Ucc Sol

[Amerikaner83]

Ok I was wondering if I could get some clarification on SOL as defined by UCC, and how it applies to my situation.

Background: I got a Best Buy CC in 2002, never made a payment (I was young and dumb). Debt got subsequently sold to Arrow who has been on and off harassing me (off lately).

I've read folks say SOL on store cards is always 4 years, no matter what. In looking up The UCC on WA's state Website (RCW 62A) I see no mention of SOL for store cards (WA refers to Store cards as "retail charge agreements"). However, I find a separate RCW that covers retail charge agreements, among other things (RCW 63.14). But here, too, there is no mention of SOL. There are some other great provisions...but nothing that I can see that points to a definitive SOL.

The whole reason I'm looking for this is that I just got 2 separate dunning letters from two different CAs (Yes I DV'ed of course - the next day, CMRRR) for this debt. I want to be able to just send Arrow (and any subsequent CA) a nice little FOAD letter, telling them I know it's SOL. But I want the proof to back it up. I would not put it past Arrow to try and sue me...after all I already have some FCRA / FDCPA Violations out of it.

I'd like to go on the offensive with them...as I've disputed with the OC (Best Buy) and awaiting their reply.

I suppose what I'm asking is this: Am I blind and did not see the SOL for this type of debt? And if I'm NOT blind, would the 6YR "written instrument" SOL clause be the effecting statute in the absense?

Thanks, and sorry about the length of the post / rambling on

A-83

[nascar]

I've read folks say SOL on store cards is always 4 years, no matter what.

IMO, you'll probably have to negotiate around this...

25 Wash. Prac., Contract Law And Practice § 16:23

In 1989 the Washington legislature amended the statute of limitations to add a provision governing accounts receivable “in the ordinary course of business.” Regardless of whether an account receivable is based on an oral contract (which would ordinarily be subject to the three-year statute of limitations described in the previous section) or a written contract, if it arises in the ordinary course of business, an action to enforce such an account receivable is governed by the six-year statute of limitations. An “account receivable” is “an amount due a business on account from a customer who has bought merchandise or received services.”

For purpose of six-year statute of limitations governing actions on accounts receivable, “account receivable” means “an amount due a business on account from a customer who has bought merchandise or received services.” Tingey v. Haisch, 159 Wash.2d 652 (2007).

[Amerikaner83]

shee-it

The only way I see to get around that is to argue that Best Buy's "ordinary course of business" is not CCs, therefore "account receivable" applies to other business that deal with BB, and not consumer charge cards.