to be 90 - 120 days before that ,,, which is like jan or feb 2008 , which is now ... im thinking of somehow stalling them somehow ... would stalling work?

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Have SO get full copies of her credit reports from each CRA, or annualcreditreport.com (the place for annual freebies.) You really can't guess at the DOFD, they can vary widely from the chargeoff date. If the original Citi account is still on there, see what the info is. NEVER trust the info you get from a CA, JDB or their attorney.

 

And don't get the credit reports from any other place. If you have time to wait, have the reports sent by mail.

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do you not know when you last made a payment?

 

I thought it had to be 6 months delinquent for CO. so if CO in June, I would figure DOFD would be Dec last year and you're already out of SOL. but in order to know for sure, you need to know when you last made a payment.

 

as far as what to do, you'll have to ask someone more knowledgeable than I regarding this topic.

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It's possible that SOL already passed since it was sold to another collector. Are there any potential violations in the voicemail?

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They based their decision to purchase your account(s) on information or misinformation in one of your three credit reports.

 

I trust you have recent copies of all three reports? Is the DOFD reporting exactly the same on all three?

 

I want all legal information to come to me directly, so I also recommend making sure you have your current address showing on all three reports. That way, you're significantly reducing the chances of a filing without your knowledge.

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You might want to do a google search and start reading. It seems that Mel Harris is super shady and has a record of filing lawsuits and getting default judgements. Hopefully one of the pros here will chime in with more specific advice.

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Do I have hard copies of reports?? Look at when I joined CB,... Of course I have copies.. Lol

 

But in all seriousness, this account does not appear on her reports and for some reason neither does lvnv

 

As for mel Harris... I know all about them having dealt with them in the past on a judgement of mine (got default judgement about 4 years ago, and 2 years later filed a motion to get rid of default since I wasn't properly served)

 

My main concern now is to somehow find out dofd.. Any ideas?

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To my knowledge, delinquent accounts generally charge-off about 180 days after the last payment or from the first date payment was due but not received. If they are saying the CO date is June 2008, then the account would have became delinquent on or about Dec 2007. That would put her out of the 6 year- SOL on or around Dec 2013. If she can't find a credit report listing the accounts, she could always call the original creditor to find out when the account first became delinquent. Also, the fact that neither accounts are on her credit reports indicates the account is even past the 7 year reporting limit.

 

It's clear they are trying to trick her into making a payment to restart the SOL.

Edited by SunnySideUp32

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Do I have hard copies of reports?? Look at when I joined CB,... Of course I have copies.. Lol

 

But in all seriousness, this account does not appear on her reports and for some reason neither does lvnv

 

As for mel Harris... I know all about them having dealt with them in the past on a judgement of mine (got default judgement about 4 years ago, and 2 years later filed a motion to get rid of default since I wasn't properly served)

 

My main concern now is to somehow find out dofd.. Any ideas?

Send them a FOAD letter.

Edited by SBA

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this is regarding a debt for my SO

 

got a letter in the mail last week from Mel Harris attny , in NYC , regarding a debt they got from LVNV which got it from CIti..

 

on the letter it says charge off date is 6/2008

 

total due 31k+

 

they are asking to make a payment arrangement or lump sum at a discount

 

please correct me if im wrong but NY SOL is 6 years , and im assuming the DOFD would be about 90 - 12- days before the CO date of 6/2008 ( am i correct)

 

SO told me a previous letter came a few months ago also from same attny but she ignored

 

today , SO received a voicemail from attny asking for a call back( the voicemail was pretty detailed which surprised me)

 

whats the next move

 

 

 

 

SO told me a previous letter came a few months ago also from same attny but she ignored

 

if she didn't respond to the first letter, she's past her 30 days to dispute

 

but Mel Harris isn't shy about filing suit , I'm assuming that they really know that it's past the SOL when they are just sending letters and making calls.

 

 

the DOFD leading to the charge off must have been more that 180 days ( the hard and fast rule in 180 days with no payments

 

partial payment for a few months can extend it out past 180 days, but doesn't reset the DOFD for credit reporting periods.

 

so it's been at least 7 years from the DOFD ( some CRA's delete sooner than 7 1/2 years DOFD)

 

if's it's been floating about with the JDB's for 6 years or more, then it's probably been thru a Few JDB's before it landed with LVNV Funding. and they don't have enough evidence to sue

 

§ 206. Computing periods of limitation in particular actions

 

(d) Based on account. In an action based upon a mutual, open and current account, where there have been reciprocal demands between the parties, the time within which the action must be commenced shall be computed from the time of the last transaction in the account on either side.

 

so NY is based on the date of last payment (DOLA)

 

SEND a " shot over the warning bow " letter if you don't know the Date of the last payment ( can she check bank account statements? )

 

 

 

Mel Harris & associated;

 

address.

