retmar

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retmar last won the day on May 21 2009

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About retmar

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    500 posts and hasn't been banned yet....
  • Birthday 11/21/1946

core_pfieldgroups_99

  • Biography
    Retired Marine/Totally Disabled Vietnam Vet
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    Enjoy 15 living grandchildren (2 Deceased)/9 Great Grandchildren
  • Occupation
    Over 20 years as a Slot Shift Manager in Nevada Casinos, both Reno and Vegas.

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  1. For the past few years, I've been mostly absent here, have forgotten many things in deletion of TL's. Have a friend who is recently divorced. There were some accounts that friend was an authorized user. The primary on the account has since, due to divorce decree, paid off and closed accounts. Now friends score has tanked, dropping near 80 points. Must admit, this was a surprise to me. When I paid off credit cards, my score went up. True, accounts remained open, except one. My one concern here is if requests for deletion on AU accounts are granted, scores most likely will drop more, while leaving will help score, even if account closed. True or false? Another account, primary claimed a lost card, creditor closed, issued new number and card. OK! Now, friends report shows a balance due on old, though closed, account. Talked by chat with OC, told not on new account. OK! Won't change reported info on old. Is sending the letter, sent CMRR, the better option? Or, online dispute? Over the years, some have said one is better than the other. My thought lies online, to save "snail mail" time. I know new accounts will drop a score at opening, though, usually not that much. Friend opened two CC's in own name. Paid off every month. Goal is to raise score to purchase a home. Currently, scores hover at 700. All comments, and/or opinions welcome.
  2. I haven't read the whole decision, thus, unable to give an opinion on the whole, yet. For those who have not checked their state's statutes, do so. I say this, as the FDCPA gives the consumer the right to use whichever statute affords them greater protection, state or federal. California, for one, holds the original creditor liable under the Rosenthal, CCC 1788.1. IF they attempt to collect their own debt. If I recall, weren't there a couple of other cases some time back about this very question? Different phrasing, of course. I believe two of them involved A$$ET, one in Michigan, the other in Florida. A couple comments I'll make is that the question asked appears to be a "Play on words", not about Congress' intent in writing the statute. Remember, the FDCPA was written to protect the consumer, more so than the collector, while also protecting the collector. Nor, does it appear to explain how the least sophisticated consumer will be able to protect themselves from the collector, in some situations. Does this decision mean the wording in all written communications must be changed to protect all parties? Must admit I'm quite surprised the SCOTUS actually even considered hearing this case. Have to do some homework now.
  3. Do listen to them. The only thing I'll add is for you to look up your state's Landlord/Tenant Statute to see if the landlord acted as written. For example if your state requires you be notified, in writing, within 10 days of termination, you can be held liable. If not, they cannot collect. Some states are 30 day. I say this as you mentioned 60 days in your original post. It has been found in many suits like this where the landlord did pad the actual cost, so, absolutely, you are handling this properly. There are also some things they can't charge you for, mainly, what could be considered normal wear and tear. By this, if you lived there for 3 yrs, you may not have to pay for a repaint. But, if you did put several picture holes, you could be liable for only that, not the whole. Remember, they are only allowed to be "made whole", not profit. If you have any pics from your time there, get them out and look. You want to find things like how many pics on this wall, are there any noticeable stains on carpet, scratches on hardwood floor. As to appliances, any pic of the fridge open, or the top of the stove? I say this as I'm fairly sure you did not take pics before leaving. You're not alone, so, no sadness here. Why you want them is obvious. If the claim says you destroyed the living room carpet, you can show a pic of carpet and ask "Where is the damage?" With so many cell hones around, you should have a few. Ask friends and family if they have any pics. In your answer, you will deny all claims, period. It is up to them to prove all they claim, not you to prove your innocence. You want pics of what they claim. By this, demand they show proof that the repairs were done only on the damaged area, or item. You will find that some judges will also ask for this. You just want to put that bug in his/her ear. Scrutinize each receipt submitted, and challenge anything you doubt. And, of course note certain items claimed as normal wear and tear.
