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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 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.
  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 received certain information. I was so organized when I finally got to a lawyer she was amazed at how much detail I'd applied as most have no clue what they are doing. I didn't really know what I was doing entirely but certain area's I knew it was best to create a paper trail "just in case" Their game plan was to push me past the appeals date by dragging out requests for information that had either already been filed or was of no use in evaluation. They refused written requests to send waiver applications so I submitted a detailed waivers I found on line and had those notarized. It was a game of cat an mouse. My lawyer explained something to me that will stick with me forever about collection agents.... She said, they aren't the law. They don't know the law and have zero regard for the law. They could have been hired a week prior after working as a checker at Walmart. Their goal is always the same. GET MONEY. and if you feel somethings not right then chances are it's not.
  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 allow them to present that finding as fact. Whatever licensed realtor I hire to give an estimate is what is accepted as the CMA.
  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 boost after a loved ones death is comical to me personally. I actually inherited a boat load of additional debt and some of it was a bit of a surprise but I was able to take care of all that. No windfall of money though.
  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 agency that stops at nothing to get even a penny out of you. You talk about ruthless and deceptive they define it. It took months of nonsense before I finally acquired a lawyer who specializes in Elder Law and Estate Recovery and within a week the account was closed but not without one very mad collection agent voicing her opinion. Yes I can say I beat the state of California but the process was pretty brutal and can only imagine what an elderly person goes through with all of that mess. During this period I noticed two odd things. 1. Suddenly folks like midland and portfolio started calling every other day about old debt. In the worst case situation Portfolio actually called me on Mothers day 2. Credit reports were showing mysterious loan company's running credit checks on me. I never had applied for any loan. I never associated this to what was going on with the State at the time. Keep in mind I had just watched my mother rot away from cancer for 9 months and suddenly I was thrust into the idea that if every debt collector gets what they are hounding me for I would be on the streets. Every debt is so far past the SOL it didn't make since why all of a sudden they'd try this hounding routine so my thought was be careful and make sure they don't try to get a default judgement by not serving me properly. I have lived in constant fear this year I'd be wiped clean by some nasty debt collector pulling some illegal move on me. This year every old debt has resurfaced. 9 and 10 year old debt. This includes a 10 year old debt for 250 dollars that not once in the past 10 years of delinquency was there any call for collections. I always referred to that debt as the little hang nail as it seemed to never get much collection action. This year? At least 5 calls about it and 2 collection agencies tossing it around. This year I've had to send out so far 8 C&D letters. I've had more threats and violations than ever. I honestly didn't know my rights were being violated until I found this place one evening. Calls from different agencies all the time. Neighbors have been called twice now from two companies acting as if there is some serious legal issue I need to deal with promptly and because my neighbors sincerely care about me they worry what it all means. Not once in 10 years did any neighbor get calls for me in regard to a debt. Not to mention I've had the same landline listed in the white pages. My last name is very unique. In fact I'm the only person in America with my first and last name. My last names ethnic origin is Slovak. I feel like this huge victim of a cruel routine that someone has played on me. When I explain to someone what I've went through with all this collection mess this past year every one says it's not normal to have every single old debt this old being brought back up all at once and I'm told get a lawyer as California has laws that could end this. My phone rings off the hook in the evenings with dead calls for two days then a collector starts responding two days later and it's another new company to deal with. It's always the same. I request first date of delinquency. They verbalize the date of delinquency realizing it's way past the SOL and get that I'm aware of all my rights. I C&D and it moves on. I'm sick of it. They run checks on my credit reports. All but one has made them soft runs but whats the point? Each time they sell it you'd think contact info is included in the portfolio. What I'd like to know is if there is a way to specifically target a consumer for harassment on old debt and pass it along for no other purpose than to harass them? This has never made me want to pay them. Instead I'd like to take a phone and cram it down their throat. I'm not going to change my phone number. What I want is to find the person or company who may have done this to me to start all this harassment. Anyone else feel like they have been targeted to simply just pester and pester about old debt?
  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.