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About allstar18

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  1. Understood - I have submitted the online dispute through Equifax noting the change in Date of Last Payment. My understanding is that it's a still a violation of the FCRA so it should be removed upon receiving the dispute. They can verify the changed date of last payment correct? Or will I have to fax them a copy of the report I have on hand?
  2. I looked up my credit report due to a denial of credit notice I received today and noticed that one debtor is reporting a date of last payment of 2/2004 - that looked strange and assumed that one should have been off the report already. I looked back at my 1/2008 report and the same debtor has the last payment listed at 10/2003. Am I right in assuming this is a violation of the FCRA statute of 616? I have the right at this point to sue for the violation? Btw, I'm in WA state. Thanks all!
  3. I just received the release via fax - it's a confidential settlement agreement with full and final release of all claims. It states that I release them from any/all claims resulting from their collection practices with the consideration that my charity application is accepted and they will dismiss the case that is pending. I've already received a letter from the hospital stating that they've accepted the charity care and my balance owed is far as I can see, there is no beneficial purpose for me to sign this release. It appears it is only beneficial for them. I'm inclined to sign it just to be rid of the problem, I just find it convenient that once prior collection practices were brought up by me, in writing, and the way they handled the collection with me, they want me to sign a release - they're probably figuring I have a valid claim and don't wish to be sued. What do you folks think?
  4. An update to the situation*** After writing a complaint to the CEO of Franciscan Health Systems and having my lawyer answer the complaint on my behalf, I got a phone call from my lawyer yesterday. He told me NCO wants to drop the lawyer informed me that NCO didn't want some of the information I complained about to be brought up in court so they're choosing to drop it and write off the debt. Now they want me to sign a release of some type, but I told my lawyer I won't sign any type of release unless it states they will have the item deleted from all credit bureaus. I've yet to hear back, but I also got calls from FHS's administration letting me know the debt has been taken care of - with no mention as to how...they didn't say my financial aid app was approved, just that the debt is taken care of. My last question: Do you folks think I should press the issue or just get something in writing about having the tradeline deleted with the release? It seems they're moving really quickly to try and get me to sign this release.
  5. Wow, that's alot of information there - but very useful. I am going to go ahead and fill out the application I get as suggested and send in a copy to both the correct department and the CEO of Franciscan Healthcare Systems along with my complaint on how NCO is handling this. Also, based on what you see in my original post, is there any basis for a counter claim that I can put in my answer to the complaint? If so, what and how would I word it? Thanks for all your help!
  6. I received a Summons & Complaint on Saturday 1/12/08 @ 8:45pm from NCO Financial regarding a medical bill from 2006 - the hospital is St Joseph's. Anyway, to bring the story to current: I was in the ER for a kidney stone (if I remember the reason accurately) and when I was leaving, they gave me a financial aid packet to fill out and send back. I did this, heard nothing for a few months. My dad started getting harassing calls at his business - numerous calls and the woman would not identify herself or state her reason for calling. After about a couple weeks he got fed up and told me about it and gave me the number she was calling from. I called and found out it was NCO and it was for a the hospital bill, which I thought was taken care of. Apparently the packet never reached the hospital - I told her I didn't have the money so she stated she'd send out another packet. I received the packet and filled it out then sent it back to NCO - where she insisted it be sent to and to her attention. Sadly about a month back I threw out all my paperwork associated to this so I have no copies of anything. The only thing I get is a Summons & Complaint that was filed in December '07 - and received by me a couple nights ago. I called the hospital - they are sending me out a new financial aid packet to fill out and send back - the woman stated that if it was approved, then the lawsuit would be taken care of. Great I thought! Then I asked her if she ever received the paperwork from NCO - she said no. I then called NCO and spoke with the same woman from over a year ago - she stated that the application was incomplete and she made several attempts to call me about it. ( This was a blatant lie! ) I never received ANY phone calls - my only correspondence was the summons, MONTHS later. She said she needed bank statements ( which she has 3 mos of my bank transactions - but she stated this wasn't good enough ). Also said she needed a copy of my rental agreement for the house I live in....anyway she played the "semantics" game with me as to why she didn't send it in to the hospital. I just outright asked her, is it incomplete according to YOUR standards or the hospitals? She stated, "the hospital's". She admitted she never sent it in to them - which she really did have a complete application but was playing games as to why she didn't turn it in to them. So I guess, with this information, my question is what to do? Just fill out the app from the hospital again and go from there? I also have to answer the summons within 20 days and file it with the court as well - do I have them on any violations for their collection practices? Can I counter sue? Should I bother? Here is their