pinto

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About pinto

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  1. I have a medical bill for a vaccination provided by a physicians group. They have billed me directly claiming my primary health insurance would not cover the service. I disputed owing an amount of 205.00 dollars (150.00 for the vaccination and 55.00 for the administration of the shot) as I had given them a 3rd payer who would pay for the service. They refused to bill the 3rd party saying they do not have a relationship with the payer and therefore I am responsible for the bill. I am now sitting on an Invoice under (1) account number from the physicians group for $205.00. Fair enough. The physician group sent the bill to a collection agency who contacted me with a demand for payment letter requesting a single payment of $205.00. I responded to that letter with a validation request. The collection agent responded by sending a copy of an internal statement from the physician group invoice as proof of service - whereby the statement line itemed 150.00 for the vaccination and 55.00 for the administration for the shot totaling 205.00. The collection agent is now reporting to the CRA's (2) two separate collection accounts using (2) different internal account numbers, (1) one for 150.00 and (1) for 55.00. I intend to pay the physicians group directly the amount I owe them and notify the collection agency the debt has been paid and demand removal. Questions: Are the FCRA violations I am not seeing here? The collection agent is not accurately reporting the account nor reporting the account in the same way as: the physician group invoice to me, and original demand for payment letter sent to me by the collection agent. The CA is reporting (1) one account as (2) two - both of which are inaccurate. When I pay the physicians group, what information should I write on the check? i.e. my account number with the physicians group, each individual acccount number from the collection agent being reported on the credit report - any calculations? Any help greatly appreciated. ...
  2. I had been in contact with a few consumer debt attorneys and all are in agreement w/ simultaneously writing all parties involved providing evidence supporting my FCRA claim. Will keep you posted as to the outcome.
  3. I have read posts regarding FCRA cases presented in small claims courts against debt collectors and original creditors are routinely bumped to federal court. I would only be seeking claims against the violations. What problems can I anticipate if I sue both Debt Collector and Original Creditor under FCRA regarding jurisdiction, any advice?
  4. I had spoken with an attorney at the FTC concerning this and he agrees with what you have said. FCRA applies. My task now is to get the trade line removed from the credit report. I am looking for input as to whether I should make the demand to remove from the credit report first with the debt collector and original creditor or with the CRB's. I am specifically thinking FCRA 605©(1) and 623(a)(5).
  5. I am trying to understand my rights are concerning an old business debt as a sole proprietor and how to proceed forward. At issue is a business line of credit I personally guaranteed for a sole proprietorship in 2000. I went out of business due to illness in 2003, made a repayment agreement with the OC in 2004 and after 6 months was unable to maintain making the agreed payment amount. Recently a debt collector came on the scene (calling my home and sending letters) and is now reporting this debt to the major CRB's. I had written the debt collector and OC requesting information regarding the debt and how they came up with the dates. They sent me a detailed statement which confirmed the first major delinquency leading up to a charge-off occurred in 2004 and subsequent minor payments (allegedly made thru 2008) never allowing the agreement/credit line to be caught up. I spoke directly with the debt collector briefly explaining the first major delinquency to the agreement with the OC occurred in 2004 and the credit bureau reporting clock has run out. They continue to report this on my personal credit file and have verified my dispute with the CRB's. NOTE: The written agreement is now beyond SOL for filing a lawsuit against me in PA. Q: As a sole proprietor am I protected by consumer protection laws, FDCPA, FCRA? Since the debt was personally guaranteed by the individual and not the business is it under consumer protection laws? Aren't the credit reporting bureaus used for reporting individual consumer information and not business information (which would be done thru D&B and the like)?