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Everything posted by CreditSucksNot

  1. The new Texas law is not about current debts but about 'zombie" debts. Texas previously had very lax laws regarding what it took to reset the SOL on a debt. Even a $5 payment on a 20 year old debt or simply acknowledging they debt could reset the SOL and make it active again. The new law going into effect closes that loophole. Now once the SOL is expired if a debt collector wishes to dun a Texas consumer they are required to include that language that openly states under the law they can no longer be sued for the debt etc. so that consumers are aware this is a zombie debt and they are not required to pay it legally.
  2. The copy of the ad in the article actually does state it. It said that fishing licenses were not included and that a separate stamp specifically for salmon would be needed at an additional charge above the license fee. It also said that if participants did not have a license already they could purchase one at the fishing lodge the night before. He got what he paid for: to go fishing in Alaska and try to catch salmon. He DID catch 2 salmon to be exact. No waders POSSIBLY equates to a discount not a full refund. Would he have demanded a refund had they not caught any fish? The excursion does not guarantee they catch fish.
  3. They are using your address to commit fraud. Do you by chance work where no one is home during the day? This happened to a friend/colleague. One day over lunch she tells us how she received a mailing from the major bank they used for someone else that contained a new debit card. It was NOT her account number or identity. She turned it in to a local branch and they told her not to worry about it as it was probably a mistake. Several days later a package came addressed to that same person that was on the bank mailing. Then other mail. Then debit cards in 9 other people's names. When we heard this we told her someone was using her address to commit fraud because they were not home during the day and who ever it was could go through the mail and take out their fraud stuff before she and her husband got home. She notified the police filed a fraud alert. Atlanta PD did investigate and watched the house for a few days and busted a couple when they went through the mail. My guess is someone may be using your address to commit fraud and is going through your mail and picking up items delivered to the house that were bought with stolen credit card numbers. I would notify the cops immediately and put a fraud alert on credit reports before this escalates to more than your address.
  4. No. You need to get copies of EVERYTHING in the court file. Until you see what the court sees you are only guessing at why they are taking their actions at garnishment. Sadly, you could have filed for a continuance due to being hospitalized or had the judgment vacated for excusable neglect for being in the hospital but that is moot now that they have garnished the wages.
  5. YOU are the one who wants/needs the continuance. Why should they pay for it?
  6. The CSR drone you spoke to may be partially correct. The debt is with a third party and they cannot take payment including you must speak to the party it is with. MANY collection contracts are written this way. It is to prevent the CA from doing all the leg work and putting the hours in to have the consumer bypass them and pay the OC. It is also because some collection contracts are written that the CA is paid on contingency of collecting. The CSR may be assuming it is sold because the account is coded you must deal with the third party CA it is with.
  7. OMG she looks like a younger version of Madame. The only thing missing is Waylon Flowers!
  8. Under the doctrine of necessities BOTH parents are responsible for medical bills for a child regardless of which parent carries the policy. Your divorce decree may spell out more specifically which parent carries the policy, who pays deductibles, co-pays etc. but under the law both parents are responsible for their children's medical care. When you say insurance was there a personal injury case or did all payments go only through his medical insurance? If there was a PI settlement I would start with the attorney and see if the claim was ever paid.
  9. Your reading comprehension SUCKS. I didn't advise them to contact ANYONE. I said I would NOT engage them but if the CA did call the OP again I would get an address to send a cease and desist. Learn to read.
  10. That does not necessarily absolve the former spouse from the debt. If you were jointly responsible for the debt then his filing bankruptcy would not wipe out your obligation on the debt. The other problem is the verbal agreement he would pay the debts in the divorce is that the creditors are not a party to that agreement. Even a court order from the family court that he pay would not have removed your legal responsibility on the debts involved. If you were the insured or the patient you would still be responsible even though he filed for BK. The good news is that the SOL to sue over the debt has lapsed in WA state and this is probably a hail mary attempt to collect before the SOL for reporting expires. I would not even engage them if they do call back. You have nothing to gain. If anything I would get an address and send them a cease and desist letter.
  11. I had to travel to Phoenix on business. My boss booked a condo at the Diamond Resorts at an unbelievable rate. The down side was from the moment of check in to departure they hammered me to attend a seminar. Never mind that I had to leave at 6 am for meetings all day. Worse: they had my phone number from the registration and for an entire year got sales calls despite repeatedly telling them to stop calling me. ZERO chance that I would ever purchase a time share.
  12. There is no magic method to rapidly improve your credit scores. If you manage your debt appropriately your scores will reflect it. That means no late payments, good debt to income ratio, low utilization and good accounts reporting. Just to name a few.
  13. A google search revealed no information on this. My neighbor runs the billing department at a large hospital and it took us almost 20 minutes to get him to stop laughing when he read your statement. He says there is no truth to this what so ever. Please post some links to sites that have documented this occurs in the medical billing practices.
  14. The last activity is either the date of care or when you last made a payment to the hospital on the account. Which ever is later. There is no requirement they notify you before reporting. It is not a violation to do so. Sorry. I would send the CA a debt validation letter to buy time. The problem you have is the SOL is very much still alive and it appears they do sue over these debts.
