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One step forward..two steps back...update 4/20


nutinbutdabluz
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Update! I called the CA today about the fax I sent and I recorded him acknowledging that they only made a telephone call regarding the acount(admitted he didn't reach me) and that I never received any written notification. He didn't refute that either. He even read my cover letter back to me that included my request to have the collection removed from my reports because the debt had been previously paid and was once again paid under protest to the OC to ensure this collection would be deleted. Btw, he identified himself on the recording. I already disputed this with the CRAs and asked him if I have to officially dispute this with them through a letter and he asked exactly why I was disputing it. I went into detail explaining that I didn't receive proper notification from them and wasn't afforded an opportunity to dispute the debt or request validation and that the debt was already paid. He asked me to fax him the dispute and said he'd give the fax to his higher-ups with an additional note stating that I was not given proper notice regarding attempt at collection. Question- Should I just let the CRA verification take its course or should I write to the CA and demand deletion? What FDCPA provision if any, did they already violate or run the risk of violating if they don't delete?

Original post:I've been working very hard recently on building up my credit score through derog deletion, late pay corrections, and paying down account balances etc. I thought I was doing great, so I felt it was time to get my new score. Well to my dismay, there was a recently reported 'assigned collection' from a hospital. What gets me is that I know I sent them the payment (the hospital) and I don't recall any phone call or collection letter from the CA?? I went right to the hospital and told them I am absolutely certain I had paid the bill but would be hard pressed to prove payment since I used a money order and may not be able to find the receipt. I then said I'd pay the amount in question (again), under protest, but only if they'd agree to request deletion of the collection activity. The person agreed, but then changed her agreement immediately after payment! :x She said it'll now show as a paid collection. I demanded to speak to the office manager, but she wasn't in. I demanded she have her call me but she hasn't yet. The amount is relatively small. The collection shows an 'amount' of $72.00 and a balance of $82.00. What would the collection agency get from these amounts? What's the best way to get this deleted? I've never had a collection so I don't know how to deal with this. What I did for now is dispute the with the CRAs using the hospital as the disputed account and indicated the account was paid in full. Might this come back as verified paid meaning they'd have to delete? While I haven't yet contacted the collection agency, I can't believe they would be so unreasonable as to want to ruin someone's credit for seven years for such a small amount so long as they get paid. Any help with this is appreciated!

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I have something similar to this on my CR for $60. I tried to delete though settlement with no luck. I ended up sending the payment to the hospital's Chief Administrator directly demanding deletion. I told my story and am hoping this approach will work as the CA is a hard a$$. I figure the worst case it will show paid collection and at that point I will begin disputing with the CRA's. This one has been a tough one. For $60 nobody wants to help as the benefit to them is nil. I'm going to keep bugging the crap out of folks until it gets deleted. Let's keep each other posted and see who gets deletion first

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I've been working very hard recently on building up my credit score through derog deletion, late pay corrections, and paying down account balances etc. I thought I was doing great, so I felt it was time to get my new score. Well to my dismay, there was a recently reported 'assigned collection' from a hospital. What gets me is that I know I sent them the payment (the hospital) and I don't recall any phone call or collection letter from the CA?? I went right to the hospital and told them I am absolutely certain I had paid the bill but would be hard pressed to prove payment since I used a money order and may not be able to find the receipt. I then said I'd pay the amount in question (again), under protest, but only if they'd agree to request deletion of the collection activity. The person agreed, but then changed her agreement immediately after payment! :x She said it'll now show as a paid collection. I demanded to speak to the office manager, but she wasn't in. I demanded she have her call me but she hasn't yet. The amount is relatively small. The collection shows an 'amount' of $72.00 and a balance of $82.00. What would the collection agency get from these amounts? What's the best way to get this deleted? I've never had a collection so I don't know how to deal with this. What I did for now is dispute the with the CRAs using the hospital as the disputed account and indicated the account was paid in full. Might this come back as verified paid meaning they'd have to delete? While I haven't yet contacted the collection agency, I can't believe they would be so unreasonable as to want to ruin someone's credit for seven years for such a small amount so long as they get paid. Any help with this is appreciated!

You send a letter to the CA demanding validaton on the alleged debt. you also note to them that this was paid in full directly to the OC. Tell them to immediately remove it or face action for violating the FCRA and for fraud since they have no grounds to collect (it's paid).

At the same time, send letters to all the CRAs reporting the tradeline disputing it for the same reasons. Tell the CRAs that it is a violation of the FCRA to list false information (it's false because it is paid, there is no collection) and you want it removed.