  4. ABD74, I forgot to include a statute that should also ease your mind on these "ADUB's". Read Code of Civil Procedure 116.420. Sub-section (a) says, "No claim shall be filed or maintained in small claims court by the assignee of the claim." This does not say you can't be sued, only that the assignee can't sue you. They can, of course recommend this to their client. Though no mention of an attorney is made, one must assume the attorney could file the claim as legal counsel of the original creditor. Read the whole section to understand all of it. I must admit that their claiming they are a "Ligation Services" for their client is clear in that they are a scam. I have never heard of anyone legitimate using that "name" for identification. Besides, if this was the first communication from them, meaning you have never been contacted before about this, also demonstrates a scam. Remember, if the first is by phone, within five days they must notify you in writing, with the required info. What you could do is if they leave a phone number, call if after hours to see who it connects to. Most legitimate collectors will have a recording that they are closed, and to call back during certain hours. Do not worry whether they get your number or not. There is nothing they can do about your calling a number left on your recorder to call. Check your PM's
  5. ABD74, listen to the others, and stop worrying. I'll add that you need to go to Radio Shack, or another, and purchase a battery operated recorder. They run probably $25 and up. DO NOT ANSWER THE PHONE AND RECORD THEM. Let them leave a message, then transfer it to your recorder. California is a two party state. Your post sounds like your payday loans were some time ago. If over 4 years, do not worry about it. They're barred. Also, read my earlier post about these payday loans and filing suit. If it is true their attempt involves a loan in your name, they should have a copy of the check you made out. Also, as was told to my daughter, they can't sue if a check was involved. I have never looked up any statutes on them, as this was the only one I had any info on, and she did the homework herself. BTW, this happened in 2009, and she has heard nothing since, not even a remark on her CR. Ironman, who no longer visits here, told me about a statute that if they threaten to do something that they can not do, is a misdemeanor, punishable by a fine up to $2500 and six months in county jail. I tried to find it in my notes, with no luck. Will go looking for it. If you search, let us know if you find it. He won several claims against collectors, and original creditors. To add, California allows you to file your complaint with your DA's office if they have a Civil Attorney on staff. Lastly, as I said, listen to the others, as they advised, and stop worrying. Just get the recorder ad let them hang themselves. If they are stupid enough to file, let us know and we'll guide you through it. Remember, the Federal FDCPA, as well as the Rosenthal FDCPA (California's own), has statutes that protect you. Everything these "ADUB's" are doing is illegal. Read the Rosenthal, CCC1788.10 et seq. In fact, print it out, so you'll have it handy. The state FDCPA affords you more protection than the Federal.
  6. Clydesmom, Tricare is the same as other insurances. The only differences with them is they only cover active and retired military and family, and, if you have a primary carrier from employment, or Medicare, it is always secondary. I've been retired from the Marine Corps for over 40 years now and have had CHAMPUS/Tricare ever since. And, have used both over the years with my employee carriers. They include United Healthcare, Aetna, Blue Cross, and Blue Shield, plus one who was self insured. During my career in the Gaming Industry, I was the one who shared the benefit packages with the new hires, except those who were members of the Culinary Union. CHAMPUS was the early version that paid on a 75-25 program, no matter who the provider was, with a $300 deductible for a family. Believe it or not, Balance Billing still exists in some instances, mostly due to a simple error, not due to carelessness, or thought they could get away with it, as before. This is found most often when the claim is denied due to the deductible not met.. The provider will bill the patient the whole amount billed when they know that they can only bill for the allowed amount. Some providers still bill patients for Mutually Exclusive items, again, by someone in billing who does not pay attention. This you will find most often on ER bills and involve your arriving after a certain time, such as after 10 PM and before 6 AM. I have yet to find one carrier who will pay that item, and all consider it Mutually Exclusive. . We all know that most claims are processed over the internet using simple code. And we all know that we all received an EOB from our carrier on each claim billed. What we didn't do was double check all that was displayed. Most of us only looked at the "You May Be Billed" and nothing else. Note my hand in the air on this one. I still checked each of my late wife's EOB's from Medicare and Tricare. And, yes, I still found errors on some of them, all from the provider. True, a simple phone call and all was fixed, with an apology. And, most times the errors come from contracted billing offices, off property. And, today more of us do pay closer attention to our EOB's. How many of us now do this because we allowed ourselves to get "messed up" before? Just as there are many of us who now do, how many still look at them, and in the basket they go. Then, wonder a few months later why a CA is sending them a letter. As to your comment about Urgent Care, we have many here and each take assignment. There was a time when you would find a Doctor who would not accept assignment, but, would file the claim for you. What would happen in most cases is the patient would receive the check, cash it, and not pay the Doctor. Personally, we only had one Doctor who did this, in 1979. But, he gave us the form to file the claim. We got the check and the wife went down and signed it over to him. Again, Tricare is just as the others. A provider who accepts assignment with any carrier and agrees to their parameters, pay schedules, whatever, are bound by that agreement. The financial agreements you sign are the same no matter where you receive treatment. Most often, the verbiage is the same. Simply, the wording says you are liable for any amount not paid. That's common sense and no one will argue that. Where the problem lies is if there is an error in the amount the provider is claiming due, the patient