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Middle of the Road: My Credit Repair

The last post in this topic was posted 3229 days ago. 

 

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I believe if you are listed as the guarantor, you are liable. I learned this the hard way. Under the terms of our divorce, my ex was supposed to pay all medical bills, including any amount not covered by insurance. However, since I had custody, I was always the one bringing the kids into the doctor which made me the guarantor. Unbeknownst to me, my ex was not paying anything above and beyond and I had no way of knowing since he was also the one receiving the bills. It wasn't until it went to collections (which for medical means you barely get 30 days) that I found out about it.

 

Ultimately, I got it off my reports, but it took a lot of time and effort. Sorry I couldn't give you better news.

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If you're the guarantor then you are responsible for any payments that need to be tendered to the account. Usually whoevers name the insurance is under is generally the guarantor.

 

Because you are the guarantor, they can legally report the account under your report.

 

 

Update on the Medical Collection that I've hired an attorney for.

 

 

WhyChat,

 

I've followed your advice all the way to this point which you recommended I hire an attorney to file suit against Equifax. I've found a lawyer and am sending them all of my paperwork on this account, but meanwhile:

 

I'll give you a quick run down.

 

-Opted Out

-Deleted Addresses and other Personal Information

-Sent Pre-HIPPA Letter (Came back Verified)

-Sent Med-DV to the CA (Never replied till NOW)

-Sent Follow Up HIPPA LEtter to Equifax (Verified Again)

-Filed FTC Complaint and forward it to Equifax (Verified Again)

-Filed FTC Complaint, BBB Complaint and Ohio AG Complaint against the CA (They forwarded this account to their attorney).

 

http://creditboards.com/forums/index.php?showtopic=438966 (Previous Thread)

 

This entire process began around June of 2010, but the CA did forward this to their attorney.

 

Here is what he had to say:

 

Dear Mrs. GoHooterGo:

 

Your husband has requested debt verification of vertain bills placed for collection with Finance Systems of Toledo. Because of HIPPA regulations, I am unable to forward the debt verification to him. I am, however, forwarding it to you. It is up to you whether of not you wish to share this information with him.

 

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

 

He includes an Itemized Statement, Inpatient Records, Authorization for Medical and/or Surgical Treatment, and Privacy Release Agreements, ALL which are signed by my WIFE, not me.

 

Under the Itemized Statement, I'm listed as the GUARANTOR INFORMATION, which has my name, address and phone number. Along with it is GUARANTOR EMPLOYER, which list my employer at the time.

 

My wife used my family health insurance through my employer for this medical treatment.

 

So, can they legally report this collection on my report if I'm not the patient, but my wife is?

 

Any ideas anyone?

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Thanks for the replies everyone.

 

I kind of figured since the insurance was in my name, that I'd be responsible for it, but the question still remains.

 

If I'm responsible for the account, then WHY CAN'T they provide me legal Validation of the account, but only to my wife, due to HIPPA laws.

 

My line of thinking goes, if you can't provide me legal validation, then you can't legally report this account under my name then.

 

I've sent all the paperwork I have on this matter to a local attorney for review, and I hope to have an answer soon. They are looking at filing suit against Equifax, but they need to review the timeline of events.

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IMO they have validated the debt with the letter they sent your wife. They are in a precarious situation legally as far as HIPPA laws go, and technically, they can't release her info. You are being held responsible for the financial aspect which is the whole point of a guarantor. The insurance was in your name at the time, so I don't think you would have a winnable case based solely on these facts.

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IMO they have validated the debt with the letter they sent your wife. They are in a precarious situation legally as far as HIPPA laws go, and technically, they can't release her info. You are being held responsible for the financial aspect which is the whole point of a guarantor. The insurance was in your name at the time, so I don't think you would have a winnable case based solely on these facts.

 

Where is MY VALIDATION? I thought we were all under the theory of NO DEBT IS MINE until it's VALIDATED? I understand the guarantor part, and have no issues with it, but there has to be a LEGAL WAY to prove that I'm responsible for this debt, other then saying:

 

Your the guarantor, now pay us. What proof (aka Validation) do you have that says I'm the "guarantor" of this debt?

