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rob387530 · Sep 19, 2009, 05:35 AM

Can a creditor put money on a time barred account with out your consent if you over paid them on another credit account. They put a $2.00 over payment from the other account on the time barred account without my consent and reported it on my credit report as a payment made and now the are trying to sue me saying I made a payment on that account. Is that legal?

ScottGem · Sep 19, 2009, 05:53 AM

You are saying you made a payment and that payment was $2 over so they applied it to another account? And that account was past the SOL so this action restarted the SOL?

I think it would depend on the status of both accounts, the nature of the accounts and what agreement you signed with them.

If the account you made payment on was in good standing, then No, they should have left a credit on that account. But if it wasn't in good standing and you have multiple accounts with them, they may very well get away with it.

rob387530 · Sep 19, 2009, 06:10 AM

Originally Posted by ScottGem

You are saying you made a payment and that payment was $2 over so they applied it to another account? And that account was past the SOL so this action restarted the SOL?

I think it would depend on the status of both accounts, the nature of the accounts and what agreement you signed with them.

If the account you made payment on was in good standing, then No, they should have left a credit on that account. But if it wasn't in good standing and you have multiple accounts with them, they may very well get away with it.

The account that I made the payment on is paid off it was my last payment for that account I made a western union payment that was $2.00 over and they applied it to the other account which was past the SOL I made no agreements or signed any thing concerning that account.

excon · Sep 19, 2009, 07:16 AM

Originally Posted by rob387530

is that legal?

Hello rob:

Uhhhhh, maybe... THEIR lawyer says it is. You're going to have to go to court and tell the judge it isn't. IF you're persuasive, and win, it wasn't legal. If you're not, it was. That's how precedent is set.

excon

ScottGem · Sep 19, 2009, 07:37 AM

My gut reaction is that if the SOL was expired on the other account this won't reactivate it. If they try to sue based on this I think a judge will disallow it.

Fr_Chuck · Sep 19, 2009, 07:50 AM

SOL only means they can not sue you in court. It does not mean they can't attempt to collect the money and it does not mean you don't owe them the money. If they have terms and conditions within their policies that allow for this, of course they may.