Expert: Apex Credit Services, LLC - 12/30/2007

Question
QUESTION: I would appreciate some help with problems I’m having with Comcast Cable Company.
 In January of 2002 I cancelled my service with Comcast cable. I
Immediately called and set up an appointment for them to pick up two cable
boxes. On the day they were to pick up the boxes no one showed up. I set up a
second appointment and arranged to be home only to have it happen again. I never
received a call from COMCAST telling me they would not be coming or to reschedule
a pickup time. Having already spent two days at home waiting for them, I felt it was up to them to get in contact with me about recovering the two boxes. I kept the boxes in storage at my home until SEPT. Of 2007. In September while cleaning out my garage
they were probably thrown away.

On November 27, 2007, I got a letter from a COLLECTION AGENCY claiming I owed
$300 for the two boxes. I never once was contacted in the 5 years 11 months since    Comcast was scheduled to pick up the boxes in regards to this. I never received a bill or
a request to return the boxes at any time from COMCAST.

I have these questions for you.

1.   Is it legal for a company to turn a bill over to a collection agency for which they have never billed us? If it’s not legal how do I file a complaint against Comcast?
2.   We had those boxes for nearly 6 years without Comcast contacting us about recovering them, during that time would the boxes become abandoned property allowing us to dispose of them.
3.   I was told the Statue of Limitations for billing for the boxes is 5 years and we can notify them that we would not be paying because  the Statue of Limitations has expired. Is this correct? I would rather they admit that they were at fault for not retrieving the boxes and drop the claim before using this tactic.
4.   I also believe that they are deliberately misrepresenting the value of the claim. The boxes in question were used and would be over 6 years old at this time. They are not high definition boxes so they would have very little or no value since they are obsolete. I could buy new digital, high definition boxes  for less then they claim these boxes are worth. I feel that because of this the amount their claiming is fraudulent.

Comcast has a reputation for poor customer service so I have my doubts as to whether I will ever hear from them to get this resolved.

I would appreciate any help, which you could provide.
         


ANSWER: Steve:

    1) Unfortunately, yes.

    2) That is a question that can only be answered by referencing the property law of your particular jurisdiction.  It varies among the states.

    3) It could be that the Statute is five years in your state and then again, it may be longer.  It is contingent upon the type of contract; i.e., written, oral, open, etc.  You need to reference your state's guidelines.  In any event, even if a debt is time barred they can still attempt collection.  The statute of limitations is only properly used as an affirmative defense in litigation.

    4)  This is largely immaterial.

    I wouldn't about any of the above unless this item was on your credit reports.  If it is, then I would request verification from Comcast under the FACTA amendments to the FCRA and dispute the item through the credit reporting agencies.

         Apex Credit Services, LLC

---------- FOLLOW-UP ----------

QUESTION: Thanks for replying.

I sent the same email to the Illinois Attorney Generals office three weeks ago. I have not heard back from them yet.
Their web site shows a five-year statue of limitations unless there is a written or oral contract.
I signed the usual cable subscription contract with them. The only oral contract if it applies is the two phone conversations where they agreed to pick up the boxes.

If the statue of limitations has expired and I notify them that I’m not paying because of that, can they report us to a credit-reporting agency?

We mailed Credit Protection Association, L.P. within a couple of days of receiving a bill from them that we were disputing the claim. Approximately two weeks later they sent us a letter stating that if we did not pay them immediately they would give us a bad credit report. We called them, and they claimed they never got our letter. They sent us an email acknowledging that we were disputing the amount of the claim. We told them we were disputing the claim in general not just the amount.

They told us we could only dispute the claim three times.
Is this true?

We feel like were being pressured to pay a bill which any reputable company would assume all or at least some responsibility for, do to there failure to pick up the boxes which they schedule to do.

Thanks again for any help.  

Answer
Steve:

    It appears that it is a five year statute of limitations which controls this issue.  However, again, this does not mean that Comcast cannot attempt to collect simple because it is expired.  To answer your question, yes, they can report the matter on your credit reports insofar as the FCRA allows accounts to be reported for seven years past the date of initial delinquency.  Frankly, I am surprised that it is not already there in some capacity.

    I would consider writing to Comcast and asking for verification of the account under the FACTA amendments to the FCRA.  In addition, I would also return the boxes to a local office.

    As for CPA, L.P. in Carrollton, TX, they have techinically violated the FDCPA already.  However, they are claiming bona-fide error which may be a suitable defense in this situation.  In any event, they must validate the account before taking additional collection activity.  That would include reporting an account tradeline on your reports or verifying the accuracy of something reported if you dispute it.  As for the claim you can only dispute it three times, that is inapplicable to any law.  Sounds as if it was a misplaced opinion or misinterpretation of an in-house policy.

         Apex Credit Services, LLC