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What to do when the OC lied about last payment date...I think to extend the SOL

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Sue975

Junior Member
What is the name of your state (only U.S. law)? Oregon - I was told the SOL is 6 years for Oregon.

My last payment was June 2011 and I didn't make any payments after that on a timeshare maintenance fees, the account itself was paid off and I only owed the yearly dues which was around $9,000 between 2012-2015. In 2015 they terminated the account.

I has asked them via email to verify the last date of payment, with the thought that I would use that later this year to remove it from my credit report. They emailed back that I made a $42 payment for a late fee in Dec. 2014 and confirmed the account was terminated. I know I didn't make any payments since 2011 and it would not make sense to pay $42.00 even though there was hundreds of dollars in late fees plus the dues.

My question is...

Can they lie about the last payment date? and if not what should I do?
should I contact them back and tell them they are mistaken that the last payment was in 2011? Or could that hurt me more? Or should I just dispute it with the CRA and not mention what they emailed me?
If they applied someone else's payment towards my account without my knowledge or consent, could that restart the SOL?

Thanks, Sue
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oregon - I was told the SOL is 6 years for Oregon.

My last payment was June 2011 and I didn't make any payments after that on a timeshare maintenance fees, the account itself was paid off and I only owed the yearly dues which was around $9,000 between 2012-2015. In 2015 they terminated the account.

I has asked them via email to verify the last date of payment, with the thought that I would use that later this year to remove it from my credit report. They emailed back that I made a $42 payment for a late fee in Dec. 2014 and confirmed the account was terminated. I know I didn't make any payments since 2011 and it would not make sense to pay $42.00 even though there was hundreds of dollars in late fees plus the dues.

My question is...

Can they lie about the last payment date? and if not what should I do?
should I contact them back and tell them they are mistaken that the last payment was in 2011? Or could that hurt me more? Or should I just dispute it with the CRA and not mention what they emailed me?
If they applied someone else's payment towards my account without my knowledge or consent, could that restart the SOL?

Thanks, Sue
The SOL is something that you use in a lawsuit in your defense. You should certainly respond to them in writing that they are wrong and that you have not made a payment since 2011, but other than that, you gather what evidence you have (if any) and wait until they take you to court. That may never happen.
 

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