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Posted: Tue Jul 15, 2008 10:11 am Subject: What do I do next?

Ok, I sent a DV letter again today to Gillette and Paul- first one hasn't been picked up- found out I left out the suite # I think. So I sent another today. But when I they called last week, they said they would send out an advadavit and they did.

I just want to make sure that I am correct and they can't sue me for it. I live in Florida so the SOL is 5 years. In this thing they sent me, it says last payment was Nov, 7, 2002 so the SOL has passed right? This is a Household bank credit card by the way. It also says they don't have the original records because they have been destroyed.
What do I do now? The DV I sent also had a cease and desist in it too. If I had the money, I would pay it but they refused to set up payments at all that weren't unreasonable- such as in 2 payments of $400.
Thanks

Posted: Tue Jul 15, 2008 10:24 am Subject:

From what I have read the SOL in Florida where I live also is 4 years on credit cards. The 5 years is for contracts and Mortgages. I beleive that credit cards fall into the "catch all' of 4 years. I think I told you I have an attorney that would handle that on a contingency basis. If not please PM me and I will giveyou the info.

Posted: Tue Jul 15, 2008 7:07 pm Subject:

If they can't produce even a bill of sale then it would be hard for them to articulate in court how they can be collecting on an account where the documents have been destroyed.

Posted: Wed Jul 16, 2008 2:50 am Subject:

Recent case law supports the 4 year SOL on Store Cards but there is nothing on bank cards so I would still go with the 5 year SOL on those:

PORTFOLIO RECOVERY ASSOCIATES, LLC, Appellant, v_ PAUL FERNANDES, Appellee_ Circuit Court, 15th Judicial Circuit (Appellate) in and for Palm Beach County

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