UCC/Utility Question(s)

[Frustrated13]

I have a CA showing on my reports

 

Fairway Capital Recovery

Placed for collection 3/14/12

Responsibility Invidiual

Account Type Open

Loan Type Collection Agency/Attorney

Balance $479

Date Updated 4/2/13

Original Amount $479

Original Creditor Duke Energy Southeast

Past Due $479

Remarks Placed for collection

Estimated removal 12/2018

 

I did have a Duke Energy account at a residence I moved from in April 2009. On a utility account, is the DOFD the date the bill went past due?

 

If that's the case, then the DOFD should be 4/09 or 5/09 at the latest. I read all of the below listed threads and took from them that Duke Energy qualifies as an UCC making the SOL 4 years, no matter what state I am in (which is SC, and I have not crossed state lines)

 

http://creditboards.com/forums/index.php?showtopic=30358&hl=%2Bduke+%2Benergy&do=findComment&comment=216465

http://creditboards.com/forums/index.php?showtopic=18692&highlight=utility+across

http://creditboards.com/forums/index.php?showtopic=7692&highlight=utilit*+account+type

http://creditboards.com/forums/index.php?showtopic=17872&page=2

 

By the "Estimated removal date" of 12/2018, it would appear that the DOFD would be 6/2011 to 12/2011 meaning 1) this is not the Duke Energy account from my old residence or 2) the DOFD has been re-aged

 

Before I tackle this I want to make sure I am beyond the SOL for this account. If the last bill I paid was in either March or April 2009, is it true that the SOL for this particular account would be up in March, April or May 2013? Or am I misunderstanding when a UCC SOL begins?

 

2nd question, which bills fall under the UCC -- evidently a power bill does, I'm assuming a water bill, natural gas bill and possibly home telephone. What about cable and/or satellite TV, internet and cell service? Do they also fall under UCC SOL or would they fall under the SOL like a revolving account?

 

I do not know if I have received initial contact from this CA or not, as I am just beginning this process and I have always just thrown away what I perceived as junk mail If this is out of SOL for sure, should I begin by sending a letter to the CA claiming this can't possibly be mine with the dates that are being reported, please validate all information? or should I not even mention the dates or the fact that it might not be mine and just ask for the validation?

 

Appreciate any thoughts on this issue.

 

You all are awesome!

Kat

 

 

[futurehomeowner?]

I can not answer your question about the SOL thing but if you do send them a letter just send the unknown debt letter to them.

 

I would normally give a link to the letter but I am at work and do not have my bookmarks with me.

[Frustrated13]

Thanks futurehomeowner. I have seen that letter. I won't have any problem finding that one again. I think it might even be first on the list in the Sample Letters Forum.

[Frustrated13]

After reading the below topic about contacting a CA from a TL and not a dunning letter, it sounds like I do not want to state in my "Unknown Letter" that I "dispute" the TL, just that I want "verification" of such as is my right under the FDCPA.

 

http://creditboards.com/forums/index.php?showtopic=510642&hl

 

I have read multiple "Unknown Letters" as well as multiple "DV" letters. So many different items are requested for validation depending on the letter. Is there an actual standard of what to ask for as "validation" or is it basically whatever I ask them to provide me?