has the right to assure all is proper, such as if the claim was denied due to deductible. Did the provider bill as per the denial? This is where the OP messed up. He didn't keep his EOB to double check what he might be billed. Of course, the simple answer is to call his carrier and ask for a copy of the EOB for that treatment, or visit. And, while waiting for the copy, ask the rep to give him the numbers. BTW, Tricare removed the collection assignment section a few years ago. I reprinted the page some time back and it was no longer there. They still want us to call if any problems and will assist as they can. I don't discuss PPO's as I threw them out of the last Casino I worked at. Why is that they state that they will "not pay for any treatment that would otherwise be free". Being a Service Connected Veteran, I receive all of my healthcare at a VA facility. To compensate their budget, the VA will bill your carrier, accept as payment in full, any funds they receive, and not bill the veteran. Veterans who are not Service Connected do pay a cost share. This, of course, is over and above. I forgot to mention in my last, but, if a person has not received their EOB within at least 30 days of treatment, they should contact their carrier to check the status. This way they find out if it was billed or not, if more info was necessary and provider has not responded. In short, you get all info you need on one call, not two. Another simple mistake of many are when they don't pay attention to what they checked off or signed. One item innocently marked is the question if you have another insurance. This can be a real PITA. More than one phone call, plus, more paperwork. Another is what you sought treatment for. Could it be considered due to an accident. Again, a big PITA. Balance Billing is still on the books and is still illegal. It is found in the Federal Codes. Unfortunately, since my wife passed, I have shredded so much paperwork that is no longer necessary, I don't have the section handy. I say that as I only deal with the VA, which is all free to me. I do pay for Medicare B, so as to protect my Tricare, just in case I'm away and a VA is not available to me. And, no, I do not have to deal with the ACA. If I do come across the section, will share. Can't recall if I noted it in the thread, so, will check. Lastly, and most important, what is written on the EOB is what must be followed. It does not matter if the provider accepted assignment or not. What it says is what it is. The patient is only liable for what is shown as the amount they "may be billed". Remember, everything involved with that claim is present on that EOB. In short, if it says you may be billed the full amount as claimed, you are liable for that amount. And, yes, you do have the right to appeal the decision if you do not agree. Again, this is why we all need to read the EOB's very carefully, and ask questions when you have them. Understand that the stupid question is the question not asked. It took me some time to fix my mess, which I did play a part in creating, and learned a lesson I never want to repeat. I caused the billing office to lose their contract with the provider, plus was sanctioned by Tricare for 90 days. The provider themselves had to recall their claims and write off as it was their fault they did not get paid. The CA got "spanked" by their state, for refusing to assist me in the dispute, when I first contacted them.
  7. I've got to throw some pennies in on this one. Mikefl, I did a thread on medical collections some time back (2007). On page one in this section, look for the "pinned" regarding medical bills. It includes some good info. For example, do you have any copies of the bill? Look at the charges. Then match with the copy of your EOB from your carrier. You said the bill was for $100. What did your carrier allow? What you want to find is IF the provider, upon not receiving payment, billed you for the whole amount of care, just as they did your carrier. If so, and they agreed to accept assignment they are in violation. It is called "Balance Billing" and is illegal.. You can ask your carrier if they are. Most times an agreement, or contract are signed with the guidelines to be followed. These must be followed at all times. You simply want to know what the agreement contains, regarding all parties. You also want to know if there are any items that are listed on the EOB as "Mutually Exclusive". If so, they can't bill you for it. There's more, just read the thread. Not knowing your carrier, I can't comment about them.. Another item you want to know from your carrier is IF the provider agrees to accept assignment, does your carrier now become liable. When I contacted Tricare of the matter, they told me upfront that the provider was in error as once they agree to accept assignment, Tricare is responsible. Also, up until a few years ago, providers were forbidden to ever send a claim to collection, and, must discuss with Tricare first. If your carrier offers it, let them get involved. Medical bills was what brought me to this site. My carrier that was involved was Tricare. Plus, my primary was a my employer at the time, who was self insured. The primary problem with mine was a Hospital, knowing I had secondary coverage, sent it to a CA. I called them upon receipt of second bill. They said they would, then, sent to a CA instead. The end result was they had to recall from the CA, assure all info was deleted, and were sanctioned by Tricare. Tricare is the insurance for the military and retirees. Simply, you want to look for errors, not to avoid paying a legitimate claim, but, to assure you were billed properly, and that proper payment was made, and, any overpayment is refunded. You can use this info, once you have it, to "cause" the provider to get the collector to delete. Yes, you could submit a dispute with the CRA's, and see how the CA responds. Then, depending on the response, you'll know your next step. Some times, a CA does not respond on these, if payment was made, and, it just deletes. Yes, sometimes, just because they can, they will. If necessary, once you have done this, let us know. Lastly, I have to accept some responsibility for my problem. I still got bills from the provider even after I told them. Knowing Tricare was somewhat slow, I simply "filed" them. I'm sure you did the exact same thing. Thought your carrier was going to pay sometime, why bother. And, for future, know all you can about your carrier, so as to know up front if the provider is billing you incorrectly. Especially now. Luckily, I do not have to worry about any insurance anymore. I get all of mine at the VA.
