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paid debt with original creditor, what to do about CA?


Jookycola
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I have bad marks on my credit. One an ID theft issue that I’m glad you all helped me with...and one legitimate $251 debt. Or so I thought. I called the CA to settle the debt for $125. The snippy lady told me she couldn't accept a lower pay out till she got a confirmation from her manager.

Later she got a little too chatty because she then let it slip that SHE is the manager of the whole office and everyone answers to her.

Busted, so now I caught her in a boldfaced lie.

Suspicious of that, I called the dentist that this bill sprung from and after a little snooping around in her computer she suprised me with her answer. The bill had been paid by my insurance back in 2005. I actually don't owe them anything. Must have been a clerical mistake. The nice lady at my dentist’s office said she’d call off the collection from the company.

I’ve waited 3 weeks and it’s still there. I called my dentist office and she said she called them and said it was a mistake and it’s paid…take it off and sent over a letter telling them to take the collection off 2 weeks ago. I waited another week still there, another week 6 weeks now and it’s still on I called these morons and they say they never were told the debt was paid or to take it off. I already know that is a lie, and they have proven to me that they lie right to my face. I have the zero balance receipt as proof and they want me to fax it to them.

I just want to know if the debt is paid and no longer exists…what action do I take if the CA refuses to remove it from my credit? Even when the OC has already told them to do so.

Is there a letter I should use to send with the receipt?

Should I not fax it and instead send it certified mail?

I’m really pissed now because they’re just messing with me now. It’s not my fault that my dentist’s office made a mistake so why should I suffer?

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If you have a copy of the letter saying "paid" I would fax it over to the CA but I would also mail it to. I would ask them to remove their tradeline right away b/c it is false.

Then dispute the tradeline with the CRA's. If you have to, also send them a copy of the paid letter.

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I have bad marks on my credit. One an ID theft issue that I’m glad you all helped me with...and one legitimate $251 debt. Or so I thought. I called the CA to settle the debt for $125. The snippy lady told me she couldn't accept a lower pay out till she got a confirmation from her manager.

Later she got a little too chatty because she then let it slip that SHE is the manager of the whole office and everyone answers to her.

Busted, so now I caught her in a boldfaced lie.

Suspicious of that, I called the dentist that this bill sprung from and after a little snooping around in her computer she suprised me with her answer. The bill had been paid by my insurance back in 2005. I actually don't owe them anything. Must have been a clerical mistake. The nice lady at my dentist’s office said she’d call off the collection from the company.

I’ve waited 3 weeks and it’s still there. I called my dentist office and she said she called them and said it was a mistake and it’s paid…take it off and sent over a letter telling them to take the collection off 2 weeks ago. I waited another week still there, another week 6 weeks now and it’s still on I called these morons and they say they never were told the debt was paid or to take it off. I already know that is a lie, and they have proven to me that they lie right to my face. I have the zero balance receipt as proof and they want me to fax it to them.

I just want to know if the debt is paid and no longer exists…what action do I take if the CA refuses to remove it from my credit? Even when the OC has already told them to do so.

Is there a letter I should use to send with the receipt?

Should I not fax it and instead send it certified mail?

I’m really pissed now because they’re just messing with me now. It’s not my fault that my dentist’s office made a mistake so why should I suffer?

Three weeks is too early to be pissed...6-8 weeks and then you have just cause to be pissed and to start smashing some heads.

Don't forget that is was your dentist's office that actually screwed up first by sending a paid account to a scumbag CA to collect.

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I know, but it's a good dentist so i won't be too mad at them and i still go there to this very day. Neither of us knew about the mistaken debt till i started checking my credit.

And it's now been 6 weeks. So i'm mad.

If i send them the zero balance receipt do i have the right to tell them to remove the negative mark or will they reserve the right to delete? or just call it paid. Since this was handled with the original creditor they no longer have the right to report this right?

So technically it should be completely removed from my report...right?

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I know, but it's a good dentist so i won't be too mad at them and i still go there to this very day. Neither of us knew about the mistaken debt till i started checking my credit.

And it's now been 6 weeks. So i'm mad.

If i send them the zero balance receipt do i have the right to tell them to remove the negative mark or will they reserve the right to delete? or just call it paid. Since this was handled with the original creditor they no longer have the right to report this right?