 

I think some of you guys have forgotten PsychDoc's main rules, which one was: ALWAYS have a LITIGIOUS MIND SET when dealing with Collection Agencies. In my mind, all they have done so far is proven that my wife was the patient, TO MY WIFE.

 

They have not proven NOTHING to me, because they have not PROVIDED ME WITH ANY INFORMATION. The letter is not addressed to me, nor am I supposed to see it. So once again, WHERE IS MY VALIDATION?

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Also,

 

Update on the School Loan dispute:

 

Just received the results finally after 28 Days, and 7 Days of it being in the mail, it was verified.

 

So, now there goes my hopes they'd be forced to delete.

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Just got off the phone with the attorney for my Medical Collection.

 

She is taking the case and believe we have a great chance of removal and a settlement which will net us some monetary gains.

 

Yay! :yahoo:

 

I'll have to come in and sign a contract, and she wants to write up another dispute letter to send. So, we'll see tomorrow.

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IMO they have validated the debt with the letter they sent your wife. They are in a precarious situation legally as far as HIPPA laws go, and technically, they can't release her info. You are being held responsible for the financial aspect which is the whole point of a guarantor. The insurance was in your name at the time, so I don't think you would have a winnable case based solely on these facts.

 

Where is MY VALIDATION? I thought we were all under the theory of NO DEBT IS MINE until it's VALIDATED? I understand the guarantor part, and have no issues with it, but there has to be a LEGAL WAY to prove that I'm responsible for this debt, other then saying:

 

Your the guarantor, now pay us. What proof (aka Validation) do you have that says I'm the "guarantor" of this debt?

 

I think some of you guys have forgotten PsychDoc's main rules, which one was: ALWAYS have a LITIGIOUS MIND SET when dealing with Collection Agencies. In my mind, all they have done so far is proven that my wife was the patient, TO MY WIFE.

 

They have not proven NOTHING to me, because they have not PROVIDED ME WITH ANY INFORMATION. The letter is not addressed to me, nor am I supposed to see it. So once again, WHERE IS MY VALIDATION?

 

I was going to say something about all the caps, but I forgot that you usually don't like when someone doesn't necessarily see things your way.

 

I was thinking with a litigious mindset. They don't HAVE to provide you with every piece of evidence that they have prior to discovery. And they more than likely can get (if they don't already have it) documentation from your insurance company that you are in fact the guarantor. If all you are worried about is the validation and or delete, then yeah you may get those once involving a lawyer. Would you win a lawsuit if they actually deemed this worth going to court over??? That's a whole different story.

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Apparently my attorney feels differently then you.

 

They also agree, in order for them to "Validate" this account, they need to Validate the account to me, not to my wife, end of story. They have failed to do that.

 

Funny how we forget some of the most basic rules here. No debt is yours until it's been proven it's yours. Plain and simple.

 

BTW, I'm not trying to "skip" out on a debt, it is less then $500, and easily payable, but it's the LAST thing holding my Equifax report from being somewhat clean.

 

Everyone's goals here is to clean their reports and improve their credit (or obtain better credit cards). If a Lawyer ensures me they can do that, I'm taking it without hesitation if I've already failed at it.

 

BTW, not bolding/caps as "yelling", but trying to emphasize my point. You mention you believe they have provided validation to my wife by sending that documentation, but what about me? This account is affecting me, not my wife. They are asking me to pay, not my wife. So, provide me validation, not my wife.

Edited by GoHooterGo

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What are the HIPPA guidelines as it pertains to this matter? Bc didn't you dispute based on HIPPA and not the FCRA?

 

 

This is what is going to be the difference maker IMO. Bc technically, they can't provide you full validation without violating her rights under HIPPA.

Edited by wow

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What are the HIPPA guidelines as it pertains to this matter? Bc didn't you dispute based on HIPPA and not the FCRA?