This sets up a conundrum for the CA and CRA. The CA can't verify the debt to the CRA becuase they are not allowed to without violating the FDCPA's provision about ceasing collections until validaiton is provided. The CRA can't continue to list the item without a verification from the CA. If it stays on your report, one of the parties violated the law. Either the CRA by failing to actually investigate the matter, or the CA by verifying the tradeline when they are not allowed to.

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You send a letter to the CA demanding validaton on the alleged debt. you also note to them that this was paid in full directly to the OC. Tell them to immediately remove it or face action for violating the FCRA and for fraud since they have no grounds to collect (it's paid).

At the same time, send letters to all the CRAs reporting the tradeline disputing it for the same reasons. Tell the CRAs that it is a violation of the FCRA to list false information (it's false because it is paid, there is no collection) and you want it removed.

This sets up a conundrum for the CA and CRA. The CA can't verify the debt to the CRA becuase they are not allowed to without violating the FDCPA's provision about ceasing collections until validaiton is provided. The CRA can't continue to list the item without a verification from the CA. If it stays on your report, one of the parties violated the law. Either the CRA by failing to actually investigate the matter, or the CA by verifying the tradeline when they are not allowed to.

I was thinking about just talking to them, but from everything I've read here in this forum, I don't expect they'd be that willing to just delete it. I was planning to explain that I had already paid the debt, subsequently paid it again, and if there was any cost incurred for the collection that I'd pay it if they ensure deletion. I know they don't own the debt since it was just assigned and not purchased. Your plan sounds great, but I would hope they'd be reasonable if I'm diplomatic about it. Oh sorry....I guess I was daydreaming there for a bit! :wink: Thanks for the advise!

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I have something similar to this on my CR for $60. I tried to delete though settlement with no luck. I ended up sending the payment to the hospital's Chief Administrator directly demanding deletion. I told my story and am hoping this approach will work as the CA is a hard a$$. I figure the worst case it will show paid collection and at that point I will begin disputing with the CRA's. This one has been a tough one. For $60 nobody wants to help as the benefit to them is nil. I'm going to keep bugging the crap out of folks until it gets deleted. Let's keep each other posted and see who gets deletion first

How long did the debt go unpaid? I went and paid the hospital the day I got my report and found the collection. I'm sure I never got any call from the CA or any collection letter either. That doesn't mean they'll believe me though. I may just go along with the advise from Methuss.

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Update!

I called the administrator at the hospital to discuss this matter. She looked at my record and found that I had actually made payment months ago by credit card but they show it was declined. Obviously, that in and of itself, should support that I attempted to pay long before any collection should have been assigned. I told her at the time I paid by CC, my bank said my card should not have been declined, but I decided to send a MO payment instead of trying the card again. She said she'd look into possible misrouting of my payment etc. I then called the CA and explained the situation, and told the person I spoke with that I never knew of any collection attempt from them. He admitted that they only tried to call me once and didn't reach me, but didn't say whether any letters were sent. He then said they hadn't reported this to the bureaus. When I said it's right there in my report, he insisted they hadn't. He asked if he could call back after talking to his manager about this. He did call right back and confirmed that they hadn't reported it. He asked me to fax him a copy of the collection entry, so I did. I also reiterated in the cover letter, that as we had discussed by telephone today, that he admitted that their office has never spoken to me regarding this account and that they assert that they did not report this to the bureaus. If I speak to him again, I'm going to record the conversation. Damn thing is I forgot to do that when I first spoke to him. :? I'll just bring those things up again to make sure they're on tape.

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You send a letter to the CA demanding validaton on the alleged debt. you also note to them that this was paid in full directly to the OC. Tell them to immediately remove it or face action for violating the FCRA and for fraud since they have no grounds to collect (it's paid).

At the same time, send letters to all the CRAs reporting the tradeline disputing it for the same reasons. Tell the CRAs that it is a violation of the FCRA to list false information (it's false because it is paid, there is no collection) and you want it removed.

This sets up a conundrum for the CA and CRA. The CA can't verify the debt to the CRA becuase they are not allowed to without violating the FDCPA's provision about ceasing collections until validaiton is provided. The CRA can't continue to list the item without a verification from the CA. If it stays on your report, one of the parties violated the law. Either the CRA by failing to actually investigate the matter, or the CA by verifying the tradeline when they are not allowed to.

Is there a source for letters of this type that you can direct me to? Thanks!

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