  8. BV80, that is a new one. I guess I best reprint my statutes. Give me some time as I'm going to contact the Department of Consumer Affairs, to see if they updated the Summary of the Rosenthal. Plus, see what I can find. They do have the Summary online. I'll check there first. If you try, go to the website and search for the summary. It's been some time since I went there as I printed it out several years ago. In fact, this is where I got the sentence I quote. You'll find it in the footnotes at end of summary. Myself, I read this as referring to the FCRA, not the FDCPA. True, the "heading" you noted does say different than my thoughts. Very interesting. As an add, I tried to find my old notes on a section of the CCC. It is about threatening to do something one cannot legally do, is a misdemeanor, punishment can be up to $2500 or 6 months, or both. I say this as if this is how they can operate now, then they need to be very careful in what they say to the consumer. Though our AG is useless, this does appear to be something she would write up. She claims she is working hard to rid us of the illegal collectors, yet, she has done nothing about Midland, for example. I had some members here a couple of years ago who were being "shafted" by a CA in California. True, I don't know if the members filed their complaints or not, as I've have seen nothing to show they did. Or, they simply filed with their county DA, as allowed by statute, if a civil attorney is on staff. The whole of the original statement is based on the verbiage in FDCPA 807(2)(a), regarding the misrepresentation of the legal status of the claim. What else is funny, I used the "even attempt . . . . ." just last month for a fellow vet. Within 10 days he received a letter of apology, saying they will close, and delete. Will it ever end? I'll let you know what I find out. And, it will not be tomorrow, trust me. And thanks for the reference!
  9. I did not see where anyone mentioned the numbers showing on the letter received. If this letter is "real", it should have numbers, letters, or a combination of each, that refers to that specific case. Most always, they will be under the date, or, at the least, in the upper right or left area. If so, go to the website of the court stated, and search. That number must match the case, you. If none exists, it is a phony. Many debt buyers use this tactic. they will refer to a number, causing you to believe you are being sued, or send what you believe is a summons, or legal paper, but, when you call the court, nothing. Then, next letter, if not on the one prior, you will find that exact same number references their account number. All courts have this access. As to states assigning debts to third party collectors, this began in the late 90's. Supposedly, they found it more cost effective to assign than pay their own to collect. And, yes, in most states there is not a SOL on taxes. BUT, do read the whole thing, all of it. Some states, Oregon is one, has a section that says that if a certain period of time has lapsed, the debt will be forgiven. And, no, they won't tell you this. Helped a friend with this some years ago. And, yes, you must read the whole thing as they do update or change things, when they want, not when they should.
  10. Hate to be a bearer of sad news, but, this being a business loan, the FDCPA does not afford protection to any business debts. Do read the statute, to better understand who and what is protected, as well as to learn what options are available to creditors, collectors, as well as consumers, business related or not. You can also go to your state statutes to understand the rules of court, as well as procedures, and all other items of importance you may want to know up front. I say this as even though the FDCPA does not afford you protection, you can use every other available protection to assist you in resolving this amicably. Also understand that if you find this creditor has violated you in some way, do not hesitate to point this out when you file your answer. For example, demanding interest when it was never agreed upon, or, demanding a higher percentage. Anything you can show that was not included with the agreement. Simply showing the court could cause the court to look closer at things. In short, what is it going to hurt?
