![\"user-pic\"](\"/css/images/default.gif\")
Find out about the statute of limitations. Even if they claim you owe the money they may have waited too long to collect it.
And do not make a payment until you understand the implications! That may reset the statute of limitations. Consult an attorney.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-1201340-100x100.png\")
You probably shouldn't worry too much about your credit history. If it hasn't appeared on your credit report by now, it probably won't. If AT&T sold this item to a collection agency who is out of business, assuming they didn't jettison your account for cash before they closed, nobody can ding your reports now.
Also, since 2004 was when the charges were supposedly incurred, this can remain on your credit reports for 7 years 6 months hence, or sometime in 2011 or early 2012. Regardless of how late it was submitted, the clock runs out then, so there is no chance it will appear in your history after.
The fact is, that if AT&T doesn't want to do business with you, there are several other mobile carriers who will. And, since this doesn't currently appear on your reports, they are none the wiser.
I should also point out that you need to demand proof in writing from AT&T about what specifically the charges were. If they cannot provide proof of such usage, they cannot bill you for that usage. Make sure you save all written communications and send all written communications certified with return receipt.
DO NOT PAY anything until you are absolutely certain you are responsible for the charges, and do not pay anything until AT&T agrees not to submit this to credit reporting agencies.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-318831-100x100.png\")
Agreed. Making a payment on a debt usually means you have legally accepted the debt...even if it was never yours to begin with and you were billed in error. Making a payment often means you automatically lose any dispute you make later.
In a lot of states, that time frame is beyond the statute of limitations anyway. I don't know for sure about DC or California, but that is easy enough to find out. I would call an attorney for advice.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1524613-100x100.png\")
I bet AT&T is charging him more cuz he's a Californian living in DC. Those big city slickers don't take kindly to them dar Californian's.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-27969-100x100.png\")
Roaming charges? In 2004? What plan was Richard on?
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-529488-100x100.png\")
And if he had been on an old AT&T plan grandfathered in when they became Cingular, regional plans were still around. I even saw a few STILL in the system when I worked there briefly this past summer.
I had a Socal-only Verizon plan from when I got their service in 1999 until 2003. If I used it outside the 5-county LA metro area I got dinged with hefty roaming charges. It was something like $1/call plus 0.69/minute. But since I didn't do a lot of traveling at the time, or even use my cell phone a lot, it didn't really matter. They were Airtouch when I got the plan and I think they stopped offering it when they became Verizon but they still honored my plan until I switched to a nationwide plan.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1238059-100x100.png\")
If anyone does come after you for this money, you can demand written proof of debt. There are all kinds of sample letters available, here is one:
http://www.debtconsolidationcare.com/forums/debtverification-letter.html
More info here: http://www.creditinfocenter.com/rebuild/debt_validation.shtml
Generally speaking, when the debt is this bogus, demand for proof stops them in their tracks.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1523557-100x100.png\")
But is anyone actually trying to collect the debt? There is no violation of the FDCPA if there is no collection, and there is no FCRA violation if nothing is being reported on his credit. Sending a threatening letter is more likely to open a can of worms than if he just ignored the whole thing. If nobody is trying to collect right now, I'd just quietly go to a different carrier and ignore it, as the SOL is so close to ending.
Those debt verification letters that are around on the internet may work for some people, but it's a lot better to use one that doesn't threaten to sue, and doesn't list requests for information that may not be required, relevant or necessary. I'm shocked when I see some of the forms that people are suggesting be used. They're just bad form, and they risk escalating the situation beyond what it should be. Maybe some lawyers take the threatening approach, but in my little legal community, nobody would be sending out something like the ones linked.
Also, if there really are FDCPA or FCRA violations, there are a number of consumer law groups across the country that will represent debtors for free, as violations of many consumer statutes allow for attorneys fees. Ask a professional to do the work for you, make sure it's done right, and end up with a better result.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1306088-100x100.png\")
It only sometimes stops them. I sent that letter to someone claiming a debt I didn't owe, they wouldn't send me proof but they keep telling the credit reporting agencys that I do owe this debt even though they don't have any proof of ownership of the debt. So I'm rather stuck in limbo with it.
Send the reporting agency a letter, informing them that the collection agency has repeatedly failed to respond to written requests that they prove they own the debt, therefore you are disputing the negative credit report the collection agency has filed with the reporting agency.
That ought to clear your credit right up, unless the reporting agency is also in the habit of violating federal law. Federal regulatory agencies really frown on that sort of thing...
