goinfor800 Posted July 17, 2006 Report Share Posted July 17, 2006 Hello everyone - I need some help in determining how to best move forward with this. First things first...initial information below:Debt being reported by Simple Collections and Credit Bureau Inc. OC is Medical Radiology & AssociatesAmount of debt is $65Debt is 3 years old CA or OC is not/have not ever contacted me in writing or by phone unless I make contact and they respond I have disputed this debt with Experian, Equifax and TransUnion. Experian and TransUnion has ‘deleted’ the entries. Equifax continues to respond to all of my disputes as ‘verified’ I learned about the collection after receiving my credits reports in late 2004 I am in the state of GAThis is a Medical Bill. The story behind this is that the ‘radiologist’ supposedly billed me for ‘reading a report’. The problem is that the hospital (ER) billed me first and I paid them. (Well, my insurance paid and I paid the difference of $65.49). I have copies of what I paid and have gone to the hospital ‘twice’ and received statements from their letterhead with the same account number that I had been billed in error and that the account should not have been reported. Again, Experian and TransUnion accepted this documentation but Equifax (in GA) did not. I sent several DVs to the Collection Agency as the OC always referred me back to them. They never sent back any substantial information and I tried to explain to them what had occurred to no avail. I had sent 2 ITS letters to the CA and received no response. I have since filed a complaint in Small Claims (5/31) and have received an Answer and a Counterclaim. The answer is stating that the action should be dismissed for failure to join a party needed for just adjudication. (I only named them as they are the ones reporting to Equifax) Also, states that the action should be dismissed because the Defendant (CA) is not the real party in interest. Their counterclaim is for $2000 for their attorney cost. Here’s what I have since done since the ‘third’ party/not real party in interest confused me. I contacted the OC (Medical Radiology) and initially no one could find my account. I was later transferred to a supervisor who suggested that if I pay them she would authorize the (CA) to delete the entry since she now understood where all of the confusion and concern was made. She also suggested that I could then seek a credit from the hospital. (Long story but it made sense -- she explained in detail how this happens all the time and she checked my history and saw that I had paid all of my medical bills on time without a hitch) I felt comfortable and confident in what she delivered and agreed. She said that they only run 'credit card' payments on Wednesdays put she would show a posting for today and would go to her Operations Manager to get the approval for deletion. She called me back in less than one hour stating that she could not agree to have the item removed because the collection agency says that they (the original creditor) could not take my money as we are now in litigation. I’m confused…who hired who here? I do not think that she was lying, in fact she said that her operations manager said that they could still accept payment from me -- just not agree to a deletion since I am in litigation with the Collection Agency. I told her that I would like for the payment to be voided for now and that I would check on a couple of things and get back with her.My question is this…can I dismiss my lawsuit and now work with the supervisor of the OC to get this deleted? If so, how can I best address the pending counterclaim from the (CA)? I know that the CA wants to be the one to say that they got me to pay but I had gotten nowhere with them and decided to sue to get someone to listen to me and review my documentation. It looks like they still want to play hardball but isn't it up to the OC at the end of the day to decide what they want to do? By the way, I paid $66 to file this claim and I wish that the OC had communicated more effectively with me in the beginning. Today was my first time getting a supervisor as I was always passed off to the CA.I contacted two attorneys in GA. One said that they were not interested and the other said that she does not represent any individual who choose to represent themselves. She would not even be interested in taking a look at a larger claim that I have on a separate issue. I’m just looking for some sound advice here and would greatly appreciate any feedback or direction as to how to move forward without looking like a ‘total inexperienced a$$’! I know, I know…too late! (LOL) By the way...thanks to this board, the books, and all of the helpful tips -- this will be the last derogatory that I have outside of my BK Discharge (5 yrs mature on 8/1) and a Paid Tax Lien (3 yrs mature). At last check (EXP 698), (TU 713) and (EQFX 676).TransUnion is my highest FICO at the moment and I attempted to have some accounts added to my other files but the OC does not report to Experian and Equifax. Go figure...in 2006 companies still don't have the capability or don't want to pay to subscribe to the other bureaus. Go figure...Sincerely,Goinfor800 Link to comment Share on other sites More sharing options...
admin Posted July 18, 2006 Report Share Posted July 18, 2006 You can always dismiss the lawsuit, but why? Do you have a good case? You must be a little hesitant to be posting your questions. It would be nice to see what you stated in your basis for claim in lawsuit. Link to comment Share on other sites More sharing options...
nascar Posted July 18, 2006 Report Share Posted July 18, 2006 If you choose to dismiss your claim I would certainly make that conditional upon dismissal of the counterclaim.Like admin stated, we don't know what your claim is for, so not much can be said about that.You can amend your complaint and add a third party, or if you have proof that the debt is reported in error, and the CA has that proof and refused to do anything, you can amend your complaint to include the resulting FCRA violation. That would not require the addition of another party.Lot of trouble for 60 bucks isn't it? Link to comment Share on other sites More sharing options...
goinfor800 Posted July 18, 2006 Author Report Share Posted July 18, 2006 You can always dismiss the lawsuit, but why? Do you have a good case? You must be a little hesitant to be posting your questions. It would be nice to see what you stated in your basis for claim in lawsuit. Link to comment Share on other sites More sharing options...
