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  1. Unfortunately accurate. This is my huge issue with self funded plans. They use a major carrier to provide the processing of claims but it is a self funded plan without the protections of actual insurance in many cases. If you are still within the SOL for suit for that amount of money it is VERY possible. With the new law(s) about not reporting medical debts more and more providers are going to move to litigation to get paid. We haven't begun to see the fallout from this change yet. If it were me I would lay low. This isn't a small amount of money and the expense of suing might be worth it to them. At least wait until the SOL for lawsuit expires but at least 30 days to be sure.
  2. THIS^^^^^^^^^^^^. Of course it is legal. The requirement or ability to update a trade line with the most current information is why it is recommended to let sleeping dogs lie instead of stirring up trouble. Disputing accurate or even slightly inaccurate information with the hope that the trade line will be deleted often results in a negative impact when a formerly dormant TL gets infused with new information and updated. The secondary fallout is that the trade line is now cemented to the report and will remain for the entire 7 years 6 months. Consumers often fail to remember the bureaus are not required to automatically delete a trade line with inaccurate information only to correct the error.
  3. "Reasonable" is a subjective term and open to interpretation. They do not have to do what YOU believe is reasonable only what complies with the law(s) on collection. Unfortunately all they have to do is produce a copy of what they say they sent. They are not required to prove you ever received it. Your being overseas favors them not you. If you sent a DV based on finding it on your credit report they were free to ignore the request and continue collection efforts without violating the FDCPA. While many CAs will still respond to a DV regardless it doesn't mean they can't continue collection efforts. Yes. Your dispute was based on finding their trade line on your credit reports. Your disagreement was based on billing procedures not it being identity theft/fraud, included in BK, your being the wrong consumer or any other legally supported reason. Any billing dispute you had needed to be settled with Comcast. ALL the CA is required to do is verify with Comcast the amount is accurate. Comcast says it is you say it isn't then you deal with Comcast and work it out. THEN if you prevail the CA has no basis to collect. Until a court or arbitration rules in your favor the debt is valid and collectable. The biggest factor that is going to trip you up on this is your being overseas for months and not being in a physical location to actually address this aggressively. I stand by my original assessment that I don't believe you have a case but that in the interest of expense Comcast is likely to fold and wipe it off your report(s) vx the expense of dragging it out.
  4. It is 100% dependent on how their contract with the collection agency is laid out. The terms of the contract govern whether or not they can pull it back and the CA has to delete it. I have seen this WAY too many times in the medical field. CAs inked contracts to be paid on a percentage of the account they collected actual money on. When consumers started bypassing them and going back and paying the OC the OCs told the CAs they didn't have to pay them a percentage because they didn't collect the funds the OC did. That is when CAs stopped doing those contracts and they wrote them to say once turned over to collections it stays there and the OC cannot pull it back and all payments are forwarded to the CA and recorded as a paid collection to avoid the first scenario. Feel free to call a few CAs and inquire if you wish to confirm.
  5. You don't say what state this is in but in many Federal jurisdictions reporting to bureaus is not collections activity. They can report it as a paid collection as the account was turned over to them prior to your paying Comcast. Many of the contracts creditors enter into with CAs specifically states that once they turn the account over to collections it remains that way even if the OC accepts payment and they cannot recall it as the CA is paid on percentage of collections vs. flat rate hiring. This is how the CA stops losing out on money for doing the collections work while the OC gets paid and they don't. As long as CCS reports a zero balance and paid collection it is correct. Did they send you a dunning letter and did you send a DV letter to the CA within 30 days of receiving it? They are not required to send you a collections letter prior to reporting or respond to a DV letter sent because you found it on your credit report or the OC told you it was sent to collections. They aren't required to delete because you paid Comcast. They are only required to update it as a paid collection which they did. Your being overseas doesn't change anything because it was for personal reasons and not part of the Soldiers and Sailors Relief Act. Had you been on military orders that would be protected. I don't think you have a case but my guess is that Comcast will fold in the interest of not spending a lot of money dealing with you and arbitration. Though they are a multi-billion dollar company and might think this is a good exercise and ride it out. Let us know what they decide to do.
  6. Yes. The scenario where this happens is the hospital is contracted with a collection agency and the terms of the contract are that if the hospital is contacted about payment on an account that has been turned over to the CA all payments must be forwarded to the CA. This is because it is common for the contract terms to be the CA is paid a percentage of the amounts collected vs a retainer fee. By allowing a patient to pay the hospital directly and bypass the CA doing the collection work the CA loses money. When the bypass payment method became popular a lot of collection agencies changed to these type of contracts to avoid hours of work and expense of mailing statements for no money earned. This site is not "staffed" we are volunteers. No one is sitting at a desk just waiting to answer new threads. It isn't a paid job.
  7. They don't "push" anyone to apply. Any consumer with half a brain knows those letters and emails are marketing material and there is NO guarantee of approval until you actually apply and authorize the hard pull. YOU as a consumer have to decide if the card and it's benefits are worth it. I currently receive emails from Disney for their VISA card. I just hit delete because I know CHASE is the underwriter and I have ZERO chance getting approved with a BK still reporting even though the rest of my reports are pristine now. They aren't pushing me to apply for anything. Maybe for you. I applied a couple months ago and was instantly approved and got a starting line of $7500. I am very happy with my card and the benefits.
  8. I got the same letter. I have a $5500 limit and zero balance so I couldn't care less. I only keep the line open because of its usefulness in keeping utilization lower.
  9. Adding to what Marv asked how much was the debt?
  10. There is good news on that front. KY updated their statutes at some point and the SOL for written contracts is now 10 years except for contracts written prior to July 15, 2014.
  11. When you say "just paid" do you mean this week, a month ago, an hour ago? It can take 30-60 days for a trade line to be removed by the bureaus once a creditor puts in the removal. How long has it been?
  12. Send a letter to the debt buyer and the law firm outlining that the father took him to the ER and incorrectly listed you as the financially responsible paret and enclose COPIES of the proof that he is financially responsible. If that doesn't point them in his direction and they sue you then you have to enjoin him in the suit or sue him yourself. You also need to go back to your divorce attorney and haul him back into court to try and keep him from doing this again.
  13. Depends heavily on what that prenup says. Given her attempts at cash grabbing now and getting Costner to agree to egregious payments seems to me that it is likely air tight and she knows if upheld she won't be getting that lottery style payout.
  14. That has been a major contributor to the fall off in bookings. Hosts started instituting cleaning fees of $75 up to $500 even for a one night stay while still expecting guests to do a long list of chores prior to checking out. Draconian and idiotic rules about using trash cans, stripping bed(s) washing the sheets and remaking prior to leaving, and not wearing shoes in the home are just a few. I can stay home and do that for free. Guests biggest complaint is why they are charged a huge cleaning fee (even for a 1 night stay) and still expected to do the cleaning themselves. It has since been corrected but until it was you booked and THEN saw the rules but you couldn't cancel if you didn't agree without forfeiting the deposit or rental fee.
  15. I am guessing (again) that they are going on the old defenses that worked after the 2008 meltdown that robo-signed affidavits were generated by the thousands and not reliable. Problem is that got shut down years ago when the feds and many states amended their business records law(s). MAYBE. Depends heavily on state law. Some states still require a wet signature i.e. live for the affidavit(s) to be valid. Possibly. They could also be looking to see if the signatures don't look the same as if someone else might be signing the affiant's name for them. Problem is even my live signature isn't the same given the number of pages I have to sign as part of my job at the hospital. Without knowing what state this is in we are basically flying blind trying to help on this one.
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