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-224192-100x100.png\")
That's when you sue them, as they're probably in violation of the law by doing that.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-125006-100x100.png\")
i've done this in the past when i got a letter from a collections agency claiming I owed EZ-Pass a couple hundred bucks, from action that supposedly occured on my account years after i closed it and turned in my tag. i used one of the form letters (even though i had all the ammo i needed to show i had a zero balance, the tag was returned and everything was clean), and the collections agency immediately back tracked and left me alone.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1055924-100x100.png\")
That letter has worked wonders for me in the past!
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-665956-100x100.png\")
This is what I would do. Good advice. Make sure you send the request by certified mail.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1425332-100x100.png\")
I've got a solution: Don't use AT&T. It's really the best solution to the whole problem. Save yourself $1600, heartache, and pick a carrier that isn't last in every 3rd party polling.
I had a similar problem with Verizon a few years ago, although for much less money. I think you can find horror stories about bill screw ups at any cell phone company. AT&T definitely doesn't have a monopoly on those.
Not that it's really relevant but buddy wants an iPhone. Doesn't he pretty much have to go with AT&T?
no, you can unlock an iPhone and use it on T-Mobile. a far superior carrier than AT&T in every way imaginable. ofcourse, you could just skip the iPhone like i did and get a Nokia N900 and have even fewer hassles all together!
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-116400-100x100.png\")
OP would lose 3G connectivity if he went that route. Non-3G downloads are absurdly slow on TMobile.
Have you invented a time machine that would allow the OP to go back in time and change companies?
If not, stay on topic.
The crux of the matter is the potential damage to the OP's credit report, not the concern over the choice of carriers.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-206518-100x100.png\")
Wow, no need to be nasty. Maybe YOU should go back in time and RTFA again: The OP wants to open a new account with AT&T. He doesn't have to do that: He can go open an account with a different carrier that DOESN'T suck and avoid this issue altogether.
Mr. Skellbasher called me out, and I called b.s. on him. Simple as that.
Follow the line of comments more carefully next time... I was defending you, Loias, not calling you out. :)
No 'BS' was called my friend.
While it's true that the OP could easily chose another phone carrier and avoid dealing with AT&T, the OP's concern, and the point of the article, is how the mystery debt could have negative impact on his credit.
\"How do I resolve this issue? I obviously don’t want this damaging my credit history. I find it ridiculous to pay interest on a six year old debt that I am just now hearing about. Any advice would be greatly appreciated.\"
The OP is not asking for advice on his selection of cell phone carriers. He's asking how to deal with he collections issue.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-257467-100x100.png\")
\"Any advice would be appreicated\"
Including not to use ATT! :D
If you READ the article, he states that he CLOSED the account, and is now trying to open it again YEARS later. He's not a current customer. So, he is fully capable not using AT&T, foo.
Read the article next time.
Well, even if he has the option to do future business elsewhere, I bet he will still want to get this mysterious phantom charge taken care of.
mommiest has it right.
Demand that they validate the debt. If they can't provide appropriate validation, they can't collect on it, or report it on your credit report.
In a case like this where the debt has gone through multiple agencies, it's doubtful that they'll be able to validate it.
But they aren't trying to collect it, and they aren't putting it on his credit report. It just sounds like some kind of error, one that would probably take a large amount of effort to fix. He's better off just finding another carrier.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-114659-100x100.png\")
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm
Everyone should read the Fair Debt Collections Act. Not saying anyone is violating it, but before you hand anyone any money, make sure that they have a detailed bill, and proof that they own the debt. If you start calling around, saying you want to pay $1,800, people will start claiming that why yes, they do own that debt..
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-365394-100x100.png\")
FYI, statute of limitations for outstanding debts in Virginia is 5 yrs.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-17616-100x100.png\")
Washington DC != Virginia
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1238020-100x100.png\")
DC area doesn't necessarily mean in the actual district. Many people use it to mean the surrounding area which could mean N. Virginia or S. Maryland.
In a former career I worked in credit for a few years for a well known company.
If the bill is sx years old you will do more damage to your credit by paying even a single dollar than by leaving it be entirely. After seven years from the date of discharge they must remove it from your credit. If you pay anything on the account whatsoever they can restart the seven year clock and it will do many more years damage to your credit.
The best thing to do is to wait until seven years from the point of discharge (research your credit report to find out when that is) and then demand that it be removed from your credit report (it should automatically be removed).
