heres some shock therapy .. just received my monthly utility bill, and out of nowhere there is an outstanding balance showing due. I called the utility company and asked what this was about they claim it was for an overdue bill from a previous service address ( like 4 years old) ? the rep then proceeded to instruct me that I would need to make payment arrangments immediately or my current service would be disconnected. turns out this bill was in a former roomates name who failed to pay and the utility company is trying to hold me liable saying that I benefited from the service. after much argument and having to Prove to the utility company that I was not living at that address during the time the bill was created they finally removed the added charges from my current account. however my credit report reflects 2 soft inquiries during this time. can they be held liable for non PP ?
Re: Re: liable for another persons debt ? Don't let them get by with that. The pull was on something else.
Re: Re: liable for another persons debt ? thats what I was thinking since it wasn't about establishing service , I was already a customer for years . in addition when I first established service I was required to pay a small deposit I guess thats normal practice here no matter who you are, my bills have always been current. and both pulls were done only during that time.
Re: Re: liable for another persons debt ? Technically you are probably right, but if it went to court, they could argue they had a right to pull based on your current account. Since each month there is an amount due, there is an "extension of credit". In addition, one of the issues was the continuation of service of your current account, and your ability and likelyhood to pay it, so they can claim they did an "account review", which is consistent with their soft inquiries. I would be more concerned that the resolution of this dipute, that the earlier billing was NOT owed by you, is put in writing by them, in case the account bounces around various CAs and bottom feeders who try collect from you again. You want enough paper trail that if this happens, they clearly had no PP, regardless of whether the utility is then willing to cooperate with you, or can even find old records. Messed up account records have a tendancy to get messed up again, even when fixed. It speeds up corrections when you have a letter from the admitted non-creditor, whether you are dealing again with the utility, or some CA. They can no longer assume you owe, it raises the possibility of liability, and it would take them work to try to show otherwise.
Re: Re: liable for another persons debt ? ontrack, yes this same issue did occur 2 years previously and was settled then came back to haunt me again, no Ca has ever been involved only the utility company. I now have a letter from the utility company apologizing for the error BTW this date was the same date my credit report was pulled for a second time. I do have a feeling they will attempt again in the future hoping I didn't keep records. which I always do otherwise they may have gotten away with it. it still bothers me that they pulled my report, they had no need for account review when all payments were made on time its not like a credit card that would offer different terms . what do you think I should do in this case pursue it or let it go?
Re: Re: liable for another persons debt ? Extract an apology/correction letter each time they mess up, in case they mess up when it really matters. If you need to show they were incompetent, or negligent, you will be able to. Keep track of names of those you have talked to and when, and who has sent letters or agreed to correct it. If it comes up again, in your letter be sure to reference their prior agreement to fix it, including the names of the people who said they would, and attach copies of their own letters apologizing. Include in your next letter, if it is needed, that their erroneous collection attempts have already occurred twice previously, and they should see that it does not happen again. To avoid looking like fools to their own management, they will then need to respond quickly and politely. If they later sell the "account", and a CA comes after you in the usual damage first ask questions later fashion, you might then sue them both. I'm assuming you are dealing with a monopoly utility, and will have to continue to do business with them. Give them their shred of respectability for a soft pull, but no more.
Re: Re: liable for another persons debt ? Chances are the 'old' account is on the verge of being 'sold' to a CA, and the OC putting your name on the account twice, may have tainted the account so that when the CA gets it, they will buy it thinking that the account really *IS* YOURS. The written admission that it isn't is your golden ticket for if and when that happens. Chances are it'll be sooner rather than later, most likely at or close to your states SOL expiration. You do have two things going in your corner if, and when that happens. #1) the fact that this is 'your' debt is disputed, so you can use Flying's "Beating CA's at their own game" tactic with any CA who would come along, later misidentifying you as the debtor for the alleged account. #2) you have a written confession that this is in fact not your account to back-up your misidentification arguement, if the OC would provide the CA with validation that this is your debt.
Re: Re: liable for another persons debt ? this is what my letter stated it was on the utility company's letterhead and was signed by their rep. Dear Fun; thank you for your inquiry on the above referenced account, which was transferred to your current acct # xxxx based on the information you have provided, I have reversed this charge from your account. I apologize for any inconvience this may have caused you. you are a valued customer and we look forward to continuing to provide quality customer service to you. sincerely; the credit coordinator to me this letter is not adequate and specfic enoughwhich leads me to believe that I may incur further issues down the road. what do you all think?
Re: Re: liable for another persons debt ? Did they also send a letter the first time they messed up? What did that say?
Re: Re: liable for another persons debt ? no letter for the 1st time I still have the proof from 2000 when they did this because they used the same method by adding the charges to my current account. back then I was intimidated by their threats to disconnect my current service so I actually made payments arrangments and paid a portion of the bill, I began to call the PUC and filed a complaint the charges were reversed and my acct was credited for the balance plus the $ I paid on that bill. but I have no letter just names and dates of people I talked to in the past about the situation.
Re: Re: liable for another persons debt ? You might send them a final polite CRRR, addressed to the name on your last letter, summarizing that this was the second time they had made this error, summarize the history including their error in 2000 and your PUC complaint that resulted in the correction the first time, and that you expect them to ensure that this problem never resurfaces again. Essentially document in one place their repeated correction of your account and their conclusion that it is not your liability. Perhaps CC the CEO to expand your paper trail. If it shows up in the hands of a CA, you want to go after the utility too. You want to make it clear that you exhausted all other avenues, that they were aware of their repeated errors, that their repetition of their error has enhanced their damage to you, and they were too incompetent and negligent to avoid repeatedly damaging you, for which they should be held liable. You want them to have egg on their face before they even step into court. CYA.
Re: Re: liable for another persons debt ? sent a final letter as you suggested. I hope this resolves the issue once and for all. thx for the help tme to move on and see what happens next.
Re: Re: liable for another persons debt ? The statements showing the credits for the account which they made the first time, should still be good evidence as to how this was resolved to not be your account, as well as your complaint to the PUC. Not as good as a signed confession, but it should still work...