 

RE; Account # _______________________

 

Dear __________________,

 

 

I've received your first 2 letters, but assumed that this was in error; and just noted your detailed call left on my answering machine where my roommate heard it.

 

I really don't recall this account, I've pulled all three of my free annual reports, and neither Citibank nor LVNV funding is on any of my credit reports.

 

If this Citibank account was charged off in 6/2008, it would still be on my credit reports, and it isn't there; so if this is an old account of mine, it must be past 7 years old

 

Is it possible you're attempting to collect from the Wrong person.?

 

1.) Please provide the date the account defaulted, and the date of the last payment, please provide the account # and what type of account or loan it was.

 

2.) Please provide the full name, SS # and addresses associated with the account

 

If this Debt is past the Statute of limitations, you have failed to disclose, or failed to disclose adequately, that, in many instances, (a) LVNV Funding cannot require through a lawsuit that consumers pay debts beyond the statute of limitations, and ( b if consumers make partial payments on these debts, the statute of limitations period will be renewed

 

If you fail to provide any of the information or documentation I have asked for, please say why. If you do not provide it, and do not adequately explain why, I will understand that you and your client are unable to confirm or document the claims.

 

If you have good reason to believe that I am responsible for this debt, mail me the documents that make you believe that.

 

Stop all other communication with me and with this address, and record that I dispute having any obligation for this debt.

 

If you stop your collection of this debt, and forward or return it to another company, like Resurgent Capital Services, please indicate to them that it is disputed.

Sincerely,

 

 

___________________________

 

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update :

 

ok im a bit nervous now ....SO called citibank direct and they said that the account was turned over to a CA ,,,they did give me some details when questions were asked, they said i was delinquent in dec 2007 , but that in jun 2008 a $10 payment was made, So remembers paying 5 or 10 dollars a few times here and there after account was delinquent so im assuming the $10 payment that the csr mentioned was true ...

 

so in dec 2007 balance was 30k , and in delinquent status , does a few miniscule payments extend the SOL in NY , or is it DOFD ......

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In most jurisdictions, the account must be brought current to reset SOL. There are some states where that is not true. I do not believe NY is one of those states. Check the NY UCC . A minor payment that doesn't bring the account current usually has no real effect. Harris is shady as Hell and IMHO would file suit if he could. I would be concerned about sewer service and default judgement on his part but things like that are not as easy in NY as they use to be. I would be ABSOLUTELY sure of dates and such. SOL in and of itself might not prevent a suit from being filed it would serve as a strong defense. The amount is pretty considerable and greed often rules.

Edited by walterg55

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Sewer service: server says and certifies you were served, he just tossed it into the sewer, gets paid and moves on. You find out when a default judgement shows up

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To my knowledge, The SOL starts when the account first became delinquent and never brought back current. So the $10 payment did not reset the SOL that began in Dec 2007. But wait for ICAN to chime in because I could be wrong.

 

In the meantime, tell SO not to make any payments nor agree to any payment arrangements. It's probably best to stay off the phone at this point so she can't be tricked into saying something that will put her back on the hook for the 30K.

 

Be prepared for 1099C at the end of the year. Chances are she will get one.

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update :

 

ok im a bit nervous now ....SO called citibank direct and they said that the account was turned over to a CA ,,,they did give me some details when questions were asked, they said i was delinquent in dec 2007 , but that in jun 2008 a $10 payment was made, So remembers paying 5 or 10 dollars a few times here and there after account was delinquent so im assuming the $10 payment that the csr mentioned was true ...

 

so in dec 2007 balance was 30k , and in delinquent status , does a few miniscule payments extend the SOL in NY , or is it DOFD ......

 

I'm really surprised that CITI gave you any information - LVNV funding owns this now, don't talk to Citibank .

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Spoke to a lawyer, and he says that any payments, whether it brings account current or not will extend the statute in ny...

So now I'm really not sure what to do

 

Should I try to negotiate?

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Spoke to a lawyer, and he says that any payments, whether it brings account current or not will extend the statute in ny...

 

 

Yes, as long as you never default again on that new schedule!

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Mindcrime,.. So are you saying since I defaulted then it goes back to original dofd? Please explain

never mind mindcrime. - some how he thinks your SO is making payments now.

 

 

Why negotiate anything ??

 

if it's past the SOL, you don't have to pay

 

and it's going to drop off your reports in 2014-15 if the DOFD was in December 2007,

 

if the Attorney told you that partial payments won't reset the SOL in NY, send Mel Harris a FOAD letter

 

you don't have to pay a dime.

 

that's why Mel Harris is sending letters and calling - they want to talk you into a payment. because they can't sue.

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DO NOT GIVE THEM ANY MONEY, THEY CANNOT COLLECT!!! Why would you give them any money if they can't collect legally?

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