goinfor800 Posted July 18, 2006 Author Report Share Posted July 18, 2006 If you choose to dismiss your claim I would certainly make that conditional upon dismissal of the counterclaim.Like admin stated, we don't know what your claim is for, so not much can be said about that.You can amend your complaint and add a third party, or if you have proof that the debt is reported in error, and the CA has that proof and refused to do anything, you can amend your complaint to include the resulting FCRA violation. That would not require the addition of another party.Lot of trouble for 60 bucks isn't it? Link to comment Share on other sites More sharing options...
goinfor800 Posted July 18, 2006 Author Report Share Posted July 18, 2006 I stand to be corrected...it is a lot of 'fuss' over a $65.49 debt. Heck, I paid more to file a claim and might as well had paid the debt. The problem is...this debt is clearly a 'systemic billing error'. I ask you...how can you pay something that you know nothing about? Then the OC hires or hand-offs to a CA and says, "Sick 'em"! and "slap a collection posting on all three bureaus"! I even at one point sent them a 'pay for delete' letter just to get the darn thing off -- but no....they had to play hardball and say we'll take the money and post it as Paid Collection Only! Even now, they are bullying the same folks who hired them.Not to go on and on...but at the time -- no one would listen to me and now at least we got some communication going. Lastly, it is well worth the fight. I have lost a few thousand dollars over the last year or two with this thing on my report. Has it prevented me from getting credit no...have I had to pay higher interest rates because of it...H#LL YEAH! Just this past April I went to my credit union to get an increase on my 'unsecured credit card' which I acquired in October 2005 in the amount of $2500. I wanted to double the amount (I always work it like that), the manager pulled up EQFX and there's that darn CA item again...unpaid staring me in the face. He said that he would authorize an increase of an additional $1000 but that the unpaid medical collection was really affecting my score! The rate is 12.9 and I was too embarrase to ask for a reduction at the time. (I felt like I failed - how could I have come in here and sat in this chair without 'scimming' my EQFX and remembering to address that 'dangling' collection item. I quickly got over the sorrow and next was pissed...hence fast-forward to present day!We need our scores to reflect accurately so that we are treated fairly when at the table regarding financial inquiries. I see a lot of postings on this board and I am no angel but I have made a full effort to do a 360 degree change and my credit is my lifeline.I have at my desk a flyer that is titled 'Rotary International' -It speaks of a 4-way test of the things we think, say or do:Is it the TRUTHIs is FAIR to all concernedWill it build GOOD WILL and BETTER FRIENDSHIP (I like to say RELATIONSHIPS)Will it be BENEFICIAL to all concernedI've adopted this model in my 'credit repair' strategies to some point and look where it's gotten me!I'll get off my soapbox now...goinfor800 Link to comment Share on other sites More sharing options...
admin Posted July 18, 2006 Report Share Posted July 18, 2006 Well, I for one will be dying to know what happens. Let us know. Link to comment Share on other sites More sharing options...
goinfor800 Posted July 21, 2006 Author Report Share Posted July 21, 2006 UPDATE:Rec'vd a call today from Director of Compliance (of the OC) and he says the he would be willing to write - ..."that I no longer owe this $65 debt, (basically foregoing the payment) and write that it is no longer a valid debt and should not be pursued any further". He said that he could not give me this letter until my matter with the CA was resolved. (via dismissal, court - whatever)I asked if the letter could state that there be a deletion and he said no! He said that he/they (the OC) could not appear that they were threatened by a lawsuit and decided to delete. The wording of the letter that I mentioned above is the best that he could do. He explained that once I am out of the 'legal status' with the CA that he would withdraw my file from them and work it that way.Is it me, or is the proposed letter saying "PLEASE DELETE ME". Could I use this - once and if received - to give to Equifax to remove this dangling collection item? I wonder...I will check the board for a 'sample amendment' but I will ask at this time if someone could please advise how best to proceed with that to add a third party. I called the court and the clerk's response was that she only knew of attorneys to file or send those in and could not think of any forms needed. So, I don't think that there is a form...probably I just need to type up something that states who I am adding and why with signature and dates.That's it for now...goinfor800 Link to comment Share on other sites More sharing options...
goinfor800 Posted July 23, 2006 Author Report Share Posted July 23, 2006 'bump' Link to comment Share on other sites More sharing options...
nascar Posted July 24, 2006 Report Share Posted July 24, 2006 I think I sent you something twice. I got knocked offlline. Sorry for the confusion. 1 Link to comment Share on other sites More sharing options...
goinfor800 Posted July 24, 2006 Author Report Share Posted July 24, 2006 Excellent! Received successfully! I'll post an update shortly... Link to comment Share on other sites More sharing options...
goinfor800 Posted September 12, 2006 Author Report Share Posted September 12, 2006 Board,How long does it take to get a 'court date'? I filed 5/31 and as of today, 9/12 there is not a date set yet! (Clerk says that they are a 'little behind')Original creditor has been ignoring my VMs and CMRRs of which I had asked to get in writing from them on what they had proposed. (see my note on 7/21)CAs attorney ignored my letter of which I suggested that I would dismiss my claim dependant upon them agreeing to dismiss theirs. (oh well)Kinda makes one feel like they are all working together...guess I'll get my day in court soon!I'll keep you posted...goinfor800 Link to comment Share on other sites More sharing options...
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