  11. First off, the SOL is 4 years. Go to top of page and click on the "Statute of Limitations". Scroll to Nevada and read the whole statute. When did you move to Nevada? Exact date. We'll start here with California. You were in California when the vehicle was repo'd. Therefore, California's statutes on repo's takes precedence. If you did not receive a letter from them within 10 days that gives you their intent, etc., they cannot legally collect the unpaid balance. You'll find this at California Civil Code 1812.2-1812.5. Read it all. Some may argue this is not true. I used this three years ago for a friend. The CA apologized, closed, and deleted. The reporting period is 7 years from date of first delinquency. I'm assuming by your 9/1/2008 comment that this is when you first missed a payment. If true, then it will delete by that date in 2015, or during August. This does happen on occasion. And, yes, both will delete. Myself, if you did not receive the letter, I would send a C&D to this collector, advising them they are in violation of California Civil Code 1788.1 et seq, and CCC, 1812.2-1812.5, in that they are misrepresenting the legal status of the debt as well as attempting to collect a debt not owed. You will also include that it is illegal and a violation in California to "EVEN" attempt to collect a claim too old to be enforced. And, yes, in California, it is. You'll find this at CCC 1788.1, et seq. I say this as even though you have moved to Nevada, there is no reason to believe that the statute has been tolled. I asked for the exact date to know that you moved after the statute has run. If not, don't say anything about it to them. Regarding your mortgage app, it is true they will not OK the loan until it shows a zero balance, or deleted. As BV80 mentioned, you may want to consult a Consumer Attorney, but, it is entirely up to you. Do not waste your time filing a complaint with the Consumer Department (forget their actual name) in Carson City. They are a joke. I know first hand. My wife and I lived in Vegas in late 70's to mid 80's, plus many years in Reno. I was there the morning of the fire at the old MGM. Not wanting to be a security guard I left and went across the street to the Maxim, now called the "Western ?????". Our youngest daughter lives in the SW area. To include, if this collector has not bothered you for some time, you could also send a dispute to the CRA's, using the claim that is isn't yours. This is most often the first dispute claim. On some occasions, the TL will be deleted. If they are in touch, just send the C&D. Be sure and include that no phone calls will be accepted.
  12. She is in her 80's, on a limited income, since husband's passing a couple of years ago. She just wants to make everything easier for herself with the time she has left. A friend of mine went Reverse on his property in 2001. Appraised at $140,000 (Duplex), they gave him $79000, kept balance, on account (forgot terminology). Has no complaints at all. My BIL's MIL did one also. House at $270,000, gave her just over $200,000. she wrote a check to each child, and lived off balance. No problems. When she passed last year, all they did was give the keys to the lender and all was done. Like you, I've heard many horror stories. Some reasonable concerns, others most likely exaggerated. We were going to go that route, but, when the recession hit, we lost over $100,000 on our home. Since my wife passed, I am staying here, either way. I refuse to allow anyone to dictate my life, which is what I would have to tolerate. Besides, I would pay almost as much. The kids already know that when I check out, if they want house, find new money, if not, take the keys to the nearest Chase and hand them over. All done.
  13. Thanks for the reference, "Willing"! It didn't have the info I'm looking for, but, I did keep it as it may come in handy for others who run into that problem. One has eye problems with no family near to help her, so, this may help. She owns her home outright. I'm beginning to think they can't attach, or place a lien on the equity, due to it being a reverse mortgage. I just want to know that this is a true statement. I forgot I have an email address for one of our old members who works in real estate. I'm going to send off my questions tonight. I will share what I find out. To all who commented, thanks!!!!!
  14. Thanks, I'll do that. If you find anything, please share. I'll do likewise if I find anything. Never use counselors. Thanks for checking.
  15. The state you now reside in is the state whose SOL will apply. The only way the other state would take precedence is if you had moved from that state, then moved back, then, they could ask that the statute be tolled. I do understand (forgot about it) that if the original contract had the arbitration clause, then the state of the lender takes precedence. There was a decision on that some time back. I don't agree with it, will always fight it, if I found myself in that position. If I recall, the bank was in Delaware. Regarding the FDCPA. Congress wrote the FDCPA due to the continued unethical and many times illegal tactics of collectors. It will never conflict with the states. Many people do not read 816, when they should read the whole statute. Section 816's sole purpose is to protect the consumer rights according to state statutes if they offer greater protection. What you do is look to see what your state says about the collection of debts. Many states just refer to the federal statute and offer no other protection. Others offer different levels of protection, with some having their own FDCPA, such as California. It just helps to now how your state looks at debt collection to help you determine the best path to resolve the situation to your benefit, not theirs. Also take the time to study your state's procedures, such as court, civil, and any other you feel may apply. Then use them to your advantage. Look up the Truth In Lending Act (TILA). It will describe different things you may want to better understand. Very informative.