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Skypilot54

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  1. Thank you Centex. My sister has been in contact with my dad's attorney's office regarding his will and other issues. The attorney who prepared his will has since retired and another attorney will handle is estate, or lack thereof.
  2. Hi all. It's been quite awhile since visiting here, but I have an unusual situation where I can use some guidance. My 90 year old dad has been in and out of the hospital since last May. For years we had no idea how bad his financial situation was, but it was clear he had been in trouble for a long time. He's had two BofA cards that were maxed out and which he stopped paying on back in May. Prior to this he was only sending them $25/month, thinking that would keep him out of trouble. This last round he had been in the hospital since before Christmas. My sister was collecting his mail and he received a collection letter on Friday 1/31 on these two cards. Unfortunately, he passed on 2/2 and we just got back from his funeral. He has no assets except his house which has a mortgage on it, and his life insurance doesn't even cover his funeral expenses. He was barely making it on his social security check. My question is, since he is now deceased, should we start with the usual validation process, or reply to the letter saying he is now deceased? In his will he bequeathed the house equally to his five children (our mom passed back in 2008), so technically after all of the paperwork is done, the house belongs to the five of us. Any guidance would be appreciated. I'm going to be away again for a few days so I won't be able to respond to any questions until Wednesday at the earliest. Thank you in advance.
  3. Thank you. The amount is correct and there is an established relationship between the AG and the CA. The AG was sending the bills and trying to call with obsolete contact information, so this is a billing error on the part of the AG.
  4. It's been a while since I've visited the boards and I understand that some rules may have changed regarding HIPAA. Yes, it's been that long. Anyway, my wife received a letter from a CA on Saturday for a medical bill. It's related to surgery she had in November last year, and is from the anesthesia group (AG) from the surgery center. The reason it has been sent to collections is because the AG has been sending bills to an old address where we haven't lived in 3 years. They also said they've been calling .. to the old landline number we had back then which we dropped because we only use our cell phones. When she asked the AG where they got that information, she was told from the "hospital". The surgery center where this all took place had all of our correct information at the time, including my wife's cell phone #. Funny thing is that she has had another surgery this year at the same center, with the same AG, and she was billed correctly for that one. And apparently the CA has a correct address. Since this issue is in its initial stages, I'm wondering about first steps. The bill to the OC is valid. Our complaint is that everything was going to the wrong address. My wife talked with the OC yesterday, which is how she found out they were using obsolete contact info. The balance owed is relatively small, less than $100, but there is no way we are paying the CA. We have really good insurance and this bill is for the patient portion. My wife is waiting for a supervisor from the AG to call back to inform whether they will pull it back from the CA. Initially, the person she talked with said we had to pay the CA, my wife said absolutely not, she would pay the OC. We have a family attorney and will get her involved if necessary. We both have scores in the 800s, so this will be a fight that we are more than willing to take on. We've done nothing yet except that she called the OC to see what this was about. Does this warrant starting the HIPAA dispute process right away? We haven't gone to the CRAs yet to see if it's being reported, and we'd done nothing with the CA. Should she stop talking with the OC, or get everything in writing to/from them? Thanks.
  5. DW applied online and was approved for a Southwest Airlines Chase card with $14K CL. She requested a CL of $7500 and requested a BT of $6300 to HSBC to zero out that account. Somehow Chase interpreted her BT request as $75,001 and she received a letter today that stated they could not BT her entire request, so they transferred $13,500 of the $14,000 (yes, leaving $500 available) to HSBC. Her balance on HSBC was only $6300, so they sent more than twice the amount (for which she will be charged a BT fee). She just spent over an hour between Chase and HSBC trying to get it straightened out. She hasn't received the Chase card yet. The electronic transfer was authorized yesterday, and according Chase, they can't stop the transfer, and according to HSBC, they can't refuse it. HSBC is somewhat civil in talking with her, but Chase, not so much. According to them, it's all her fault for requesting $75,001. How they got that number we have no idea. She's gone up the supervisor chain, but the best she could get from HSBC is to watch her account and as soon as the transfer shows up, request a refund. HSBC could take 30 days from date of receipt to process the refund, and Chase will credit the excess BT fee if the funds are returned to Chase within 30 days of being sent. Unless HSBC puts a rush on the refund, there's no way Chase will get the funds in 30 days. Any suggestions would be greatly appreciated. Thanks.
  6. Maybe I missed something here, but you state on your reports Asset is the OC? Did you every apply for credit with Asset? Did they ever grant you credit? If not, they cannot be the OC. Correct?
  7. ClarkeCO, I know they can call one more time, but only to tell us what the next step in the process is, either to take us to court or to stop calling. I also thought about bona fide error. Anyway, I heard back from the LEO this afternoon. He's going to give me a copy of his recording this weekend. Bottom line, we won't be hearing from them again. And if we do, all kinds of H3LL is going to break loose on MNK. From what he told me about the conversation, he was very persuasive.
