UCC SOL / Not mine dilemma

[LeslieR]

A CA is attempting to collect a 1500. telephone bill from me that is not mine. They provided copies of bills from the OC but they are NOT mine.

I have been working with the AG in the collector's state who wants me to send proof of my address in early 03. I just plain don't think I have such proof.

BUT is this bill not out of SOL anyway? UCC mandates a 4 year SOL for utilities like landline phone bills, and these bills are from late 02 and early 03.

Is using the SOL defense an admission that these bills are mine? It would be a lot easier than trying to prove my residence at that time. I lost a lot of papers in a flooded basement, so don't even have my old income tax returns dating back before 04.

[LadynRed]

I have been working with the AG in the collector's state who wants me to send proof of my address in early 03. I just plain don't think I have such proof.

Is the address on your yearly tax return and do you have your 2003 return ?? You can get copies of your old tax returns from the IRS.

What about getting a copy of a bill from the phone company you DID have an account with at that time in 2003 ? Or a utility bill.. anything ?

Yes, the bills are beyond the SOL, UCC and California Civil law. Attempting to collect on an out-of-statute debt in CA is a violation of the Rosenthal Act.

[LeslieR]

Thanks for the suggestions on getting proof of residence at that time! I knew there had to be a way, but I was kind of blanking on resourcefulness. Thanks!

I think I will use SOL as a FOAD argument, and then get to work on proving my address so that AG can get to work on influencing the CA delete. All the FOAD will do is get them to stop calling -- they'll continue to report.

Does this sound like a plan??

[LeslieR]

Any comments? I do know they can continue to report.

I am writing in reference to an account that you are reporting to the three major credit bureaus in my name. The original creditor was xxx in the amount of $xxx.

Although this account is NOT MINE, it is beyond the four year statute of limitations set forth by the Uniform Commercial Code for utilities (date of last activity, February, 2003). Attempting to collect on a time-barred debt is in violation of the Rosenthal Act. I am sure that, in view of your status as a California corporation, you are well-versed in this law.

Therefore, I am requesting that you CEASE and DESIST with your collection efforts on this account—including, but not limited to, phone calls to my home, cell phone, or place of employment, letters, and reports to the credit reporting agencies. The account is NOT MINE and you have no legal authority to collect on this account, which is beyond the legal statute of limitations. Furthermore, you may not sell or assign this debt.

Please give this matter your immediate attention.

[LeslieR]

You say that the debt is not yours. Is it mistaken ID, ID theft? Have you contacted the OC? Have you disputed with CRA's?

I believe it could be ID theft. A former roommate opened some utilities in my name, but they were in a different city than this account -- which is why I am a bit unsure of where this came from. The copies of bills they sent me appear to be real.

The problem with the OC is that it apparently no longer exists. I found out that a a different phone company bought them and the new company has no record of this account. I spent close to three hours with several different people at the new phone company with no results. Basically, they tried to research the account and couldn't come u p with anything, but say they really aren't responsible for any account their predecessor may have sold off.