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Assigned collection


hopeful
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Here is what it says on my CR.

MJ Altman companies

collection reported assigned 7/2000

client Munrow regional amount $338

status as of 9/2000 unpaid

balance as of 9/2000 $338 individual account

I found this on the link above on this page under DV

Assigned or purchased debt (How do you know Bob is the right guy to pay?)

In most cases, creditors assign, not sell, debts to a collection agency.

Why should you care? In an assignment, the collection agency does not own the debt, and therefore you do not technically owe them any money. There is no way for a collection agency to prove that you owe them money because there is only an assignment of the debt and not a contract between you and the creditor.

One loophole: Some contracts have the wording "debtor agrees to be responsible for payment of this debt to creditor OR ITS ASSIGNS." This IS a contract between you and the debt collector as well as the creditor and if they can provide you with a copy of a contract that states this, you are pretty much stuck and need to negotiate.

I sent them a DV letter and yesterday 30 days ended and today received an account itemization and a paper from the OC with the date and item # and description of things done at the hospital and prices. On the paper from the OC it has after my name SR which is correct but under age it says 14 which I am not . My son is a JR and is 14 but the date of this bill was 1/23/2000 and my son just turned 14 this year. So how do I really know if this is mine? What other steps can I take to try to get this off my CR? Can I use Assignment as a reason and is there a sample letter for it?

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Did you look up the SOL for your state for civil action? For the creditors to sue you I mean?

The reason I ask is because you are in the drivers seat if you are willing to pay some money, if it is past the SOL, and all of your efforts with the disputes do not get the account deleted. I am assuming you already disputed with the CRA's of course. Just so you know, I got a deletion on an account after disputing it 3 times with the CRA.

But lets say you cannot get a deletion, I had an account that was in my name for a long distance bill that was out of my states SOL, so really they couldnt do anything about the debt except report it and try and collect. I emailed the CEO and all the chairman of the company with a letter staying I was trying to resolve the account, but wasnt sure what it was. I got an email back from the Collections Director for the OC saying he would like to help me personally deal with the account. I gave him a very good story stayed very candid, and eventually he asked if I would take some responsibility for the debt, and I told him I would pay something if he could send a letter for the deletion of the file off of my report. So he said ok no problem, what about $100, I said how about $75, so he agreed, faxed me a letter within an hour, it had all the stipulations on the settlement agreement, and also telling me he would notify the CA of the settlement and recind the debt.

Of course your situation is a little different, it is a medical bill, and it may be hard to argue someone else went to the hospital in your name, I did quote a section out of the FCRA, I believe section 623, This particular section of the law states if a consumer is disputing a debt, which is what your DV letters are supposed to do, they must report to the CRA's, that the debt is in dispute, so I would check to see if it is reporting as disputed yet, if not, you have a little leverage. Then I would call up and speak with the Collections department with the OC, not the CA, and just talk with them and feel them out, just always keep in mind that as each year passes and there is a deliquent debt owed, most OC and CA's know their chances of ever recieving money for the debt drops dramitically. So make sure you know your SOL before you speak with them because again that leaves leverage, let them help you, make them speak, and offer you a settlement offer less than owed, then say thats too much if its too high, and then say, well, actually I shouldnt because it will still be on my CR, and remember, if this person doesnt take the bait someone will, you must be persistant. When the time is right, remind them that they are in more of a delimma that you are, the SOL is up, you really cannot collect, so lets meet in the middle. http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml

Good Luck. :D

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I didnt get a PM , did you send one to me?? Although they may have detailed billing, thats only a bill, as far as negotiations go and/or your dispute, you are still disputing it, and did they provide you with signatures, because not to say this is what your going to do but, would it have ever been possbile in 2000 that somone went into the hospital for care and had your information?

You see, you have a lot of leverage, did you find the SOL in your state, because if it is up , your good to start negotiations.

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Thanks for the help. Which of the dates would it go by for SOL it says on CR

collection reported 7/2000

status as of 9/2000 unpaid

on the papers they sent me it says date of service 1/23/00 and is a medical collection a written agreement? If so the SOL in Florida is 5 years

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I was referring to PMing Hopeful! Sorry!

I believe the SOL in FL for that is going to be 5 yrs which would make SOL in July from what I can tell. It may not matter though. From what I've read recently on another board (from someone who went after a hospital and the CA and they settled out of court) that FL law overrides HIPAA and FL law states without authorization, the hospital cannot give your detailed info to a CA or outsource billing. FL law is also VERY detailed in what a medical release MUST contain.

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Champion80 I have equifax credit report that they sent me. I didn't order it I got it free if that matters. I did ask them for signatures but of course they didn't send any.

Begirl on the paper I received back from equifax saying my dispute was verified I don't know what kind of information they used to verify it with the CRA.

I just noticed on the paper back from equifax that the date of 1st deliquency is 1/2000 now I just need to find out if it's written or what lol

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I was referring to PMing Hopeful! Sorry!

I believe the SOL in FL for that is going to be 5 yrs which would make SOL in July from what I can tell. It may not matter though. From what I've read recently on another board (from someone who went after a hospital and the CA and they settled out of court) that FL law overrides HIPAA and FL law states without authorization, the hospital cannot give your detailed info to a CA or outsource billing. FL law is also VERY detailed in what a medical release MUST contain.

Does this mean that the hospital can't give my information to the collection agency? What it says on the hospital paper is Decadeon 4mg ud and the price and SA02 monitor with the price and so on . This kind of information isn't allowed? It doesn't say what they were doing or checking for or anything like that.

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Yes, that's what it means. They can't give that info without your AUTHORIZATION - and DVing the CA is not enough to mean authorization. You will need to send the CA another letter asking for a copy of the authorization of your medical release and telling them they have sent you info you believe they cannot have per FL statutes. It's highly likely they won't have it. One of my CAs is listing mine as an installment w/1 month terms (basically saying the hospital gives you 30 days to pay). So, the SOL would be 5 yrs. If your DOLA was 1/2000, you're past SOL.

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Man...You have to love this Board.... I call my CC companies nearly everyday, ESPECIALLY CAP1 and tell them how educated we as a community are becoming about credit, I tell CAP1 all the time that we are all working on a date to massively cancel their accounts, due to their "It is our policy not to report the limit BLAH, BLAH".

I am just so glad to see we are all helping eachother so much. But seriously though if any of you have a Capital one Card, we should massively cancel, I talked to their approval departmnet already about this, their supervisors and I told them we were going to, I said I know a few thousand customers!! They probably didnt believe me, so lets make it happen. :twisted:

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