  15. If the letter is correct then it appears the debt has been sold. Not common with medical debt but does happen. That means charity care is definitely out of the picture as the hospital has no role in this anymore if the debt has been sold. Worse: the debt buyer has NO obligation to offer charity care. If the debt has been sold: not helpful at all. A google search reveals there are a LOT of problems with this CA and this "law firm" and I use that term loosely. The negative BBB complaints along with the number of consumer attorneys offering free representation against them is mind boggling.
  16. Freezing your credit report does not prevent a creditor from reporting a debt. It only prevents someone from applying for credit in your name without the authority to unfreeze the reports or for creditors to screen for new credit randomly by accessing your reports.
  17. Did you follow up with the billing department or patient advocate? Unfortunately there is no legal requirement the hospital give financial assistance to patients even if they are not for profit. Though most do. The biggest mistake patients make is not providing all needed financial information documentation such as pay stubs or tax returns to qualify for financial aid. It is not enough to simply fill out the application and assume that is all that is needed. Once you apply the hospital is not required to chase you to complete the process the onus is on you to follow through. Unfortunately if the care was 4 years ago it is probably too late to apply for charity care now. You can try and follow up but it may be too late as you waited so long to follow up from the application. If they have a valid business agreement with the CA then it is not a HIPAA violation to provide the records needed to collect on the debt. Be very careful. Typically hospitals only share the records like that when state law allows the CA to sue for the debt on behalf of the hospital. They may be getting ready to file suit if this is a law firm involved now.
  18. On this "list" is ANY of the reasons you are disputing accurate on your side i.e. the balance is wrong or are you just throwing reasons at the bureaus hoping something sticks? Also, FYI: they are not required to delete if it isn't accurate only to correct the trade line so it is. Then getting it removed is even more difficult. Once they know they cannot use the courts to collect the last weapon they have is reporting to the bitter end so they will respond to all disputes through the bureaus.
  19. Those are NOT collection agencies they are junk debt buyers. They purchased your account. The problem you have is if you are sending a DV based on the trade lines on your bureau reports they do not have to respond at all. They are only required to respond to a DV sent to them within 30 days of the FIRST contact with you either by phone or mail. Only a couple of states allow for DV outside the standard FDCPA time frame but you have to invoke that law in your letter. What state are you in? NO. When did you default on the account(s) with the original creditor? If the SOL for lawsuit is still alive all you would be doing is waking a sleeping bear. You may have already done that by sending two DV letters. We get that but if they are reporting accurately there is no magic method of simply disputing them off and you need a LEGAL basis to sue. What state are you in? When did you default? Those 2 major things determine any next possible action.
  20. NO. The FDCPA never applies to original creditors. Unfortunately the FDCPA will not apply if they do not validate because they are only required to respond if you send the DV letter within 30 days of their first contact WITH YOU. Reporting to the bureaus is not contact with you regarding the debt. The second problem is the FDCPA only requires they cease collection efforts until they do validate. The courts are deeply divided on whether a trade line on a credit report is collection activity. Until a case is challenged all the way to SCOTUS and they issue a ruling there is no telling how your courts would interpret not removing the trade line. There are a couple of states like California or Texas that give additional rights to their residents beyond the FDCPA. What state are you in?
  21. Not really. Many creditors realize that eventually you will want or as in your case NEED new credit and be forced to deal with them. If they know that is the case they have all the leverage regardless of how many of you are affected. There is no requirement they ever send a dunning letter. It breaks no laws at all nor is it a violation of the FDCPA to report the debt to the bureaus without dunning you. In fact it gives them the upper hand because if they never dunned you they can ignore your DV. The FDCPA only requires they respond to a DV letter you send within 30 days of their FIRST contact with you. Reporting it to the bureaus does not count. The rental collection is NOT a problem with the bureaus. It is a problem with the landlord. You would need to start there.
  22. Unfortunately if an insurance plan is involved the amount billed is contractually obligated. They cannot discount your portion it would be illegal rebating. This is always an option and best set up prior to expenses if possible. Also a good option as well. I would speak to providers about setting up a payment plan first as that would be interest free. If that is not an option I would look at a loan next to pay off the obligation and a credit card last as the interest rate on those is almost doubt what a loan would be.
  23. You couldn't even get a DV letter to them how are you going to sue? You won't locate anyone. This is a scam. There is no registered agent because they are not a legal licensed business. The scammers phished enough of your information from a hacked data base and are hoping to scare you into paying. Odds are high they are not even in the USA. They use prepaid burner cell phones, spoofed phone numbers, business names that mimic real businesses knowing that many will do a Google search on them, and mail drop boxes if they are in this country. Even if by some miracle you did happen to locate some entity to serve they will allow the default judgment, close up shop, change names and continue business in another city/state.
  24. When I bought my house I made a list of what was most important. For me since I LOVE to cook a great kitchen was VERY important. I think a master bedroom should be a retreat so a good one with a great bath (stand up shower and garden tub) was next, and a good central area for a large screen TV and group/family time was third. The rest: meh. If you do this and get a great agent you should have no difficulty finding something in your price range pretty darn close to what you want that only requires minor changes to be that dream home. Keep in mind that the vision changes over time and paint, carpet and minor remodeling is great. An entire construction redo will rob you of your sanity and all your money.

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