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Everything posted by CreditSucksNot

  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.
  16. I have read multiple articles an the AirBnB problem(s) and I think they were preventable and a long time coming. When it started AirBnB was a great alternative for travelers looking for something more reasonable in price and location than major hotels with resort and parking fees along with high taxes. A LOT of people in major markets (Vegas is one) bought dozens of properties for short term rentals then scamdemic hit with the shutdown and they struggled to hang on. Absent high booking rates they couldn't pay the mortgage(s). Those that survived the shutdown then faced communities tired of the out of control parties and the regulations and laws started clamping down. Next came the AirBnB fees, excessive cleaning charges and fines along with a draconian list of "rules" before you even walk through the door have pushed consumers to realize that hotels have more amenities and are less cumbersome for a quick trip out of town. Too many over invested in real estate as a get rich quick scheme through short term rentals. Between state/local regulation and HOA backlash combined with instituting rental policies that drove consumers away they are now in financial distress. However, I seriously doubt a housing crash is coming in the major markets. Demand for housing far exceeds supply and there has long been a cry that selling homes to short term rental investors is depriving the middle class the opportunity to own a home. Short term rental owners having to sell due to no longer being viable will simply infuse a sales market with properties that are very much wanted. The ones hurt will be those sellers who will not reap the equity profit other sellers have seen in the past 2 years because sale prices may come down as supply equals or exceeds demand.
  17. My guess is that the documents are insufficient as evidence of the debt in court. The employee having signed more than one, hundreds even thousands is not proof on its own that they didn't review the material. There are a myriad of ways to prove that the information in the affidavit is not valid or reliable from a legal standpoint and you would need that to prevail on your claim. You need to review the business records law(s) for your state and find out what is required in an affidavit for it to be accepted by the court and start there.
  18. NONE of that is required in validation. It is only required if they sue you in court AND you do discovery and request it. The court could also ask them to produce it, They are not required to prove anything and the bill is more than eneough to do so. They also aren't required to delete the tradeline only fix any errors if there actually are any. They are not the least bit afraid of this threat. They know it is empty. The FTC/CFPB and the AG do not take up the case(s) of individual consumers. Until they get THOUSANDS if not millions of similar complaints they won't get involved and the JDBs and CAs know it. You will get an autobot response from the CFPB and the AG won't respond with more than a "thank you for your report" email. Make sure you have solid LEGAL proof of damages. It takes way more than your saying you have them to prevail.
  19. One method of disputing the amount you owe when the provider did not send you a bill or submit a claim themselves is to find out from your provider what the contracted amount is/was on the service. You can then make an offer to settle based on the contracted amount they were legally entilted to under your plan. I would ask why they didn't submit a claim or send a bill. Verify they sent it to your current and accurate address at the time of service. Informing them that all other providers claims for that date of service were paid timely except theirs because they took an unreasonable amount of time to notify you of their bill. Verify if they did submit a claim that it was to the correct insurance policy. I had a similar incident with an anesthesia provider. Suddenly was in collections when every other provider had been paid on the surgery. When I contacted them discovered they had submitted a claim but have NO idea whose insurance it was. Once they got the correct policy information in their system turns out I didn't owe the $980 they claimed. I owed $35.
  20. At best this is a zombie debt and beyond the SOL for suit and reporting and at worst it is a scam trying to scare you into paying. My money is on the latter. The threats of arrest, having papers to serve, refusing to send required information etc. is all signs it is a scam. There are 3 ways to make the calls stop. Stop answering them. Let it go to voice mail and eventually they go away. The other is to straight up tell them you know it is a scam, you will NEVER pay them. friends/family have been told of the scam, and they are wasting their time calling. Once they know you are not an easy mark they will look for another one. #3 is a personal favorite is I whisper forcing them to turn up the volume on the phone on their end then blast them with an air horn. Blowing out ear drums for an hour or so tends to stop the calls. I used to get them a couple of times a month but none in a few years now.
  21. And you would be wrong. A social security number is one of MANY ways that an account can be linked to a consumer. Now that you have one it merely confirms they are reporting on the correct consumer. There is nothing to "use against them." There are 2 major collection agencies that most corporate rental companies use for defaulted balances and neither does pay for delete and they will not reduce the balance owed. Only the property you owe money to can do that. Removing valid accurate information because you can't get a credit card or another lease after defaulting for a large amount of money on previous lease(s) isn't a basis for removal. Short of pay for delete or waiting for the 7 years for it to drop off it will stay. Once you disputed and it was verified it pretty much cemented the information to your report(s). Further disputes will likely be labeled frivolous by the bureaus.
  22. Were you in a car accident where a car was totaled or there were damages and you were at fault? This reads like it is a claim that wasn't paid or the coverage was not enough.
  23. If the Plaintiff is the hospital then the debt has not been sold. Even though that statement is not required in litigation many attorneys have started adding it to avoid counter claims that weigh down the process. Litigation is the one arena where the FDCPA rules about identifying as an attempt to collect a debt does not necessarily apply. One would think it would be patently obvious that someone being sued for money is an attempt to collect the debt. However, some consumers (not you OP) can't see the obvious many times.
  24. I can answer you question: because based on how you spoke and your acceptance she quickly assessed you were just someone having a hard day and doing the right thing adjusting the reservation. Polite almost always gets better results. I had a similar experience. I was traveling for business and had just got through security at the airport when I received a text that the surgery I was heading out of state for was cancelled for health reasons for the patient. Because travel had been arranged that morning complying with a 48 hour cancellation window for the Embassy Suites hotel was not possible. Instead of going through our travel site I called the hotel direct. They stated the policy and I said I understood but had hoped they could help and that is why I called. I was put on hold same as you were and in the end they wavied the policy that one time and didn't charge us. I thanked them profusely and told them I would let my company and the travel site know of their generosity and efforts (which I did). When the trip was rescheduled 2 months later I could have saved money and stayed somewhere else but booked that hotel. I ended up meeting the manager at breakfast and told her the story which she remembered them asking her to waive the charge and she did. She expressed her appreciation that I had remembered and stayed with them even though it was a bit higher because they had a large group in the hotel that week. THAT is why people like you and I get customer service and others don't.
  25. You say this like it is brand new information and not a practice of the car selling industry for decades. To give an example of another industry rife with fraud: out here in the west if you buy a house (possibly everywhere) the solar panel "companies" get your information and swarm like cockroaches attempting to sell you panels. (thankfully I was forewarned by friends and neighbors it was coming) along with windows, pools, landscaping and every other home service you can think of. Most beat it when I told them explicitly where to go. One guy showed up 18 months after I bought and moved in. The problem with him though is he had a badge on that made it appear he worked for the actual electric company. I set an appointment believing the inspection he needed to do was an actual safety inspection. After he left I figured it out and was so angry I called my city council representative to complain. He readily agreed it was rampant fraud and the constant sales calls ignoring "no solicing" signs were annoying but that there was little they could do to stop it. I expressed my concern about naive seniors or others who would fall for the ruse. His answer was perfect: all I can do is protet myself and immediate friends and family to a certain extent. I cannot protect everyone and it is up the consumers to educate themselves. That said he did look up the guy who cold called me and found out he was indeed giving the false impression that he was with NV Energy and he didn't have a business license at all. He sent the cops after him. At least one got was coming to him. I got news for ya bud: it ain't your job to protect the world. Your outrage means exactly NOTHING. Consumers need to educate themselves and these days there is a plethora of resources on the internet alone on car buying techniques and pitfalls. Some people learn by educating themselves first and others by the pain from a bad experience. Sometimes *Admin prohibits insults that reference an individual's intelligence.* needs to hurt.
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