Not sure what to do...

[Anonymous]

Happy Days,

Is there a link showing Federal SOL on cell phones?  I know my last pymt was 8/2000 however in  my 7 years of notes(!!!!!!) I also have written down January of 2003.  It might have been re-aged but I can't be sure until I pull CR.

Thanks!

[Anonymous]

TITLE 47 > CHAPTER 5 > SUBCHAPTER IV > § 415

§ 415. Limitations of actions

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.

(b) Recovery of damages

All complaints against carriers for the recovery of damages not based on overcharges shall be filed with the Commission within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section.

(c) Recovery of overcharges

For recovery of overcharges action at law shall be begun or complaint filed with the Commission against carriers within two years from the time the cause of action accrues, and not after, subject to subsection (d) of this section, except that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation said period shall be extended to include two years from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

(d) Extension

If on or before expiration of the period of limitation in subsection (b) or (c) of this section a carrier begins action under subsection (a) of this section for recovery of lawful charges in respect of the same service, or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include ninety days from the time such action is begun or such charges are collected by the carrier.

(e) Accrual of cause of action for transmission of message

The cause of action in respect of the transmission of a message shall, for the purposes of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier, and not after.

(f) Enforcement petition

A petition for the enforcement of an order of the Commission for the payment of money shall be filed in the district court or the State court within one year from the date of the order, and not after.

(g) “Overcharges” defined

The term “overcharges” as used in this section shall be deemed to mean charges for services in excess of those applicable thereto under the schedules of charges lawfully on file with the Commission.

[Anonymous]

Thanks!

[Anonymous]

OK Here's really good news.  I pulled my CR and their is no negatives on it.  So Cingular did drop off.

All my scores are higher than 760!

What should I do about the pesky Riddle & Assoc?

If the SOL for cell phones is 2 years than they are harassing me for no reason.  If it's 10yrs (MO written contract from KS) than I might need to take action.

What do you think?

Thanks!

[Anonymous]

Hope this is OK that I bumped this up.

Can anyone advise me?

Thanks!

[Anonymous]

Here is the letter Iam sending.  Is there anything I should change or add?

Is there any other advice someone might have?

Thanks!

My address

There address

RE: acct xxxxxxxxxx

This letter is being sent to you in response to a phone call from your offices in March 2008.

Enclosed, please find a copy of a letter from Cingular stating they had made a mistake on their end and there is no debt owed by me to Cingular.

Also, please be advised a copy of this letter from Cingular was also sent to your client AFNI a few years ago!

Since this is proof that there is no outstanding debt owed by me to Cingular I am requesting that no further contact be made by your office to my home or office. If your offices attempt telephone contact with, including but not limited to computer generated calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me must be done in writing and sent to the address noted in this letter.

This is an attempt to clear the erroneous records that you have in my name.

[Anonymous]

Dv Riddle & Assoc.... if they validate you will then have paperwork to back up the SOL and CRTP dates... if they don't they can't continue to collect.  Odds are they can't.

[Anonymous]

Lady Scarlet,

Thanks for the response!

Couple of questions...CRTP is not on my abb list....what is that?

If I have a letter from Cingular stating it is thier error wouldn't Riddle have to back off?

Thanks!

[Anonymous]

CRTP = Credit Reporting Time Period

Aaahhhh, did AFNI back off with that letter - no, they sold/assigned it to Riddle.

Send a DV firs - if they 'validate you can send that letter along with a C&D/FOAD.  A DV enforces your rights - and subjects them to FCRA. Step-by-step....  I havea good past SOL, failed to validate, FOAD letter.... if you need it later just ask.

[Anonymous]

Good point!

Should I enclose the Cingular letter with the DV letter?

Thanks this forum is the best!