creonxxx

Members
  • Content Count

    85
  • Joined

  • Last visited

Community Reputation

10 Good

About creonxxx

  • Rank
    CIC Member

Profile Fields

  • Location
    California
  1. I know. I really was surprised the account holders name wasn't an issue. I'm sure the history of payments played into that and me actually contacting them explaining the situation instead of it first landing in collections and then back peddling. This site gives great advice. It's gotten me through every concern when it comes to finances. Thanks again!!
  2. Wanted to add an update so that if anyone is ever facing something similar here's what to expect. Keep in mind I'd been paying the bill for the last year and a half. Everyone with great advice above was correct. There was no issue about never changing the account name. They complied with the request to shut if off. They are sending me boxes to send back the equipment and I've faxed the death certificate. The bill switch's to my name for anything over due. They said they understood the whole situation. Huge load off my mind.
  3. I'm going to cancel there's no question. It's the admission she's deceased for over a year and a half that has me worried. i'd be stunned to see law enforcement standing at my door with a warrant for fraud.
  4. The electric and gas are in my name. Cable was the only thing left in her name. There was no doubt they were going to ask for a deposit and at that point I'd just paid a few thousand for funeral and burial and an additional bill in her name. The idea of paying even a few hundred for a down payment on cable when I could just continue service without the extra added bill of a deposit worked. This sounds childish but it was a selfish thought in thinking I didn't want to give up cable. I'd be the first to admit it was all a stupid mistake considering how it turned out but back then I didn't think I wouldn't ever be able to pay it. Unemployment came out of nowhere. I think in regard to fraud they'd have to prove intent and I'm guessing a year and a half paying almost 200 a month on time doesn't exactly look like my intentions for keeping her name on it were to create fraud. I've carried the bill. they make it impossible to quickly fix the problem when you no longer can carry the bill.
  5. and the next thing would be they'd accuse me of fraud for letting it go delinquent for the two months. Grrrr this is driving me up the wall trying to decide how to handle it. All i could say is look at the history of the account and who's been paying it for the last year and half. It doesn't exactly reflect fraud. And it is impossible to discuss anything about the account with them unless you are the account holder. If i had just once ever said she's dead they may have cut it off. Charged me a new deposit. I figured I'm paying it so forget all that. Currently though it now looks deceptive. Not sure if Comcast focuses on that but focuses on just getting the bill paid. Being charged with fraud in this case would be odd as hell.
  6. Thanks for the reply. I'm toying with that but when you try to cancel they ask for the account holder to verify it. So my other option was letting it run itself out and then it just gets shut off. Bills come I pay or I don't. Would that be ok? I was hoping they'd shut if off after only a month but now it's two. I don't want it to climb any higher. The whole being called a fraud thing though doesn't seem to apply. I paid the thing for over a year and a half.
  7. yes and also power of attorney. No probate needed to be filed. My intent was not to deceive for the cable. I simply paid the bill and figured whether in my name or hers the cost was the same and we were both living at the same address when the account was opened. I know they could suggest I was using her name for the service but the bill was paid in my name for a year and half after her death. It's just these last two months that are delinquent and I need to shut if off and the first thing they are going to state is the account holder has to shut if off. I'll have to produce the death certificate and then they will see how long she has been deceased. With the two months delinquency they will say.... FRAUD! But as I said I'm asking for the bill to be placed in my name and to terminate further use. I didn't steal her identity to get the service. I paid for it until recently. I'm admitting I was the user. Am I going to be arrested for this? Edit to add... There was a legit reason why I couldn't simply get this turned off and put in my name a year and a half ago. The cost could have been way to high for me. I rationalized I'm paying for it but at least without some crazy down payment. As time went on and the cost increased for new fee's and I still paid it I kept thinking I'd love to be able to get a cheaper package but I'm stuck now because I never contacted them about her death. so I just paid and paid and paid. When I lost my job I just couldn't pay it and again the thought of contacting them quickly would potentially lead to being called a fraud. It's just a stupid situation and when I'm reading all this stuff about it could be called fraud I'm thinking I sorta was pushed into this by trying to avoid a much higher price and then proceeded to actually lose money for the next 1 1/2 years as the cost of the original package increased. I'm not a very good fraudster because I have lost money myself in all of this wanting to shut it off earlier and get a cheaper package. Not sure how to deal with them other than pulling a white lie and saying I contacted them a month ago and they never turned it off but I'm not good with that type of stuff.
  8. It's been a while since I've posted. I have an issue I need some direction on pretty quick. For the last year and a half I have paid the cable bill in my deceased mothers name. Same residence. This is my home. I've paid it using my debit card from my checking. I felt no need to change the name because when I called over a year ago wondering if there would be any disconnect charges to change the account name they said possibly a deposit. I gave no account number or name and presented it as just wanting to know. So I just kept the cable in her name and paid. However, the last two months I haven't. I thought I could catch up this month but can't. I am now wondering about what they are going to accuse me of. I've milked this for two months thinking I could pay but can't and it needs to be shut off. I don't want to dodge this bill and am more than willing to say she has been deceased, I've been paying, you've taken the payments in my name and I'm the one responsible for using it BUT is there a chance even though I do the right thing I will still be accused of fraud? If this went to collections i'd stand in court and say ... yes it's my bill. I paid it for over a year and a half and told them put the overdue bill in my name and I'll be responsible for it or is it too late? Please help. I got laid off a month ago. Just now collecting unemployment and bills are so close to collecting up on me I'm about ready to file for Bankruptcy but if I do I'm not going to include this cable bill and I'll try to pay it when I can but I'm so afraid i've created a nightmare with it by not having it put in my name a year ago. Opinions?
