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SOL for Phone Bill?


YankeeHalo
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Hello all,

I just received a coll. ltr from CA - Afni, Inc. (located in IL) for a phone bill which I know is over 4 years old. I have not heard from the OC - Verizon, since I don't know when. The ltr states "This account has been acquired ..." Does this mean that they purchased the debt? The OC has never reported to any of the CRAs. I am sending a DV (the one under debt validation heading). If CA validates, would a phone bill fall under a written contract? In VA the SOL is 6 years. If the SOL has passed, do I still need to pay/settle with CA? I honestly don't know how old this debt is.

As before, thank you for all advice and suggestions!:confused:

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The Statute of Limitations is as follows in Virginia:

3 years Oral contract

5 years Written Contract

6 years Promissory Note

3 years Open Contract

AFNI purchased your bad debt for most likely pennies on the dollar. They won't verify your debt they'll either send you some gobbelty gook which means absolutely nothing to you or they will not send anything at all, as they don't have to send you anything. The only thing they MUST do is stop all collection efforts and report to the CRA's that the debt is disputed.

I'd DV them immediately sending it CMRRR.

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Thanks for the reply. I'll be sending out the DV tomorrow, and playing the waiting game. Do you know if Afni are licensed to collect in VA? Does a phone bill fall under the written contract? If I don't hear from them w/in the 30 days, should I send a 2nd DV? I'm still learning the ropes and have a lot of questions.

Thanks again.:)

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If no one here knows the answer to your question regarding which type of contract a phone bill falls under in Virginia- you may just want to call your AG's office. I know you want to be sure of the SOL.

It varies by state. For instance, in MS- I was told by my AG's office - all utilities fall under "open" contracts. However, I've seen some other's post here that utilities fall under "UCC" (goods and services) contracts in other states.

As far as sending a 2nd DV- definately do so, if they don't respond.

As far as Afni being licensed- I'm guessing qtptute knows the answer or at least knows where you can find out. However, you can include that in your DV- make them prove to you- that they are licensed- but don't just take their word for it, if they send you proof- check it out to make sure it's legit

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I received a letter from the same company yesterday for a Phone bill from when I lived in PA. in the beginning of 1997. So this bill is roughly 10 yrs old. I did see the letter that should send them, any other suggestions as to what I should do? Again this is currently not on any of 3 CRA's.

Thanks for any suggestions you may have.

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Phone bills, like cable bills, are open revolving accounts, but ONLY if you are more than 30 days behind. Why more than 30 days? Because the phone companies seem to conveniently forget that they make you pay for your unmetered service in advance. Remember that your first bill included used time plus one month?

The fact is that unless you are more than 30 days behind, the phone company owes YOU money, not the other way around. Same goes for unmetered cell service and cable/sattelite TV bills. A company is only a creditor if they give you something on credit. Since they require payment in advance, they are not creditors unless you have fallen behind by more than one month (or have metered service) and they keep your service going "on credit."

Funny how big companies "forget" that detail every time.

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Thanks to everyone. I'm learning so much so fast, sometimes it is too much to process, but I'm plugging away. After reading the CA license requirements on the site, VA does not require CAs to have a license or bond. So I guess anyone can come at me from anywhere!

I did dispute a few items on my CR so far. One was definitely deleted, and two items have been removed from one CRA, but I have received no confirmation from them yet that they are definitely removed.

I got a letter in the mail today from OC on one charge-off that I disputed as "not mine" to the CRA hoping the time would play a role, that asked me to fill out an Identity Theft questionairre. I'm not going to fill it out, but DV the OC instead. Am I on the right path?:?

Thanks to all the friedly and wise sages who provide assistance!:notworthy::)

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Thanks. So should I not answer the Id Theft questionnaire and just contact the OC. The acct is showing on the 3 CRAs as a charge-off with a balance. I believe the SOL has passed, but it could remain on the CRs for 3 1/2 - 4 years. Should I contact the OC and offer to pay the balance in full for deletion? I am able to do this financially at this time. Other alternatives?

Thanks again.

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I received the same letter last January for a bill that is over 6 years old as well. After reading the information on this site, I DV'd them on Jan 24, and they sent me a response with a photocopy of sorts of an old Verizon bill to "confirm" the debt as valid.

yesterday I received another letter from them saying:

"We have received your dispute but we are unable to investigate at this time. You ahve provided insufficient information to substantiate your claim. We will complete our investigation within 30 days of receipt of the following information:

- the specific amount of your dispute

-An expanation of the basis of your dispute.

-All supporting documentation to substantiate your claim. Examples may include but is not limited to, photocopy of your driver's license, the identification page of your passport, proof of residency at time of service, recipts, etc.

-A valid phone number to contact you."

Now why on earth would I provide them with any informatin?

Anyway, I'm trying to come up with the C&D letter based on the fact that it is a time-bared debt, (last activity on Verizon was 1999 and I'm in CA, although the "proof" they sent me indicated no date on the invoice at all) and found the sample letter on this site.

Question: Do I state that it is a time-barred debt and that they must C&D collection attempts immediately?

Naia

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