Wow... I've never actually gotten a signed contract back from a CA before. Here's what I got, what shoudl I do next? The CA (for an old cell phone debt) sent me a copy of the last 8 or so bills, plus a copy of a signed contract for the phone. The contract though, was for adding 1 phone to an existing account that already had 3 phones. Does this help, since it doesn't show I agreed to all 4 phones? Or since I was adding to an existing acccount, does this show I admitted to already being responsible for the first 3? This is one debt I refuse to pay because one of the 4 phones was given to a friend of a friend, the person refused to give it back,ran up $400+ monthly bills, and when I called the cellco to turn the phone off, they wouldn't do it because there was a past due balance on the account. So, because they refused to turn off the phones, I refuse to pay for anything further on the account. The bills they sent show charges up to as recently as early this year, though the last actual service charges were in march of '02, everything since is just late fees and ETF on the cell phones. Would SOL be from the date of the last actual service on the phones, or from the last date they added late fees etc? What would SOL on something like this be? the service was started in nebraska, I live in IL now, if that helps. They've added so much now they claim the debt is up to about 6,000, up from about 3,000 last i knew. Also, this was originally with a different CA, who never responded to my validation requests. When I sent the letter to this company telling them it had already been disputed, this packet of info was the response I got, along with a letter asking for payment. Gai-jin
The phone co's contract was with you, not your friend's friend, therefore you are responsible for the debts on these phones. You should have paid the phone bill and pursued your case against the friend in civil court. SOL for reporting purposes starts from the date that your account first was delinquent, and was never brought up to date again. Looks like the second CA is more serious about collecting than the first one you dealt with
To me, They've only proved what they've provided. So they've proved that the one phone, and one phone number was yours. How do we know that the other 3 phones were yours, and that the charges for those 3 phones were accurate. Were the billing statements provided, from the last time that the account had a ZERO balance? If not, they haven't provided documentation to substantiate the entire amount of the amount that they are claiming, that it is complete, and accurate, and without unauthorized charges. Them providing you with the contract is a good thing though... It at least gives you something that you can pick over every piece of documentation that they've provided to find out whether the charges being accessed were complete, and accurate.
Re: Re: CA sent me a signed contract! 1-- No dispute there. I know the phone was under my name, but when they refused to shut it off, I refused to accept further responsibility. I know there's no legal footing, but it's the principal, I won't pay for their stupidity. 2-- What about SOL for collection purposes? I want to know how long before they can't sue me over this. Gai-jin
Re: Re: CA sent me a signed contract! Yes, after looking thru these again, the billing does go back to the last time the account was at a 0 balance. The contract is only for 1 phone, but the billing statements are for all 4.
Re: Re: Re: CA sent me a signed contract! Looks like it is 4 or 5 years for open contracts depending upon the state NE=4yrs, IL=5 yrs Which state's SOL will apply depends on a lot of things like what was agreed to in your contract, and by each state's laws regarding residents / non-residents, and SOL's
Re: Re: Re: CA sent me a signed contract! so 4-5 years... would that be from the first delinquent date, the date of the last late charge/interest they added, the date I last used the phones, or ??? Gai-jin
Re: Re: Re: CA sent me a signed contract! 1. Actually....I bet you will. Either through some penalty to your credit score, cash payments, lawyer fees, or some combo of the three. Do you have the receipts from the registered letter you sent them to shut down phone service immediately on the stolen phone? aiki