  9. Thanks for all the great information and advice on how to deal with this. Sending the rope by certified letter in the morning. I'll let you know if there are any hiccups. Whocares, that is some great information about that whole choice of law provision. You pretty much answered my concern in that area.
  10. I was planning on a much simpler response. NO! And request valid proof of debt. Puts the ball in their court to show any proof period and to lay the foundation for how old they say the debt really is. I like to allow the liars to clearly lie The choice of law issue is a head scratcher for me considering I'm a life time resident of California while the card was issued from another state ( SD) and billing for the card was processed in another ( IA) . I'd imagine if the court allowed choice of law it would be california but if not they'd go by card issuing state which in this case would also be past the SOL Over all I'm still leaning on california SOL with this. I can remember the last time I got a call about this card was in 2011 from a C.A. in Florida. When I pointed out how old it was I never heard from them again.
  11. Hey guys it's been a while since I've posted here. The information here is invaluable. I'm one of those lucky consumers that continues to face harassment over very old debt. I've applied all the suggestions here with success. From November 2012 to this week I've had no calls, hard inquirys, or letters. I didn't even get that threatened 1099-C from Dynamic Recovery Solution However, this afternoon after a calm from all that storm in 2012 I get a letter from Oxford Law LLC. I've already done my basic google runs to see who I'm dealing with. Another bottom feeder for a bottom feeder. In this case their client they are collecting for is ESM Enterprises. The original Creditor is Shell for a total of a little over 700.00. The letter reads " This is a demand for full payment because you have had ample time to pay your debt." Next it babbles on about making arrangements for payment then concludes by saying , "At this time, no attorney with this firm has personally reviewed the particular circumstances of your account" The bold lettering comes next with the standard request for validation of debt on my part within 30 days etc... Facts about me and this debt. I am in the state of California. No payment has been made on this debt since it entered collections. At the time of entering collections the amount was slightly over 450.00. I have in a safety deposit box the card as well as the first letter from a collection agency in regard to this account. The last payment was in July of 2003. I also saved two bills from Shell processing center requesting payment with late fee's applied for the months of Aug and Sept 2003 prior to the account going to collections. First collections letter is dated in October 2003. There are 6 months of additional collections bills after this which have also been saved. . At the time I may have hit a huge rough patch financially but before going into credit card collections I organized all my credit cards so I'd have an account reference number, the actual amount at the time it went to collections and a date when payment stopped should i ever be taken to court. This has served me well. 10 years ago I never dreamed it would all still be haunting me. I was never taken to court for this or any past due credit card debt in the last 10 years although for some stupid reason the last year I've been hounded and threatened more than any other time. Questions: Can this company or the client they are working for take legal action successfully using the original processing centers state which would be Iowa? The card itself was issued by Citibank located in South Dakota which wouldn't concern me as their SOL is 6 years. Iowa's SOL on the other hand is 10 years. I'd be puzzled by that but I want to make sure. In the worst case situation if they could win this adopting the processing centers state I'm real close to that 10 years with this card. Notes about this collection agency.. 1. The name oxford LAW doesn't scare me. 2. The bold demand bounces of me like teflon. 3. I do know my rights My only concern is which SOL applies for this card.
  12. I've also had very quick positive results when I've went through the BBB. I had zero success when contacting each credit bureau other than creating a paper trail for myself.
  13. My experience with this dirtball company taught me a lot when it comes to the 1099c threat. It would have been great to get them recorded or to even bait them into a corner about the threat but the way it was presented to me the caller quickly tossed the threat out there and then she slammed the phone down. I don't know who talks these callers into pulling this knowing it's illegal. You'd think the person making the call would at least ask if it's legal to say that but then again At this point if you haven't gotten the 1099c threat as of yet just make a note about this company being one of them that will add that little gem in all their nonsense so you can get it recorded.
  14. First off, you give great advice! As for the old debt they are calling about it's mine. When initially filing with Estate Recovery after my mothers death to officially notify them of her death as her heir I was required to give them my SS number so I'm guessing that began the string of searching to see what they could find about me. The credit check by the loan company was crazy seeing as how I'd never applied for a loan but as I said when I contacted the company they disappeared off the list.
  15. Exactly. I knew it was far from absolute but as you said earlier I was willing to take the risk to see if I'd get the result I wanted. Although they made sure they admitted to no wrong doing they did place the responsibility on an unnamed source who they say made an innocent error in the accounts report status. That last part leans towards my interpretation of what is considered pp. It would be interesting to see it in court where collections states they have a right to damage a debtors credit rating for the entirety of the debt regardless of age if they so desire even if the debt is no longer being reported.