  8. MNK will be receiving a phone call this morning from my friendly (?) neighborhood LEO. Strangers contacting minor children is not taken lightly around here. I went to Radio Shack last night and got a recorder and recorded the message from DD's cell phone and took a snapshot of the number/date/time from the call log. LEO is also recording the phone call ... we're in a one-party state. I'm building a nice document trail to make them go away. I'm not letting them off the hook. BTW, this was Full C&D, not a DV.
  9. Referring to this thread: http://creditboards.com/forums/index.php?showtopic=364232 I mailed (CMRRR) my Full C&D to Mitchell N Kay on 10/9/08, and I got the signed green card back showing receipt on 10/14/08. My daughter received a call this afternoon while she was at school, so naturally it just went to voicemail. Guess who? I told her not to delete the message, very important. I was furious. I called the number that was left in the message and laid her out a new one. She denied that they called and that the 866 number was not them. ummmmm .... that's the number that I called and you answered. I told her about the C&D .... they don't have any letter in the file. I have the green card. Not my problem. She promised to delete the number from the file. They promised that the last time. I told her that now I was getting the police involved because they were informed the number they were calling was in the possession of a minor female, so I'm suspicious of a possible child predator. The phone was silent on her end. I'm waiting for a callback from a local PD investigator to see what can be done. I'm not letting this one go. Either they knew (or should have known) about the C&D and ignored it, or ...... Whatcha think?
  10. OK, C&D is sent CMRRR. I really don't expect anything more to come of it, but we shall see. Thanks for the assistance.
  11. How's this ... "To assure that cell number xxx-xxx-xxxx is removed from the file, this letter will serve as confirmation of our phone conversation this morning. You are to Cease ANY and ALL communication with my minor daughter at this phone number and at any address associated with this phone number. By this letter, I am also disputing any alleged debt in its entirety which you believe to be mine or my minor daughter's. " I can't exactly ask for validation when at the same time I'm telling them to cease communication. I'm really trying to stress the "minor daughter" angle .... after all, you never know where a potential predator might be lurking ... KWIM? A father can't be too careful, you know ....
  12. Thanks. Right now I am more interested in stopping the calls to my DD. Nothing is showing up on any of my reports, and they don't ask for either of us by our correct names. I will do the proper disputes if they do show up. If this *&^ who took the call had been nice about it, I wouldn't give it another thought, but because she was a pain, and because it's MNK, I thought I would take it one step further with a confirmation letter. She actually hung up on me in mid-sentence.
  13. Hello all. I have been lurking on this board for years and finally registered in early 2007. I have been a (business) credit professional for about 15 years (as an Analyst, not in Collections), and have learned so much about consumer credit from you, I can't begin to thank everyone enough. This board has become a daily read, and I really feel I know some of you personally from following the General discussions. For better or worse, I guess. Living in the business side of the world, I've never felt I had anything worthwhile to contribute to the consumer side, and I learn a heckuva lot more by listening than I do talking. I've been lucky to have a reasonable credit portfolio with scores in the high 700s, low 800s. That's not to say we haven't had our struggles, but we've been able to maintain. Anyway, here's my issue. Over the last year, my 15-year-old DD has been receiving calls from various collection agencies on the cell phone she carries for after-school. I know the general rule about staying off the phone, but since this is clearly a wrong number, I've had no issues returning their calls and telling them it was a wrong number, and so far everyone has been polite and removed the number without a problem. We don't know the person being asked for, and it seems the debt keeps getting passed from one CA to another. Until yesterday when she had a VM from Mitchell N. Kay. The following letter I want to send is self-explanatory, but I ask for your input before I fire it off, CMRRR, of course. ********* Mitchell N. Kay, PC 7 Penn Plaza, 18th Floor New York, NY 10001 October 8, 2008 To Whom It May Concern, On October 7, 2008, my minor daughter received a telephone call on her cell phone by a “Mr. Munoz†from your office requesting a return call about an “Urgent Matter†and referencing a file number ********. I assume this was a collection call. I called your office this morning and was advised (quite rudely, I might add), that the number would be removed from the file. We have no outstanding debt that would be in the hands of ANY collection agency. To assure that cell number xxx-xxx-xxxx is removed from the file, this letter will serve as confirmation of our phone conversation this morning. You are to Cease ANY and ALL communication with my minor daughter at this phone number and at any address associated with this phone number. I am assured that, as I assume you are acting in the capacity of a third-party debt collector, that you are aware of our rights under the FDCPA and Texas consumer protection laws. If the phone calls from Mitchell N. Kay continue, I will have to assume a ) that you are willfully violating our rights, or b ) you are not a debt collector and have some other reason for attempting to make contact with my minor daughter. Either way, rest assured, I will do everything in my power to protect my minor daughter from any and all attempts to contact her by unknown persons. I trust this matter is closed. VERY Sincerely, Skypilot54 (no signature) ********* So, what do you think?

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