complaint: Plaintiff alleges each account herein listed as a separate claim with Paragraphs I through IV as to each claim: I. This claim has been assigned to plaintiff for collection. II . Plaintiff is a Washington corporation in good standing, is duly licensed and has satisfied all bonding requirements. III. During all material times defendants above were and are married and the obligation hereinafter pleaded is the community and separate obligation of each. IV. Defendants are subject to the jurisdiction of this court. V. Defendants became indebted to ST JOSEPH MEDICAL CENTER for certain goods or services, which assignor was duly licensed to render, upon which there remains a balance of $6463.35 plus interest to date of $0.00, all of which has been demanded without avail. WHEREFORE, Plaintiff prays judgment agaist defendants and of each of them separately and their marital community for $6463.35 principal and $0.00 interest to date, plus interest until paid, plus court costs, NSF fees, and attorney fees as set by the court. Estimated costs: $53.00 filing fee; $45 Servcie Fee, $200.00 Attorney Fee if not contested; $0.00 collection costs: for a total of $6761.35, plus interest until paid. The undersigned verifies he/she believes the forgoing is true. Now, as far as each complaint I don't know if it matters but I'm not married, have no clue if they're duly licensed and bonded, I know I'm subject to the jurisdiction of the court, but the one I have the biggest problem is with #5..."all of which has been demanded without avail." I was trying to work with the collection company - she verified receiving my financial assistance packet, I never received any other phone calls asking for more complete information, I think she called one time to get me to send in the packet, but that was it. But "...without avail"? Can this be disputed in my answer, and if so, how? Please, anyone who knows what I should do, I would be grateful for any assistance. Thanks. *Oh, forgot to give the Plaintiff info: NCO Financial Systems, Inc. PO Box C-9715 Federal Way, WA 98063 (253) 927-1614 OR 838-1712
  7. lol - how do you DV an overdrawn bank account? Aside from trying to say it's not your bank account and saying someone opened one up in your name fraudulently?
  8. In the terms of service it states: You agree to not use the Service to: Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; "Stalk" or otherwise harass another individual or merchant; Now - I know that only violates their TOS - but can anyone point me in the right direction for any information pertaining to what can or cannot be done by a creditor or their employee? I'm assuming since it violates their TOS - nothing can really be done, but I'd like to know what else could be done - as it was a customer of mine that brought this to my attention and was concerned that my dad would "be in business anymore".
  9. My dad owns a bodyshop in Washington state. He does owe money to a parts supplier in Oregon. It is a dealership. He has a MerchantCircle account and page. The parts manager went onto the site and made this exact comment that is made public on the page: "HI HOW ABOUT PAYING YOUR BILL AT [XXXX COMPANY] SO I DONT HAVE TO SEND YOU TO COLLECTIONS!!!" (It does list his first name and his email addres with the company so it's not posted completely anonomously and can be traced back to him) Is this legal? I know it's very unprofessional and ridiculous - because he has now lost any potential business from us when the bill is paid. But I would assume that someone cannot post that you owe a debt on a PUBLIC site. Am I correct? Is it actionable if we choose to do so? Thanks for reading!
  10. Forgive my ignorance but how can you tell if they purchased the debt ( they own it ) or if they're collecting for another company ( acting as their collection agency )? I am assuming they'd never be forthright with that information via letters or on the phone so how do you deal with that?
  11. ***EDIT*** My apologies, it is actually Asset Acceptance they're collecting for, with the original creditor listed as Sprint... It is an old Sprint PCS bill that I disputed with Sprint long ago - 2002 or 2000if I remember correctly. And if I am correct the SOL has expired either way. If I send them a C&D letter and continue to call, can I get them on any violations? I don't care much about winning money exactly, so much as I am fed up with their phone calls ( calling my father's business and my home number ).
  12. When I talked to someone on the phone they said they are collecting on behalf of Allied. That's all the info that was volunteered to me at the time.
  13. I looked it up and could not see CBCS even licensed in the state of Washington to conduct any collection activity. Am I not seeing it correctly? The company that keeps in contact with me ( attempts to even after I told them I would deal with them via mail only ) is this: CBCS P.O. Box 69 Columbus, OH 43216 Street address is: CBCS 236 E Town St Columbus, OH 43215 The 2 phone numbers I know for sure are: 888-413-0093 800-947-2987 Do I have them on a violation for attempting to collect a debt in a state they are not even authorized to conduct business in? Any info would be appreciated. Thanks in advance!
  14. Only 2 of the debts are from a hospital - the rest are doctor's offices. It's run by Multicare is all I know about the hospital.
  15. I live in Washington state and I understand the SOL for open ended accounts is 3 years. Does this include medical bills or is this considered a written contract? I hate to duck out on a few of these bills, but I am currently jobless and have no means to pay on some medical bills that are being collected by Puget Sound Collections. It appears from their last letter they "may" proceed with a lawsuit ( insinuated by the phrase "We will extend to you the courtesy of holding your accounts from further collection efforts until 01-02-07." ) sometime after the date they expect to hear from me - and the 3 years would be up for most of those bills by March at the latest. Any info or advice?