bara Posted August 8, 2003 Report Share Posted August 8, 2003 hi, when demanding from collectors a signature/contract from an open ended account like utility or private phone service, i know they will have no such thing but since i never signed anything with utility or phone service companies(RCN SUCKS), my question is, do utility/phone have an "or its assigns" clause and if i succeed in removing collections from my CR, can utility/phone companies neg remarks then go on my report? My problem is alleged closing bills. They claim i owe closing bills after i moved, when i don't. the amounts are tiny but i refuse to pay when its their mistake and i have suffered by having 2 collectionsc on my report. I disputed them twice and they weren't changed,but only recently learned i can sue them.thank you. Link to comment Share on other sites More sharing options...
jam Posted August 9, 2003 Report Share Posted August 9, 2003 Every letter that I type out now has the TAR clause to use the successors and assigns to my benefit now."Notice to agent is notice to principal. Notice to principal is notice to agent. Applies to ALL successors and assigns."Then anything that is on that letter is permanately tarred to the account which the communication was regarding.With a standard validation there is nothing stopping the OC from recalling the account (yes, it is fraud under the FDCPA to imply that the transfer or sale of the account causes the consumer to forfeit their rights under the FDCPA, but they still do it.)However, if the validation is tarred to the account, that validation has to go back to the OC, and to anyone who ever touches the account for life, if another CA touches it, and starts collection activities before they provide the validation requested, you have them on a violation.I just wish I would have known about that clause before I read about it on here...Now if the CA is the one who is listing the account, and the account is closed, they are supposed to delete their reporting to the CRAs, but a lot of them don't.If the OC is the one who is listing the account, then their listing could remain. Link to comment Share on other sites More sharing options...
bara Posted August 10, 2003 Author Report Share Posted August 10, 2003 does anyone know if con ed has an 'or its assigns' clause in small print anywhere? i have no more invoices since moving. i just wondered if i have to settle out the debt, if the CA has any right to list it.thanks. Link to comment Share on other sites More sharing options...
Recommended Posts