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Why Chat -? about OC and SOL letter
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Posted by Boadicea
(66.149.179.202) on August 01, 2004 at 12:36:07:
Why Chat, I could use some guidance here on how to notify an OC on an expired SOL account. I disputed a TL on my CR concerning a purchase my ex-husband made after our divorce, and it came back as "verified" but updated to a balance of "O". Then I got a dunning letter from the OC! Do I send them a letter based on the SOL letter, only leaving out the FDCPA stuff? Here's the (somewhat complicated) details:
1) Ex and I used to have a joint store card that was financed by HHB. It had a zero balance long before I moved from KS to IL 8/96.
2) Ex bought a computer at the same store a year and a half after divorce (mid-1996), after I moved to IL. He *swears* he applied for a new account in his name alone. It was one of those buy now, no payments for a year arrangements.
3) 3/97 Ex moves to MO and remarries.
3) 7/97, Ex files Bk before paying anything on the account. (So SOL starts here, or at the time of purchase?) I know nothing of purchase (never received a statement) and nothing of Bk (no notice from him, attorney, or OC's).
4) OC's recent letter states they verified that the account and charges are mine and lists the old joint account number! My guess is that they made a mistake and put the purchase on the old joint account instead of opening a new account for him. (Or he is lying, which isn't beyond the realm of possibility.) Either way, I don't think it makes any difference if they *did* put it on the joint account. So, which SOL is applicable? Sale of Goods or Open account? Statutes of KS, IL or MO (which I can't imagine would be applicable since I've NEVER lived there)? Should I list all three? And should I demand that the statements be produced by the OC as proof that I never made the charges? Should I even mention that the account was IIB to the OC or CRA's, since it will probably mean that the TL will stick for ten years to my CR? (The Ex, by the way, has offered to send me the papers from his Bk.) Do you think it would do any good to have him send me an affidavit stating that he applied for a new account? Sorry for all the questions, but I never expected the OC to pursue this. Now they're asking for proof of my ID (yeah, right). I don't know if I even have any statements from this account, although I do have a receipt from my last purchase from them.
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