Old debts like this used to sell for 2-3 cents on the dollar, the trend of late is for unscrupolous bill collection companies to buy these debts and treat them as if they were new. Whatever you do, not engage the collection company in conversation, do not pay, and do not tell them to sue you. Let it go and this will be done all the sooner.
In the event that things get nasty you can ask in writing for validation that the debt is good. If they cannot provide such validation within 30 days the debt is not valid and it can no longer be collected upon. Treat this as a last resort though.
Actually, that reset-the-clock problem was fixed years ago (mid 1990's if I recall). They updated the laws to specify that the clock starts 180 days from when the debt first went delinquent. A payment on a old debt no longer resets the clock when it comes to reporting.
Now... it may reset the SOL clock. That is controlled by state law.
Last resort? Wrong. Making the slimy debt collectors verify the debt is the FIRST thing that he should do, not the last resort. He needs to write them debt verification letters, send them CERTIFIED MAIL with a return receipt, and go from there.
They might send back some copy of a bill, but it's the FTC's opinion (and the opinion of several attorney friends) that mere itemization of what they have is not sufficient debt validation. (eg anyone can print up an official looking bill)
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1525076-100x100.png\")
Is there anyone else at AT&T that can help resolve this issue or is it too far beyond that now?
Write the Attorney General in Virgina. AT&T tried to do something similar to me in Ohio. One inquiry from the AG and AT&T dropped their claim
verizonwireless.com
This helps how?
Free advertising?
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1256804-100x100.png\")
I'm with Loias on this one: AT&T are bunch of money-grubbing, lying slugs. A few years back some old guy called me offering a long distance plan that \"wouldn't cost me anything unless I used it.\" The plan would've saved me money on my local bill so I accepted. I never used the plan and guess what? Three months later I get a bill for $35. I called them to point out the error and I get some \"Oh, well he must have explained it wrong...\" excuse. So I said, \"Then give him the damn bill.\" They kept sending the bill so I finally got so fed up I sent THEM a bill for wasting my time. Eventually they wrote it off.
But the fun doesn't stop there. It went on my credit report as an unpaid debt, Citi caught wind of it and jacked up my interest rate from 7% to 28%. I immediately severed ties with Citi and I won't do business with either of these douche bags ever again.
Does anyone remember the days when businesses used to succeed by offering decent products and customer service in order to EARN customer loyalty? Did I just imagine that or was that real? 'Cause it seems like most big businesses nowadays rely on scamming their customers to make a buck. I wish we could all band together and boycott them so they'd just go away.
Wow, you did all of the wrong things and now you had the gall to take issue with Citi? LOL
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-135777-100x100.png\")
CITI is douche bags. They just recently closed a $8k card (with no balance) of mine because of non-activity. Although I had used it for a $3.81 charge for itunes 45 days before. Apparently activity doesn't count as activity. I told them that this will screw my FICO because it completely turns my debt/credit ratio upside down. They didn't care (actually talked to the vice president of accounts). I told them good luck ever seeing me or my associates every doing business with them again.
Why would they care about doing business properly when they can have the gubment bail them out?
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-53856-100x100.png\")
Wait, is AT&T refusing the new Account? If they sold the debt, what do they care whether you pay it? If it's just about the debt.. Well if it's not on your credit report and nobodys bothering you, seems like a non problem. You may want to check to see of there are any judgments outstanding against you in the relevant states though...
He has a history (so they think) of not paying his debts. They don't want to deal with that again (even though it isn't true)
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1526358-100x100.png\")
Thats what I want to know.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-121828-100x100.png\")
I'm just confused as to why Richard is being called \"it\" in the post.
If you have advice for Richard, please leave it in the comments.
\"It\" is the advice you are leaving for Richard. I pity da foo who don't know his grammar.
Troll harder.
Yeah I don't think he was trolling you
And really corrections are sposed to be sent to whoever wrote the story, not posted in the comments (not that I don't do the same damn thing, but even so)
Um...I believe that larrymac is referring to the initial part of the post where it says \"...he had an unpaid bill of $1,671.98, but it doesn't owe the phone company...\"
While we're on the subject, AT&T didn't so much track him down as Richard walked into the mothership asking to start service, but who's really keeping track?
\"Richard says AT&T tracked him down to tell him he had an unpaid bill of $1,671.98, but it doesn't owe the phone company the money because it sold the debt to an outside agency.\"
Sounds like a scam.
The company with this list of debt probably doesn't even know where it came from.
