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Everything posted by creonxxx

  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
  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 decep
  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
  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 mont
  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
  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
  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 o
  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
  16. The interpretation of PP was hard for me to figure out so I did take the risk and pointed out the account in question would not and could not be reported and since the idea of pp is based on the account and here comes that risk... since all three CRA's aren't reporting it just what are they sniffing around in there for? Contact info could be acquired through a soft run but in my case that wouldn't have been needed as I'm listed in the white pages.
  17. I'd love to see a rule on it as well because I could site none but only imply and hope they'd give me what I wanted which they did. My fine line was based on PP. If the account in question knowingly is not being reported on any credit report and cannot be reported how can one look up an account that won't exist? To make the choice to request a check that will slightly damage a current score vs making a request that won't then challenges the idea that FCRA was created to avoid a life time of negative repercussions for a debtor. Specifically in this case past 7 1/2 years.
  18. Thanks for the comments. This entire past year has been a test of survival and not allowing anyone to mess with me and what is mine. I honestly would not have known how to handle collections had it not been for finding these forums. I'm more than willing to go to Fed Court and fight. I'm not the scared consumer that sits in a corner and gives up. It's more scary doing nothing. Dealing with Estate Recovery was a huge lesson in how brutal all collectors are regardless of the entity they represent. Instinctively all communication was sent certified and yet they still claimed they never rec
  19. This place is awesome. Updated my first post to explain what has taken place.
  20. So then dealing with Estate Recovery was a trigger? I can't think of how each agency would know of a death without some master application passing the info along. The loan company on my credit report was odd as hell. When I contacted them and asked what that was all about they played stupid and the credit check disappeared. Estate Recovery is invasive. Although all the paperwork is suppose to focus on the deceased some how your net worth is a free little side game. I am sure they came up with what they felt was their own comparative market analysis of my home but probate law does not allo
  21. That as well. I know there is a growing list of collection agencies who have been ordered to include that after losing cases. I haven't checked all the details with LVNV but jesus that whole Sherman Group is like a little island of companies. I'll probably eventually hear from all of them.
  22. I've never sat back and played a victims role where I let someone step all over me. I've been very direct with each caller as to where I stand with all this nonsense. These forums were a God send to learn about all my rights and how to present them. I'm just amazed at how much of it has went on this past year. It's off the hook at times to where you expect to hear a knock at the door and some thug is standing there with a bat in one hand and gun in the other yelling... GIVE US MONEY for a debt you've had since the age 12 The funny thing about the assumption that someone gets a monetary bo
  23. My neighbors are pretty protective of me. They watched me go through hell and sincerely care. All I've said is that when I called the number it wasn't me they were looking for and did mention identity theft. I have told them if anyone calls like that again ask them to never call them again.
  24. Is there some national computer program that sends out an alert to search for old debt on certain consumers because this last year for me has been ridiculous. I'm trying to figure what triggered this flood of collection calls on all this old debt. I think I may know how this all happened. My sweet mom passed away in Dec 2011. I had to file with the California Estate Recovery because she received medi-cal. The process to get that account closed and be absolved from paying was intense. If you think dealing with low life junk debt buyers is tough try dealing with your state collection agen
  25. LOL you know the next line in their script is a HUGE discount I honestly don't even know why they bother with debt this old. I saw a recent news story on TV and a female collector was asked about collecting on Time-Barred debt. She said the company she worked for didn't pursue them. I had to laugh because you and I know that chances are what her company did was shove it in a portfolio and sell it to some rogue jdb so her faux respect for the consumer was a load.