Wham! - OLD Utility bill gone to CA

Hello everybody - It's been a while since I've been on the board. Following the advice on the board - along with a serious dose of rethinking my finances - I am near the end of my quest to achieve clean credit. I have managed to delete all of the negatives on my EXP, EQ, and TU accounts by utilizing a combination of writing the original creditors and disputing inaccuracies on the three agencies reports.

Now, while doing some routine checking of my TU report I see that a disputed utility bill from over 4 years ago was sent to collections. In 2002 I relocated from Texas to California, and the report shows that the utility company sent an old account to a collections agency (Credit Systems Int.) in december of 2002.

This original account was a disputed bill for around $1600 (dating back to 1999). To make a long story short, I was renting a commercial space that did not have the utilities sub-metered and was charged for air conditioning/electric bill and a broken toilet which ran for over a month on another floor of the building (which I was not renting). It was something that I should have taken the landlord to small claims court over, but I wasn't as savvy about these things at the time.

The line listing on the TU credit report now claims that the amount is $2227.

I never had to deal with Collection agencies up to this point, and am wondering what the best order of business is:

Should I first:
1. Dispute the listing online at TU, with the "prove this is mine" line.
2. Write a validation letter to Credit Systems International asking them to show the contract that says this is mine.
3. Try to write the utility company to settle with them directly?

I'm also wondering if I have any leverage since I now live in California and the utility company is trying to collect on Texas account?

Any help would be appreciated!

Thanks

Bendee

 

I'm confused as to whether the SOL applies to the original debt or if it begins when the Utility company sold the account to the Collection Agency...

Anybody have concrete info on this?

Bendee

 

Re: Re: Wham! - OLD Utility bill gone to CA

ok I looked up the SOL, and it appears texas is 4 years. Should I not dispute the tradline with TU and write the Collecation agency a letter about the SOL having expired? Or should I go ahead and ask them to validate, and if they give me a printout of dates of account then hit them with SOL?
Bendee

 

Looking back at my files, it appears that the utility company moved the balance in question from my office space account over to my home utility bill after I had moved out of state. I wonder if that was to reset the statute of limitations, and what my rights are as far as disputing the account? My home utility account was in good standing before they fsck'd me over...
bendee

 

OLD Utility bill gone to CA

Well, I got the CRRR back from my dispute with the CA, and immediately filed an online dispute with Transunion.
If the CA tries to make collection calls at this point I can note that and use it to strengthen my case about collection activity during a dispute, correct?

Also wondering if anybody has fought the utility company over co-mingling of accounts? What would the best approach be in that case?

db

 

OLD Utility bill gone to CA

Well, TU removed the tradeline, but a couple of days later I got a collection letter from the CRA again. This time they say the amount is over 6 thousand dollars!!! And to make matters worse it says the original account and "various other accounts"

Since they did not provide a written breakdown of how the bill tripled what is the best approach at this point?

db

 

OLD Utility bill gone to CA

Well, TU deleted the negative tradeline. BUT the CA (Credit Systems International) replied 34 days after they received the Certified Return Receipt Validation 1 letter. To make matters worse, they said "We have recently received a Credit Report verification inquiry. As we reflect your balance outstanding, please contact our office.) AND they added an additional 4200 dollars to the balance. The original disputed amount is listed under "other accounts" and the new amount is a whole different account # from the one I originally asked to validate.
I'm kind of stuck here. Read all the posts and not sure if Validation 2 letter or estoppel is the right course of action.
I am preparing a letter as follows:

This letter is in response to your letter dated 04/12/04. On 3/8/04 you received my Certified letter requesting validation of the debt on Acct. # XXXXXXXX in the amount of 2,227.43. Your response to my request did not include the information required by law to validate the debt. Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Specifically, I am requesting:

1. Proof that the collection company owns the debt/or has been assigned the debt

2. Complete payment history, starting with the original creditor .

3. Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.

Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

XXXXXX

 

OLD Utility bill gone to CA

[edit - double post]

 

Re: OLD Utility bill gone to CA

Yep, they're licensed and bonded.
db

 

The CA sent 2 printouts - one of the commercial account and one of the residential account.

The commercial account activity printout shows groups of daily balance increases (supposing these are collection fees and charges? no idea because the computer printout only says "CHG" next to them) in 1998-99 and then no activity until a 2100.64 charge pops up 5/31/02.

The residential account shows a normal monthly bill for household power with regular payments and then a 2227 charge 6/27/02.

I'm really stumped at this point because if they were transferring from one account to another the amounts should be the same.

I've sent the CA two validation letters, and this printout came in response to my second validation attempt. Do I need to send them an estoppel letter?

Also I just finished reading a bunch of threads where posters say the CA doesn't have to provide a copy of the original written contract as validation?????

more confused than ever.

bendee