WHY CHAT!! PLEASE HELP ---- sol for utility bill

[poij311]

i live in virginia.

 

i pulled my credit report a few months ago and found out that colombia gas sent an old disconnected account to collections. i never recieved the final bill and after moving twice since then the bill was long forgotten about. the account was disconnected in '99. what is the sol for utility bills? is it the 5 years for written contracts or does it fall under ucc? if so how many years is that?

 

thanks in advance.

[jmw]

It would be covered by UCC. From VA gov't website, looks like the SOL for utilities is 3 years:

 

§ 8.01-246. Personal actions based on contracts.

 

§ 8.01-246 (4) would apply to utilities since they are unwritten contracts.

 

Why Chat would be able to tell you for sure though!

[poij311]

thank you!

 

so since the sol has passed what is the next step? sending the ca a cease and desist letter? i have received collection notices from them on numerous occassions as well, only after i contacted them to find out what the account was for. or should i wait for why chat to respond 1st so i will know for sure?

[jmw]

or should i wait for why chat to respond  1st so i will know for sure?

 

If it were me, I would definitely wait for Why Chat (might want to stick his name up in the subject so it catches his attention!). He's one of the best I've seen to interpret state law/UCC and frequents this board often.

 

If anyone else knows this for certain, please speak up too!

[Why Chat]

Utility bills are bills for services, they are not contracts.

 

They are covered under the standard 4 year UCC, goods and services.

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL.

 

Send them a cease and desist, the "SOL" letter is not, in my opinion appropriate as it implies you believe they would have the ability to sue if you were within SOL.

 

That assumes, of course that you are outside their service area now. If you are still within their service area, send them the SOL letter and refer to Va. UCC Statutes.

[poij311]

where can i get a copy of a cease and desist letter?

 

one more question i just thought of: is there any way to have this removed from my credit report? or am i just stuck with it?

[jmw]

where can i get a copy of a cease and desist letter?

 

Breeze's letter collection is a great place for many letters, including a C&D.

[KMK]

Utility bills are bills for services, they are not contracts.

 

They are covered under the standard 4 year UCC, goods and services.

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL.

 

Send them a cease and desist, the "SOL" letter is not, in my opinion appropriate as it implies you believe they would have the ability to sue if you were within SOL.

 

That assumes, of course that you are outside their service area now. If you are still within their service area, send them the SOL letter and refer to Va. UCC Statutes.

 

"No legal collection"; does this mean they can't sue, or does it mean they can't collect at all?

 

I'm suing a CA for FCRA & FDCPA violations while trying to collect on a cable bill in another state. Can I add any UCC violations to my suit?

 

Thanks again, Why Chat!!!

[Why Chat]

Utility bills are bills for services, they are not contracts.

 

They are covered under the standard 4 year UCC, goods and services.

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL.

 

Send them a cease and desist, the "SOL" letter is not, in my opinion appropriate as it implies you believe they would have the ability to sue if you were within SOL.

 

That assumes, of course that you are outside their service area now. If you are still within their service area, send them the SOL letter and refer to Va. UCC Statutes.

 

"No legal collection"; does this mean they can't sue, or does it mean they can't collect at all?

 

I'm suing a CA for FCRA & FDCPA violations while trying to collect on a cable bill in another state. Can I add any UCC violations to my suit?

 

Thanks again, Why Chat!!!

As far as I have been able to tell, if a collection agency is collecting on an account it believes to be a valid debt, and believes it has authority to collect on, then there is no FDCPA violation.

 

NOW, if you have put them on notice that they are in violation, (as in my SOL letter) or any other type of legal basis for them to STOP collection activities,such as a cease and desist, THEN, if they continue, they would be in violation of the FDCPA, as it would be "flagrent" and could not be claimed as "error".

:neener:

[JoeDirtPharmD]

This caught my eye....

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL

 

Would anyone have a link or reference that verifies this statement? It'd be a mighty-fine help. Thanks

[ArmySarge6]

This caught my eye....

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL

 

Would anyone have a link or reference that verifies this statement? It'd be a mighty-fine help. Thanks

 

I would like to see this also Joe. Just caught my eye also.

[Why Chat]

This caught my eye....

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL

 

Would anyone have a link or reference that verifies this statement? It'd be a mighty-fine help. Thanks

OH BOY !! I guess I opened that "can of worms" myself !!

 

OK-Here is the deal-- each State hs a regulatory authority for it's utility services, usually found as § 1- sub chapter 13 or 14.In general, as far as I can tell, they are pretty much uniform in their regulations.

 

They all include "service area" limits to prevent unfair competition,and privacy of information clauses. Here is a link to your State's (Arizona) statutes,

 

http://www.azleg.state.az.us/legtext/43leg...lls/hb2663p.htm

 

There are many many cases dealing with "billing" outside the service area, most of them are business and commercial, so they do not actually effect personal residential consumer bills, however, they ALL refer to the "privacy" of information for consumers as an exception, i.e. "ABC Services is not protected under the privacy of information clause in § 1.13".

 

They all also refer to the "non competitive" clause in the "billing" utility's State.In effect, they say that an action to sue or otherwise interfere with someones's CURRENT utility service,to collect on a bill from a PRIOR service area is a violation of the non competitive restrictions.

 

In "short" although this is obviously very long, it is,in my opinion safe to dispute a bill from a regulated utility from a previous service area in another State by referring to their violation of the privacy of information clauses in that State's public utilities statutes, and the non competitve clauses that prohibit the utility, OR THEIR AGENTS from out of area billing.

:blowup:

[SWEET1]

This caught my eye....

 

In addition, there can be no legal collection on a utility bill outside it's service area, even if it were within SOL

 

Would anyone have a link or reference that verifies this statement? It'd be a mighty-fine help. Thanks

 

 

They all include "service area" limits to prevent unfair competition,and privacy of information clauses. Here is a link to your State's (Arizona) statutes,

 

http://www.azleg.state.az.us/legtext/43leg...lls/hb2663p.htm

 

 

They all also refer to the "non competitive" clause in the "billing" utility's State.In effect, they say that an action to sue or otherwise interfere with someones's CURRENT utility service,to collect on a bill from a PRIOR service area is a violation of the non competitive restrictions.

 

In "short" although this is obviously very long, it is,in my opinion safe to dispute a bill from a regulated utility from a previous service area in another State by referring to their violation of the privacy of information clauses in that State's public utilities statutes, and the non competitve clauses that prohibit the utility, OR THEIR AGENTS from out of area billing.

:blowup:

What am I doing wrong??? I am trying to find this information for the state of Kentucky and cant come up with anything pertaing to a non-competative clause or billing over state lines. I have tried searching for Kentucky state statutes and Kentucky public utilities. Am I looking in the wrong place??? HELP

[TeeSharice]

Sweet...

 

Check out "FERC" for further info on this....I posted info on this on another thread earlier today just for you.

[SWEET1]

Sweet...

 

Check out "FERC" for further info on this....I posted info on this on another thread earlier today just for you.

 

I know, TEE, I saw your post and I must be STOOOOOPID cuz I couldn't find BLEEEEEEP.

THANKS THO!

[TeeSharice]

I know, TEE, I saw your post and I must be STOOOOOPID cuz I couldn't find BLEEEEEEP.

THANKS THO!

 

OK..I got off work 3 hours ago...and am ablout slepp walking so I cant be of much help to ya right now...

After my 1st nap, I'll help ya look for some stuff..Im gonna need the info in my back pocket in case the In-SOL deletion I got comes back to haunt me.

[SWEET1]

THANK YA TEE- "nitey- nite".