topic Re: Cell phone in General Credit Topics

Cell phone

Anonymous — Sun, 26 Apr 2009 21:37:49 GMT

Hello Everyone,

I have an old cell phone bill from 2002-03 that was listed to come off my credit report in Mar 09 (haven’t checked to confirm if it did or not). I just received a letter from Mitchell N. Kay regarding this bill and offering a settlement (I’ve learned not to take these offers). My question is what should I do about this? I believe the statute of limitations ends after 2 years on cell phone bills which makes me wonder if they have any leverage with collecting? If that is the case should I call them and notify them of that? If I was to pay this would the clock reset on when this would come off my credit report and/or could that hurt my credit score? Finally, might I be able to call to pay this collection in return for immediate removal from my credit report? Any and all information is greatly appreciated. BTW, I paid another bill through this collector so I wonder if they didn’t target me for other open items to try to collect from me.

Thanks in advance,

Re: Cell phone

llecs — Sun, 26 Apr 2009 21:53:31 GMT

Never ever never call a CA. Never.

IMO, pull your CR to see if the AT&T is reporting. Also check to see if MNK is reporting too. They are a JDB CA and I too had to deal with them for a AT&T cell bill from way back when. They have been known to change dates to get a baddie reporting longer.

Paying it will not reset DOFD and thus the listing wouldn't extend any.

I personally would DV them.

Re: Cell phone

Anonymous — Mon, 27 Apr 2009 13:27:15 GMT

I too recently encountered a similar situation with AT&T. I have nothing reported from AT&T on my report, but when recently I was at an AT&T store to buy an I-phone, I was told that there was a balance/collection from an old account. They 'said' they were generous enough to go past that, because it was old and something that may or may not be ours, or some old balance totally forgotten. So, we moved on with the purchase of the I-phone. Now I am receiving collection notices for this alledged collection amount. I know I probably should Dispute this, but should I even bother, since this is just come up AFTER I start new service with them?

Re: Cell phone

Anonymous — Mon, 27 Apr 2009 16:16:13 GMT

I personally would DV them. DV?

Re: Cell phone

llecs — Mon, 27 Apr 2009 16:27:02 GMT

jpwake wrote:
I personally would DV them. DV?

Common Abbreviations

What Steps Do I Take - great for learning the repair process.

Re: Cell phone

Anonymous — Mon, 27 Apr 2009 18:44:01 GMT

Thank you (llecs) for the links to all that information and the acronyms. I read through all the that information, and while it seems there are specific recommended steps for each situation, depending on whether the OC (Original Creditor) has sold the debt, or still carries it, whether they or someone else reports it .... etc... the odd part of my situation, is that NOTHING was or is being reported. This mysterious balance with AT&T, that has JUST NOW apparently become a collection, ONLY came up when we walked into an AT&T store to purchase a phone. The clerk even stated, that it could be a mistake, and by-passed the flag (or whatever) that was on his screen. If we have not received collection demands before walking into the AT&T store, why and how does that make this even make any sense as a situation that I am required to follow-up on and clarify. This collection demand just now came up when we made a purchase. It's not a matter of who owns it, whether we can PIF or not PIF ... etc. What's the SOL on Cell Phone charges anyway?

Re: Cell phone

llecs — Mon, 27 Apr 2009 20:19:07 GMT

Bobinsky...send a DV to the CA and call AT&T and ask if they still own the account. If they do, ask them if you can pay in exchange for not reporting. If they don't own the account and the CA has yet to report, then ignore AT&T and focus on the DV-PFD (or pay for not reporting) route.

Re: Cell phone

Anonymous — Mon, 27 Apr 2009 21:32:07 GMT

If the statute of limitations ends after 2 years on cell phone bills in TX can they still collect on this debt?

Re: Cell phone

Anonymous — Mon, 27 Apr 2009 21:52:30 GMT

When you have any unpaid debt then you still owe.

This is when state SOL comes in. Then you have federal SOL on phones. This means that the OC must file a suit within 2 years of DOFD. (you can't be sued after that).

SOL has nothing to due with CRTP which is approx.7 years from DOFD. So they can report.

Federal law trumps state law.

Re: Cell phone

Anonymous — Tue, 28 Apr 2009 00:20:09 GMT

Ok, so would the best thing be to just pay the full amount? DOFD was over 7 years ago.

Re: Cell phone

enerey — Wed, 29 Apr 2009 01:42:08 GMT

If your DOFD was over seven years ago I would not pay. Also would not pay MNK anything because even if they tried to sue the SOL is on your side as it is way past 2 years.

Re: Cell phone

Anonymous — Wed, 29 Apr 2009 14:11:45 GMT

Thank you for your input. How do I find out what the DOFD (Date of First ....?) is / was ? Should I find out first if this is even legit - remember, this is all come out of left field, only AFTER I just purchased a phone and started service.