They are probably just sending out what are essentially fake bills in the hope that some people send them money.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1528990-100x100.png\")
Leave it alone so it doesn't appear on your credit. Pay nothing. Use a different carrier. Who has roaming in DC? Esp in 2004. Not a big company like ATT or ??? ATT probably screwed up but trying to fix it may prove to make the situation only worse.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-391618-100x100.png\")
1) Ask AT&T to validate the debt owed.
If that doesn't clear things up, then
2) Look into your current state's statute of limitations on debts owed. They must prove that they actively sought to have the debt repaid, else they lose claim to the debt after so much time.
Um, sounds more like identity theft to me. Somebody got your name and SS number, reopened the account (or a new one), ran up a bunch of international calls (only way to get a bill that high, I think), and bailed when the first bill came due. I'd be more concerned about that right now.
To clarify: I know this debt is 6 years old. When I say I'd be concerned, I mean about other debts that may have been opened in the OP's name since then. With a bunch of fake addresses, it's likely he never got the bills, and the collection agencies couldn't find him.
Surprisingly I had this exact same thing happen to me, except I was staying with ATT/Cingular and not leaving. I was changing my plan to a family talk plan, and had to change my number to match everyone on the policy. The agent apparently didn't do it correctly and canceled my account instead of transferring it to a new number. So instead, he canceled my old account and setup a new one. I was never notified and then didn't get any bills (which I was also signed up for AutoPay). Eventually a year later I got a collection notice that a debt collection agency bought my ATT debt.
Now I am a responsible about my bills, so naturally I was horrified. That was in 2007... and I think I am STILL dealing with it. My account is in accounts receivable for the eon being \"resolved\". I have not checked up on it since the last time I added a line to my family talk plan, mainly because its a huge headache to deal with an issue like this.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1512467-100x100.png\")
http://www.fair-debt-collection.com/SOL-by-State.html#9
\"District of Columbia Statutes of Limitation
Contract, open account or credit card account: 3 years from the date of last payment or last charge. NOTE: An oral promise to pay re-starts the three years.\"
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-449511-100x100.png\")
I don't believe the statute of limitations would apply here. If you owed me money from 10 years ago I can still refuse you as a client. I may be unable to legally collect the debt but you can't force me to deal with you again.
This is my take on the matter. AT&T is not asking to be paid, they're just not interested in having him as a client. AT&T sold the debt to a collection agency and they don't even know who owns the debt anymore.
Statue of limitations, fair debt collection laws -- none of them apply to AT&T here.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-1523089-100x100.png\")
The statute of limitations in most states is negated if the \"collector\" makes \"continuous efforts to collect the amounts due.\" In my home state, that translates to making at least one effort to collect every 6 months. If they turned this to a collection agency and you did not pay, you may still owe the money. Many big corporations actually own the subsidiary collection agency so don't actually \"sell\" the debt. Even some independent collection agencies no longer buy the debts. Rather, they contract to \"attempt collection\" for a set percentage. If they fail to collect within a specified time period, they can hand the debt back to the original holder who can then start collection attempts.
IMPORTANT! If, at some point, you made some payment towards this debt, and they can show that, you have basically admitted to owing the debt. Keep that in mind as you read.
Call the collection agency and ask them if you owe money. They will probably still have some record. Tell them you are disputing the entire debt, including collection costs, late fees and any other charges pending proof of the debt and proof of their authority to collect. Of course, if you are hiding from them, you will have to give up your hiding spot so they can mail the documents to you. Follow this up with a letter (return receipt) making the same request starting out by saying \"This letter is to follow up on our telephone conversation of \"insert date and time - name of individual you talked with\". Continue the letter making your request. At the end of the letter, write something to the effect that until you receive the requested documentation you will consider the billed amount to be not only unauthorized but possibly unlawful and that you expect all collection attempts to cease until the passage of a minimum of thirty days from the date they mail you the requested documents. This will be a serious amount of work for them and quite often, they will toss the whole mess and forget about it. Not always though, so don't necessarily expect that.
However, if they ignore your request - and they may - you can file in your local small claims court. It is not likely that they will pay anyone to show up as they cannot collect attorney fees for small claims.
I had a similar issue last year with AT&T.
Except it wasn't me, it was my daughter. And her debt was incurred 5 years ago, and was tied by AT&T to her social security number too.
Did I mention my daughter is only 3? And the debt was for a land line in Florida? (We live in Virginia and have never been to Florida).