 

 

This is what is going to be the difference maker IMO. Bc technically, they can't provide you full validation without violating her rights under HIPPA.

 

I used WhyChat's Pre-HIPPA Letter, Medical DV Letter, Follow Up Dispute, and yet another Follow Up Dispute.

 

I don't know the answer to that question, which is why I've hired someone that will.

 

But, I do know the follow up disputes more or less just said, Not Mine.

 

Oh well, I'll have more to report on this after our meeting Wednesday.

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What are the HIPPA guidelines as it pertains to this matter? Bc didn't you dispute based on HIPPA and not the FCRA?

 

 

This is what is going to be the difference maker IMO. Bc technically, they can't provide you full validation without violating her rights under HIPPA.

 

I used WhyChat's Pre-HIPPA Letter, Medical DV Letter, Follow Up Dispute, and yet another Follow Up Dispute.

 

I don't know the answer to that question, which is why I've hired someone that will.

 

But, I do know the follow up disputes more or less just said, Not Mine.

 

Oh well, I'll have more to report on this after our meeting Wednesday.

 

Yeah, please report back. I'm thinking in this particular case (bc you were not the patient), a DV based on the FCRA may have had more teeth. I'm curious to see if your lawyer will be including it in the new DV...

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It appears the attorney plans on overseeing the rest of my credit repair, since now ALL letters I send out pertaining to my credit, they wish to review and revise if needed.

 

My hopes was just to remove this Collection off my report, but if they feel they can remove other items, then I'll follow their advice and guidance.

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Just pulled my Equifax FICO Report, and it's still at 642...

 

Here are the difference between the pull on 10/10/10 and 1/23/11 are:

 

I went from 0% to 4% Utilization

I added one Credit Card (Hooters Mastercard)

No new INQ's

I removed one IIB Account from my 2007 BK

Two of my Credit Cards went over the 6 Month Age

 

I was kind of disappointed it didn't increase at all.

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Just updating my thread:

 

 

Yep, that's right, ME!

 

:yahoo: :yahoo: :yahoo:

 

701fico.jpg

 

This is the first time I've EVER hit over 700+ FICO Score in my LIFE! When I brought my mortgage at 18 Years Old, my FICO Average was 650.

 

Also, just went in to my local CU for a pre-approval on an Auto Loan. I'll know soon whether it's a go or not.

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Also, just went in to my local CU for a pre-approval on an Auto Loan. I'll know soon whether it's a go or not.

 

Good luck!!

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Also, just went in to my local CU for a pre-approval on an Auto Loan. I'll know soon whether it's a go or not.

 

Good luck!!

 

Pre-Approved!

 

APR will between 6.75% to 7.25% for a used auto loan.

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Just got a ScoreWatch update! My Equifax score jumped from 642 to 651

 

Other then that, things have been extremely slow other then I just purchased a car for my wife, so that will be one more positive tradeline added to my reports soon.

 

I have no updates on my progress with the CA's.

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I guess it is time for an update, if you call it that.

 

>My Best Buy Reward Zone MC got a CLI from $100 to $400.

>I bought my wife a PT Cruiser with the auto loan at 6.75 APR (@54 Months)

>Still have not heard back from my lawyer about the CA. I'm giving them till the end of March before I call them. The one time I did get ahold of them, they made it clear, they were busy, so I figured if nothing was happening after 2 Months, I'd find out what the deal is, but until then, I'll give them their space and time.

 

I have two things set to fall of my credit report this year, Verizon Wireless charge off (October) and Kay Jewelers 30 Day Late (The only one on my report other then my School Loan Lates) on December.

 

I won't be pulling another FICO Score for TU until April or May most likely.

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Just upped my secured card from $2,000 to $4,000.

 

Other then that, nothing else has changed. I'm hoping I get an auto CLI from Hooters at the end of the month, since it will be the 6th Month.

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Credit Limits must have an impact on credit scores.

 

At 4% UTL, my Equifax score was 641, but now at 25%, it's 658, but my BBRZ & CU Visa both have upped CL's since then.

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