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Guest · Posted: Mon Jul 07, 2008 5:35 am Subject: what exactly is an "open account"?

alright, when it comes to SOL, what exactly is an open account?

I am dealing with a utility bill right now, a landline phone account. This would be an open account, am i right?

Posted: Mon Jul 07, 2008 6:31 am Subject:

You are 100% correct, open ended accounts have no preset amount it's not like you applied for a loan for X amount and it's given to you right there, the amount due can vary based on what is charged to it. An example of those would include utility bills, credit cards, etc.

Posted: Mon Jul 07, 2008 7:17 am Subject:

Most utilities are covered by the UCC SOL of 4 years but ONLY if your state has incorporated the UCC into state statutes

Guest · Posted: Mon Jul 07, 2008 7:54 am Subject:

either way it is outside SOL--the UCC is 4 years and the state law is 3...this is a phone account from a different state, and I know it isnt mine but they wont validate and they never sent me anyting or called either, they just put on credit report

so, sending one last certified mail letter today, because I also want it off credit report

Posted: Mon Jul 07, 2008 8:10 am Subject:

Did you dispute with the CRA's at the same time you sent off your DV?

Guest · Posted: Mon Jul 07, 2008 8:27 am Subject:

disputed with the cra's, yes, multiple times but they verify it as correct each time

the collector is portfolio recovery, if that makes a difference

they never called or sent me anything, just reported on my credit, plus i think they changed the date on it too so they can keep it on there. they have it as opened in 2003 but i didnt live in that state after 2002 so i know its wrong, but one of my reports used to say 2001 and it was changed to 2003 now

Posted: Mon Jul 07, 2008 8:35 am Subject:

Date Portfolio opened the account is not important, only the date of first default. If your DOFD is 2001 then it should drop sometime this year or early 2009 (up to 7 years + 180 days). Call the reporting CRA's and ask for the DOFD as reported by Portfolio. I would send a final DV CMRRR, when the CA signs for it, mail in your dispute to all 3 CRA's and enclose copies of all previous DV's. State that despite numerous requests fro validation from Portfolio, they have not provided said validation in violation of the fdcpa. Demand that the CRA's delete the TL on that fact alone. Also, if Portfolio verifies the dispute before providing validation, then that is a violation as well. If all that fails, send them an intent to sue (ITS) and enclose the first couple pages of the complaint. Just be prepared to file (approx $50 to file in small claims depending on jusrisdiction).

Posted: Mon Jul 07, 2008 4:17 pm Subject:

You can also demand from the CRA's the CA's method of verification.

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what exactly is an "open account"?

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