Poppypitbull Posted May 2, 2005 Report Posted May 2, 2005 I've been fighting a gas bill in NJ for 6 years now. I rented a summer shore house in the summer of 1999 and paid a bill that fall that was supposed to be our "final" bill. 6 months later I received another final bill in the mail claiming that we owed them $314.00 for a summer worth of gas usage. They said this was an estimated bill based on the usage in the house over the 3 previous summers. Here in the tri state area the gas companies at one point were billing people based on estimations in a home as to what they thought was going to be used in the current year. They were then supposed to do an actual read either every 3, 6 or 12 months and sqaure up with either a credit or a new bill. I asked the gas company for an actual read when they told me the bill marked "final"was all I was going to receive. Well the gas company went away and I received a collection letter from an agency representing them. After fighting with them forever they caved and closed. 3 years went by in Sept of 2003 I got a letter saying that another company owned the debt and would be pursuing collections. I repeated the original complaint to this company and they closed it. Then this past January I got another letter this time from GFS and achieved the same result. They closed the file and said it was written off. Well today I get a letter from my credit card company telling me they were lowering my limit because of activity on my credit report. I pulled experian up and whoah and behold the gas bill is back and this time NCO has it.What in the hell do I have to do to get someone to make this go away? I offered to settle with someone at one point for GFS and they refused my offer so I told them I will never pay it. No one can produce a legit bill showing an actual read anywhere and I am not going to shell out $314 for something no one can prove I owe. Advice, anyone?Thanks
rommel Posted May 2, 2005 Report Posted May 2, 2005 yes, it does suck, and watch NCO closely, ya just have to keep disputing until it gets lost it seems
Poppypitbull Posted May 2, 2005 Author Report Posted May 2, 2005 I already started disputing it being on my report at all. This is getting out of hand now. 2 other people "closed" this only to have it picked up again. I am getting aggrivated.
breathing_easier Posted May 2, 2005 Report Posted May 2, 2005 This is a popular CA practice. Once they realize that the account is either uncollectible or bogus they simply sell it to another unsuspecting CA as a valid debt. They at least get some $$$ out of the account, even only enough to break even. You may eventually have to sue one of these CAs and as part of any settlement or judgment have wording included that says they are forever barred from selling this bogus debt.
Poppypitbull Posted May 3, 2005 Author Report Posted May 3, 2005 This is a popular CA practice. Once they realize that the account is either uncollectible or bogus they simply sell it to another unsuspecting CA as a valid debt. They at least get some $$$ out of the account, even only enough to break even. You may eventually have to sue one of these CAs and as part of any settlement or judgment have wording included that says they are forever barred from selling this bogus debt.can they keep doing this forever until I do something like you've stated above? What can I do with the latest agency to tell them "hey enough is enough"no one is capable of giving me a real read on the gas usage in the house from ages ago. If someone was able to give me one that shows an actual usuage for the summer I pay for it.
breathing_easier Posted May 3, 2005 Report Posted May 3, 2005 I think your only other hope of putting an end to the vicious cycle of selling and buying this debt by the JDB/CAs is to go back to the OC (gas company) and request that they provide you with something in writing that states that the final bill that you paid was, indeed, the final bill and nothing else is owed. Were all of your discussions on the phone and not in writing when the gas company stated that the final bill you received would be the final amount and that there would be no exact read of the meter? The gas company sold this debt and so it sounds as if there was a disconnect between what you thought they were saying and what they thought they were saying. Given the amount of time that has elapsed since the final bill, I would imagine that the gas company no longer has the records, but it's worth a try.
Revco Posted May 3, 2005 Report Posted May 3, 2005 I think everyone here has great info...the debt, even if it were valid, is likely outside the SOL. I would add that if they contact you, request their mailing address right away and tell them to never call again (add explatives as desired). Hang up. Send a cease and desist letter. If they contact you again, send an ITS. Repeat as necessary.In fact, if the CA contacts you after the C&D, one could make a profitable little business taking CA's to court.
breathing_easier Posted May 3, 2005 Report Posted May 3, 2005 I think everyone here has great info...the debt, even if it were valid, is likely outside the SOL.Need to find out what the SOL is first, though, before sending a total C&D (no phone or written contract) or it could prompt a suit. What type of contract is a utility bill? Doesn't seem to fit cleanly into any of the four different types.
