Collections out of nowhere, pfd declined

[Anonymous]

Hey folks!

To make a long story short - I moved out of an apartment, and a friend moved in to replace me. I called PG&E and transferred the account to his name a month later, and I guess there was a statement that slipped through the cracks.

When I called PG&E, they transferred the account to my friend's name. I asked if there was anything else I could do, and they said I was in the clear. Never did they inform me I owed a balance, nor did they ask me for my new address so they could bill me.

So, it turns out that than remaining balance in my name was billed to me, but at the old address I no longer lived at. It then went into collections, who billed me again at the OLD address. I never ever got a phone call, or a billing statement from this CA, and only noticed it because I checked my credit report (I am in the process of buying a house so I check it religously). I hope this doesn't ruin my chances for a house, as I am in underwriting now.

I sent the CA a PFD, but they declined. I could do a DV, but I know the debt is correct - I just feel they never notified me properly - they just reported it to my credit from nowhere. I called PG&E, and all they could do was check that the amount owed was legit, and said anything else, I'd have to take it up with the CA.

Where can I go from here? I appreciate everyone's time and advice. Thanks!

Message Edited by kertong on 07-10-2008 08:38 PM

Message Edited by kertong on 07-10-2008 08:41 PM

[llecs]

ALWAYS DV a CA before offering a PFD, even if you know it is yours. CAs, as you know, don't always accept a PFD. In fact, they didn't have to respond. However, a DV requires of the CA a papertrail which could help you in the future. Moreover, it establishes in the CA's own pen how much you owe and it mostly blocks them from adding charges later.

Once they verify, then offer the PFD. I reworded mine and send with a stamp. Send them over and over until they accept. Never call them, but do whatever it takes.

[Anonymous]

Thanks for your advice, llecs!

I will send a DV letter. I'm sure the debt is mine, however, it's just that they never notified me that I owed them money. I never was notified that it went to collections, either - until it popped up on my credit report.

Is there a letter I can send asking for proof that they tried to contact me? I feel this is unfair, as they obviously sent notifications to an address where I did not reside (obviously, since I closed the PG&E account before the collections).

[Anonymous]

Even if you know the debt is legit, do you know if the CA can legally collect it? If you use the DV example here, it ask them to prove they can accept.

What is SOL in your state?  Find SOL here -

http://www.bankrate.com/brm/news/cc/20040116b2.asp

What is DOLA and DOFD?

[Anonymous]

Much appreciated, sidewinder!

To answer your questions: I am in California, and it looks like the statute of limitations for this state is 4 years for written contracts, 2 for oral, 2 for promissory notes, and 4 for credit cards / open accounts.

I'm not sure what the dola/dofd is, but this debt comes from 11/2007. It was reported on 6/30/2008, but it says the date last updated is 6/27/2008, and date of alert is 6/29/2008.

Sorry all, I am a bit new to all this. I *really* appreciate your time and guidance - thanks again!

[Anonymous]

Oh, I also just noticed that according to the fair debt collection practices act: Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money and what action to take if you believe you do not owe the money.

I was never contacted, nor did I ever receive anything in writing. Just a derogatory mark on my credit report was the only way I found out about this debt.

Does this give me any course of action or leverage? Sure, they may have mailed a letter to my old address, but I did not live there at the time of their notification..

[llecs]

No leverage, unless they sue. They would have to prove you received notification.

In general, the 30 days starts at the moment you notice the CA on your account.

[llecs]

Also, Sidewinder was hinting at SOL because doing anything within SOL puts a big bullseye on you for collection activities including being sued. IMO, the bullseye came into play when you PFD'd them. I wouldn't worry, but always keep the cash on hand just in case to pay the CA to prevent a judgment.

[Anonymous]

Ahh, thanks again llecs. You guys are invaluable, wish I could buy you guys beers!

Paying the CA is no problem, it is only for $167. Strangely, when I noticed the CA on my report, it was only reported on experian, and my credit score did not change at all (EX: 678). Weird..

Message Edited by kertong on 07-10-2008 09:43 PM

[BungalowMo]

It's a shame your "friend" didn't let you know about that bill when it came...  That certainly would have saved you some major grief!

I realize that dowsn't help you now, but still....