topic Re: Whats the deal with landlines, cell phones, and SOL? in Rebuilding Your Credit

Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 21:18:44 GMT

I keep seeing different answers regarding landlines being in the 2 year SOL.

Reason I ask is because I have AFNI hounding me over a supposed QWEST bill from 2002 that they decided to add to my CR a few months ago.

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 21:38:37 GMT

Federal SOL on cell phones 2 years from DOFD

A landline is concidered a utility SOL is the same as a CC. The type of account is called an open account

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 22:40:48 GMT

Thanks.. I see some people confusing this

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 22:45:52 GMT

Blatchy wrote:
Thanks.. I see some people confusing this

There is conflicting opinions on this law.

I agree the SOL is 2 years on landlines as well.

I don't believe it means that collections have to begin within 2 years.

Some believe just the opposite and each has that right.

In case you are interested in reading it yourself--

US Code Title 47 Chapter 5

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 23:10:17 GMT

I have a cellphone collection on my credit report w/Calvary Portfolio for a sprint phone that I had back in 2002. So I should send a DV and mention the 2yr federal rule or no?

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 23:21:08 GMT

700plz wrote:
I have a cellphone collection on my credit report w/Calvary Portfolio for a sprint phone that I had back in 2002. So I should send a DV and mention the 2yr federal rule or no?

Some do send the past SOL letter with the DV letter, some do not.

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Tue, 28 Oct 2008 23:58:40 GMT

Which subchapters make reference to this?

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Wed, 29 Oct 2008 00:31:21 GMT

Blatchy wrote:
Which subchapters make reference to this?

Subchapter IV, Limitations of Actions

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Wed, 29 Oct 2008 11:48:48 GMT

@Anonymous wrote:
@Anonymous wrote:
Thanks.. I see some people confusing this

There is conflicting opinions on this law.

I agree the SOL is 2 years on landlines as well.

I don't believe it means that collections have to begin within 2 years.

Some believe just the opposite and each has that right.

In case you are interested in reading it yourself--

US Code Title 47 Chapter 5

(a) Recovery of charges by carrier

All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Wed, 29 Oct 2008 12:35:58 GMT

guiness56 wrote:
@Anonymous wrote:
@Anonymous wrote:
Thanks.. I see some people confusing this

There is conflicting opinions on this law.

I agree the SOL is 2 years on landlines as well.

I don't believe it means that collections have to begin within 2 years.

Some believe just the opposite and each has that right.

In case you are interested in reading it yourself--

US Code Title 47 Chapter 5

(a) Recovery of charges by carrier
All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

To me, the key words here "actions at law" --- collecting is not an "action at law", filing suit is an "action at law"......if it just said "actions" then I would agree it includes collecting.

This law is written very similar to SOL statutes for different states, but their SOL statutes doesn't mean that collections must start within that period.

Re: Whats the deal with landlines, cell phones, and SOL?

Anonymous — Wed, 29 Oct 2008 16:34:00 GMT

I believe the actions at law includes collection activity as regulated by the FDCPA.

My belief stems from the fact that most Carriers sell debt off right past the two years mark.

However, this regulates only the activity of the Carriers - once sold, collectors and JDB can collect until end of days.

Re: What's the deal with landlines, cell phones, and SOL?

Naturell — Mon, 10 Nov 2008 17:32:18 GMT

I guess this can be interpreted/applied as one sees fit and hope for the best?

I have a Verizon and mci landlines. I am not sure which way to go with this.

They are both from 2005 but they are listed as:

mci with midland.Collection.Open account.Placed for collection 2006.Date updated 8/08

factory account

Verizon with debt recovery.Collection acct.Open account.Date closed 4/08.Updated 6/08

placed for collection 1/08.

I was not even aware of these accounts until less than a year ago. An old roommate was supposed to have taken care of these. I was able to set up telephone service with Verizon as of last December in my new apt.

Are these past the SOL? Did Verizon re aged the account due to the new connection?

I know ive been asking plenty of questions and im sorry if its too much. This is the first time I have been so attentive and addicted to my credit. We are looking to relocate out of state next summer and I am doing all I can to ensure a loan to purchase a home. Any help would be greatly appreciated. Thanks so much in advance.

Re: What's the deal with landlines, cell phones, and SOL?

Anonymous — Mon, 10 Nov 2008 17:39:22 GMT

Naturell wrote:
I guess this can be interpreted/applied as one sees fit and hope for the best?
I have a Verizon and mci landlines. I am not sure which way to go with this.
They are both from 2005 but they are listed as:

mci with midland.Collection.Open account.Placed for collection 2006.Date updated 8/08
factory account

Verizon with debt recovery.Collection acct.Open account.Date closed 4/08.Updated 6/08
placed for collection 1/08.

I was not even aware of these accounts until less than a year ago. An old roommate was supposed to have taken care of these. I was able to set up telephone service with Verizon as of last December in my new apt.

Are these past the SOL? Did Verizon re aged the account due to the new connection?

I know ive been asking plenty of questions and im sorry if its too much. This is the first time I have been so attentive and addicted to my credit. We are looking to relocate out of state next summer and I am doing all I can to ensure a loan to purchase a home. Any help would be greatly appreciated. Thanks so much in advance.

You need to know DOFD. When did the accounts go delinquent. The MCI was placed with Midland in 2006, so the delinquency was before that.

Not sure about the Verizon. Is there an estimated date of removal or DOFD listed?

SOL is 2 years from DOFD.

Re: What's the deal with landlines, cell phones, and SOL?

Naturell — Tue, 11 Nov 2008 06:24:05 GMT

Unfortunately, the only information I have on this is what's on my Eq report. These accounts are not on my TU and I've not even begun working on my EX report. (I know i should look at all 3 at once but I am taking this task of repair one Credit report at a time.so its so overwhelming at times) Being that mci was placed for collection beginning 2006 shouldn't it be out of circulation by now? I have not had any contact with this co. Regarding this account. Not sure if it would be a good idea to contact them because that would re age the account wouldn't it?

Thanks soooo much for your time and your info. I will cont. working on these.