Guest Posted May 3, 2005 Report Posted May 3, 2005 email the president of the company with a full validation letter with a partial C&D..Tell them that you WILL take legal action if it is not gone within 30 days and that you have suffered actual damages.I did this and got a letter HAND SIGNED by this guy telling me they closed the account and returned it to the OC.[email protected]
Xanathos Posted May 3, 2005 Report Posted May 3, 2005 There's only one way to ensure a collection doesn't get passed on to "the next guy" over and over again:Sue whoever has it now. In their settlement agreement, they'll state the account is to be closed and archived so that it will not transfer to another entity.If it's NCO...and they put a tradeline on your report without ever dunning you for it...dispute the debt, wait for em to validate, and then sue em. They fold pretty easily.If it's someone else now...well, that's just their bad luck. There comes a point where somebody has to be in the wrong place at the right time...sorta like hot potato.
LadynRed Posted May 3, 2005 Report Posted May 3, 2005 SOL in NJ is 6 years. Utilities, however, fall under the UCC SOL of 4 years for 'goods and services'. Either way, the thing is likely at or near the expiration of the longer SOL and you can tell them to get lost once you're sure it is. I wouldn't pay it w/o a bill with a VALID meter reading either !
Corrine Posted May 3, 2005 Report Posted May 3, 2005 Utilities, however, fall under the UCC SOL of 4 years for 'goods and services'.What is UCC and does it conflict with individual state SOL's?
KentWA Posted May 4, 2005 Report Posted May 4, 2005 UCC is state statute that sets things like SOL and what is required for a contract, etc. UCC = Uniform COmmercial Code.
Poppypitbull Posted May 4, 2005 Author Report Posted May 4, 2005 Hi everyone thanks for all the replies!!!The bill is from 1999 so I would assume this is well beyond the SOL.The original gas company never even contacted me (to the best of my memory) they just kept sending the bills to the landlord who owned the shore rental and he never sent me anything.Could I go back to GFS and have them give it to me in writting that this is closed and then give it to these new clowns?
Poppypitbull Posted May 30, 2005 Author Report Posted May 30, 2005 What is it that I can do to get these people to contact me? I sent them 3 e-mails asking for a clarification on what it is I am in collections for (even though I know what it is) and they will not return any e-mails.I don't have an account # because I haven't been given a letter.
codename_fortyseven Posted May 30, 2005 Report Posted May 30, 2005 send them a letter CMRRR regarding the account, note your dispute, and dispute it with the CRA's. When it is verified, sue them. Suing is the only way to get them to back down.
breathing_easier Posted June 3, 2005 Report Posted June 3, 2005 What is the cmrrr???Certified Mail, Return Receipt Requested.What's been going on with this account since you first posted about it a month ago? While I don't advocate suing right out of the gate, this has been going on for six long years and the account has been sold numerous times with no proof that the debt is valid. Definitely time for an intent to sue (ITS) letter and if they don't agree in writing to cease collection activity and to never sell this account to another JDB, then it's time to sue. NJ SOL is six years on all accounts, but not sure (?) if that's where you live. You say the last time you paid on the account was in the fall of 1999 so the SOL should be up the fall of this year. Of course, the CA that the SOL began to toll when the gas company sent the bill the following year, or even later. Do you have a record of your payment? If the account has been sold numerous times it means none of the previous CAs were able to validate. Remind me...you have sent debt validation (DV) letters to each of the CAs? If not, then do that today to the current CA. Give them 30 days at the most to validate and then send your ITS letter with a very short response time. You have to get proactive and assertive about this account or they will just keep dunning you, not validating, selling it to the next JDB, and trashing your credit while they're at it.
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