Multiple calls along with between multiple departments of AT&T and the debt collector finally stopped the process (along with \"Consumerist\"-wordsmithed letters per the Fair Debt act send via certified mail). I wasn't told, but got the impression that some business jsut made up an SSN when they had the line installed way back when, and it just happened to be the one assigned my daughter when she was born years later. Go figure.
So, the fact that AT&T has a debt reportedly tied to the OP's SSN means nothing. Use your fair debt collection act rights making them verify the debt via certified mail, and take it from there.
Chris
If the charges were actually from California, California has very short statute of limitations, 4 years, so they can't collect. If the charges are from District of Columbia, 3 years. Definitely do not pay anything as that can restart the clock in many places.
There are many debt companies that use bogus tactics to say you owe something. But since none of them are coming after you, this is likely something that is dead already. If it isn't already on your credit report now, it isn't likely to show up. If it does show up in the next few years, you can always challenge it. But before that happens, someone is likely to send you a letter which you can respond with the statute of limitations as well as the verification.
I agree with the others, dump AT&T altogether, not worth the hassle of trying to get a mega bureaucracy to fix it's records. AT&T really runs a bad wireless business. I used to have a corporate plan spending $25K a year with them and they were awful. Verizon is expensive but they at least take care of you.
+1!
Best answer here!
This is most likely \"TIME BARRED DEBT\". Check the statute of limitations for your state. If anyone contacts you to collect this just use the term above. Also tell them if they continue to call and harass you it will lead to a call to your states attorney general, their A.G. and the FTC. Most likely just using the term time barred debt will let them know you are not going to roll over for them. They will move on to find another person to scare.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-6740-100x100.png\")
Is anyone actually trying to collect this debt? I thought the FDCPA only kicked in if there was an a collection attempt. Obviously he didn't know AT&T had him in the red, and no one was calling/mailing him about it, so I'm unclear on how this is actual debt that needs to be validated and it's current ownership surmised. It might suck that AT&T won't give you service, but it's their error and just about anyone can say \"oh, you owe us $__\" but without a bill in my hand, ding on my credit, or collections call, it's not going to worry me one bit.
Also, by no means should you try to chase down who owns this debt. It's their job to find you if the debt is valid -- don't do their job for them by showing up on their doormat.
I want to reiterate what others have said:
DO NOT PAY A SINGLE DIME OR THE CLOCK WILL START OVER.
This is almost off your credit history but if you give them ten cents it will start over. When they call just say you will only deal with this in writing and then ignore their letters. Don't discuss it, don't pay it, ignore it.
Even if it does somehow erroneously end up on your credit report as new it will be much easier to get that fixed through the credit reporting companies than sleezebag collectors of OLD debt.
Verizon. Droid.
Do you have documentation that you closed the account at all? If not, it still seems as if AT&T has as little proof that you owe the debt to anyone as you have a lack of proof that you don't. If they can't prove that you owe it, then you don't. I'd say there's ground for a small claims court suit to have the charges dismissed. Even though they say you do not owe the debt to them, they are none-the-less responsible for the current troubles by having said that you owed the debt in the past, and then selling the supposed debt to another company.
On their end, I'm sure they've already written off the amount you supposedly owe, and were even paid a little for it by the defunct collections agency when they sold your debt along with a package of other accounts.
Sprint tried to do this to me years ago. It took a lot of hours on the phone with various CSRs and managers before I had the amount dismissed. It wound up being caused by someone not closing my account properly. If I had known then, what I know now, I would have simply filed a small claims court suit and saved myself a lot of stress and time. I recommend you do the same, and if possible, ask the judge to, as a part of his ruling, declare that AT&T MUST actively ensure that this does not negatively affect your credit report on pain of a potentially significant financial penalty. Something like this gets more likely the more documentation you have.
Good luck.
AT&T claims I owe them over $100 for a bill I do not have. First Revenue STILL calls my defunct phone number all the time, multiple times a day, it had got to file harassment claims, and file letters rejecting the said bill on my credit report. First Revenue Assurance isnt even a claimant on my credit report, so its even more strange.
From what I understand, my research, and experience is that First Revenue is not a legit creditor and they use illegal tactics to scare people into paying more then a bill might be for starters (for those who have legit bills from AT&T), and also creating bills for accounts cancelled or non existent when AT&T loses a customer (as Ive also read)...who were out of the clear, paid their ETF and bills.
