Question about a food service contract
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Posted by in VA
(67.108.113.66) on May 14, 2004 at 12:00:32:
In college (1996 or 1997) I signed up for a meal plan that required an initial down payment of a few hundred and then you would work down from that amount to zero. When you went over or used up your initial payment, they would extend credit of $100 a time and send out a notice, but would not threaten to cancel the account. Initially the account was to be paid by my father, but as you can imagine, he was unable to do so. I too, was unable to pay it so it went into default. The last time I used the account was in 1997 or 1998. I dont have the documents or contracts specific to the account currently, but I imagine I can request them from the company. Anyway, over the last few years there has been some contact with them, but no legal action. There is a possibility that a resolution was reached in 2000, but my father and I can't seem to find the paperwork. Just yesterday I recieved a letter asking me to contact them, along with the balance due. This is the first contact we have had since last January. Back then they called me at work and I requested that they no longer contact me there and gave them an address where I could be reaced, along with a request to send me paperwork and other documentation supporting their claim. I recieved nothing until yesterday. As both parties are in Virginia (no diversity), this will strictly be a VA State Matter. So, I have looked all over for statute of limitations and discovered that the SOL for oral K's is 3 years, written K's 5 years and promissory notes 6 years. WOuld this type of agreement/contract qualify as a promissory? I dont think so, therefore I believe I am under the written K SOL and therefore (assuming the last time I used the K and it became due was 1998 or 1999) there is no right to action. If Im wrong (and putting aside the possible resolution a few years back), can anyone point me in the right direction? Thanks in advance.
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