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Discussion in 'Credit Talk' started by LKH, Jul 1, 2001.
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This is great. Someone must know the answer to this question. 30 people have read this and not one response. If nobody knows the answer, does someone know where I can find a definition of oral and written agreements?
i dunno. my cabler sent me a 'terms of service'-type booklet when i moved in, but i neither read it nor know where it is.
my non-legal-professional *guess* would be that it became a written agreement once you submitted your first payment.
if you don't have that booklet handy, they will probably send you a copy.
Sorry LKH, I didnâ??t see your post in the main window until just now. Anyway, on to your questionâ?¦
There are two kinds of contracts, express and implied. Implied generally entails an oral agreement (or terms) of some kind, and express denotes some written form or condition â?expresslyâ? covering terms. This is a broad generalization, however, so please bear that in mind?
Upon installation of the cable service, if you signed an agreement that covered terms of service â?? in the course & scope of confirming installation. Then your debt status would be contractual, under written guidelines. If you signed no agreement covering terms, then your debt status would not be â??oralâ? per se but OPEN. With cable service one agrees to pay X-amount per month for an undetermined span of time, making it an OPEN classification for SOL purposes.
Truly, a more detailed answer to questions depends on additional facts. But perhaps you get the jest of what Iâ??m aiming at? If not let me know, along with more details, and Iâ??ll take another stab at it for ya.
I wonder the same thing. I have an electric utility bill from '98 that shows it is an unpaid chargeoff and that it is a 10 month installment loan. Surely this can't be legal, can it? Two of the three CRAs deleted, but Experian "claims" it was verified twice. I argued with an Experian Rep regarding a utility bill not being a 10 month installment loan, but I had no sucess. I have thought of asking for validatiion from the utility company, but I am concerned it may be reported back to the other two CRAs that deleted it. Decisions...decisions.
Yeah this is a strange one; 10-month installment provisions on a utility bill? Well, this may have been due to an error by collection systems, as in a faulty input of related data. But of course that is speculation on my part, yet within the realm of possibilities.
Presuming youâ??re dealing with the original creditor, not a collection agent. A validation demand wouldnâ??t apply unless your state has some provision that mirrors Fair Debt Collection Practices Act (FDCPA). The FDCPA is the Federal statute that expressly covers third-party debt collectors, not original creditors. In other words an original creditor has no obligation to respond to a FDCPA validation demand, unless a state specific edict (mirroring FDCPA) requires such.
Iâ??ll do some checking into this for you later, using some reference materials. If I find anything that may help you further Iâ??ll post again, specifically to your attention. Nonetheless, yours is an odd situation.
I think it depends on the cable company. My current company did not have me sign a written contract. However, the previous company did have me sign a written contract at the time of installation.
There may be one instance where a utility bill is considered an installment loan. Are you (or were you) on a plan where you paid a fixed amount each month based on the previous year's power usage for your address? I know that when I was in Las Vegas, Nevada Power had that option. It was considered an installment loan because the amount was fixed. In summer months, the installment amount did not cover the entire bill, but in winter months (no AC) you made up the difference because the installment amount was larger than the bill.
Thanks, Anthony. I live in Texas. I would think that since Experian "verifies" the debt, then the only recourse would be to ask the utility company to "validate" the debt. But if FDCPA doesn't apply......bah...
No, I never paid fixed amounts. I called TXU to turn the service on...no signing anything (that I remember). I moved to a different town and basically never got a bill forwarded to me (my fault I know).
I still find it suspect how Experian was the only CRA to verify the debt.....hmmm.
Wouldn't contract law apply even if FDCPA didn't?
Mike B - This could be an installment. I got behind on my utility bill and they wanted the balance due to continue service. I couldn't pay the whole amount so they had me sign an agreement to pay a certain amount every two weeks until the past due was paid up. Meanwhile they continued the service. I think this is quite common, particularly in the the winter, and if you have electric heat.
Ahhh, Texas, cool state when one gets to know itâ?¦ Anyway, check out the Texas Debt Collection Act and see if anything pertains to your situation: http://www.capitol.state.tx.us/cgi-...=124003&CQ_CUR_DOCUMENT=1&CQ_TLO_DOC_TEXT=YES