Personally I think if AT&T and First Revenue cant provide you with a bill, or collection notice, then they are liable to have it reported as paid, and removed from your account, and offer you new service. I might suggest saying to hell with AT&T (they have really bad coverage and CS) and going to T-Mobile (who roams on AT&T in those better ATT areas) or Sprint - both companies have options for \"lack of coverage\" to help people out, also both are really good with people who have bad credit.
Visit: http://hubpages.com/hub/Letters-to-make-debt-collectors-stop-calling-you
They must send you a letter in 5 days after the initial call also. If they have not, they broken the law. This web site above tells you how to handle the calls, and follow up letters.
Also, check the Statute of Limitations at http://www.bcsalliance.com/y_debt_statelaws.html
If they are out of your states limit, do the followup paperwork, do not ignore it.
I sounds like to me, you owe nothing after 6 years.
If you need further help, also check into contacting Clark Howard (from CNN), http://clarkhoward.com
\"Richard says AT&T tracked him down to tell him he had an unpaid bill of $1,671.98, \"
I missed the part where AT&T did this or where Richard claimed they did this. He went into a store and found out about the debt when he tried to open a new account.
On the accurate side, you have the correct amount of the debt . Oh, and AT&T was involved. :-)
To all those claiming \"statute of limitations\" the statute of limitations only applies to how long the creditor has to seek legal remedy against you (i.e. sue you) for monies owed. There's no limit on how long the creditor can go on claiming you owe the money.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-482109-100x100.png\")
If they can not produce copies of the ledger detailing charges they can not legally hold you accountable for the debt. so demand copies of the ledger. if the customer service rep you talk to hems and haws ask for a supervisor. if they claim they cant produce ledger copies ask for his supervisor or executive customer service. I guarantee you they have no records from that far back. if they do at least you have a better idea of where this may have come from and if you actually owe it or not.
You do not have to pay debt that is considered too old by your state. Every state has laws governing the time in which a person or entity can file suit to collect a debt. Generally, a creditor or debt collector gives up his right to file suit to collect a debt after a period of up to six years from the time the debt was written off (or the date of last activity on your credit report), but various states allow anywhere from 2 to 15 years to collect delinquent debt.
Washington DC: 3 Years
California: 4 Years.
If a debt collector contacts you regarding an old debt, do not admit that you owe the debt and do not agree to make any payments. Simply tell them that the \"statute of limitations has run on this debt and do not contact me again\". If they continue contacting you, send them a certified letter, return receipt requested, telling them not to contact you about the debt again. Remember -- DO NOT ADMIT THAT YOU OWE THE DEBT, DO NOT AGREE TO PAY THE DEBT, AND DO NOT AGREE TO SEND ANY MONEY TO THEM. If you do, then the statute of limitations might start running all over again, giving them the legal right to sue you.
You have the right to request a free credit report anytime that you suspect that fraud has occurred on your credit report. In this case, if the statue of limitations has expired and an entry or inquity for that particular item appears on your credit report, you qualify for a free credit report from each credit bureau to dispute (and remove) them from your credit file. Tell the credit reporting agencies: \"I am disputing these entries because this is an old debt from years ago and the statue of limitations has expired.\"
I'm not sure if you can play this card with AT&T or not. You can tell them that this is an old debt and the statue of limitations has expired. However, AT&T may still decide not to provide you with its service. You may have to file some court action against them. It might also help to file a complaint with the Better Business Bureau for their assistance.
\"How do I resolve this issue?\"
Well, you start by not giving AT&T any more of your money. Why would you want to do more business with an inept company that has already admitted to dinging you for a bunch of illegitimate roaming charges? Do you honestly believe that they've gotten better since then?
Your dead, you are caught in collections agency hell. Welcome, I have a ding on my credit, when I can ask for more information, they promised to call back and they never did. Then they sold my debt (ATT too) to another collections agency. I gave up chasing it. If they want the money they will have to call me, they haven't and it's still just setting on my credit. As far as I know there is not a whole hell of lot I can do, other than write letters to collections agencies when I get bored, hire an expensive lawyer, or just wait it out. Curious to see what the pros have to say.
For starters, find out about the statute of limitations for debt in the state. 6 years is a long time, and if they haven't raised a fuss about it by now, you might be free and clear. Legally, anyway. That probably wouldn't stop some debt collectors...
most states have it set at 5 or 7 years but they arn't trying to collect on the debt. Really just finding another carrier is easier. Sprint gets great coverage in DC.
My wife had a debt collector call last year. Once they described the debt, she asked for a date on it. It was from 1990! So, she said to send proof that she still owes that debt. It never arrived and they never called back.