So technically it should be completely removed from my report...right?

The CA may remove it without a big fight and they ought to but I wouldn't count on it until it happens.

It was your dentist's office that caused the problem and his office has the most power to correct it...it may come down to you either being willing to force the issue with your dentist or living with the negative tradeline.

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I have been in third party collections 20 years and currently own a collection agency. It is ok and not uncommon for our clients to receive payments directly from insurance companies or debtors which is ok, the issue is not where the bii is paid but that it does get paid. That said, we do expect our clients to notify us immediately when they do receive a direct payment so that we can either keep the bill from going on the debtor's credit report or to allow us to update the account on their credit report showing the paid status. This dental office should have notified the CA about the payment and if it was received before assignment or paid before the CA placed it on your credit report, the CA should notify the CRAs to DELETE the debt. What I don't get is why they would drag their feet, send the update to the CRAs, send a letter to the debtor about the update and move on.

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I have been in third party collections 20 years and currently own a collection agency. It is ok and not uncommon for our clients to receive payments directly from insurance companies or debtors which is ok, the issue is not where the bii is paid but that it does get paid. That said, we do expect our clients to notify us immediately when they do receive a direct payment so that we can either keep the bill from going on the debtor's credit report or to allow us to update the account on their credit report showing the paid status. This dental office should have notified the CA about the payment and if it was received before assignment or paid before the CA placed it on your credit report, the CA should notify the CRAs to DELETE the debt. What I don't get is why they would drag their feet, send the update to the CRAs, send a letter to the debtor about the update and move on.

Yeah...the problem is that most collection agencies violate the law routinely whether out of stupidity or malice is difficult to say but they often seem to go out of their way, to screw with consumer's credit reports.

If your office is one of the few that plays by the rules that's great but if so, your agency is in the minority and one only has to peruse boards like this one to know that.

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I have been in third party collections 20 years and currently own a collection agency. It is ok and not uncommon for our clients to receive payments directly from insurance companies or debtors which is ok, the issue is not where the bii is paid but that it does get paid. That said, we do expect our clients to notify us immediately when they do receive a direct payment so that we can either keep the bill from going on the debtor's credit report or to allow us to update the account on their credit report showing the paid status. This dental office should have notified the CA about the payment and if it was received before assignment or paid before the CA placed it on your credit report, the CA should notify the CRAs to DELETE the debt. What I don't get is why they would drag their feet, send the update to the CRAs, send a letter to the debtor about the update and move on.

I buy your post for ohh..about 30 seconds..:evil:

Kinda humorous to see CA trolls post on this board.. lurking to try and steal plays from the sidelines huh?

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I don't think a CA who posts and says up front that he is a CA is exactly "lurking". :)

Also, everyone should assume that CAs spend time on consumer boards (because they do) meaning you never want to post so much detail that it's easy for a CA to figure out "who" you are and use your own posts against you.

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ok..stop, rewind...'lurking' was a poor word choice..at least for this particular poster..I was just trying to be nice..:)

Good point on other CA's. I actually went back some time ago and deleted some info I posted in question I posted here. When I Googled a particular CA my thread on this site came up on the first page..realized maybe TMI..

..now back to your regularly scheduled programming..

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Ok, so long story short. If the original creditor has been paid, and the debt has been settled. The CA is no longer obligated to report the debt to the CRA's correct?

So i can request them to remove it.

I love the dentist, but they aren't exactly moving at light speed to remove this and i want it off like...now. They are not doing it to be rude, or lazy. It's just a busy office and i'm sure they're number 1 priority isn't to get the debt removed from my credit. They said they told the CA to drop it and the CA says they never got any such order. I trust the dentist offices word, over some scumbag CA. So i want to proceed with a letter to tell them to take it down...or?

sue?

Do i even have a right to make them take it off?

Some of you say yes, some no and some maybe. I want it off, it was paid nearly a decade ago. If they are trying to play a game with me and NOT listen to the dentists request then i want to know i have right to go after them.

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Ok, so long story short. If the original creditor has been paid, and the debt has been settled. The CA is no longer obligated to report the debt to the CRA's correct?

No data furnisher is ever required to report anything...some furnishers, including CAs do as a matter of course and some don't.

So i can request them to remove it.

Yes but they are under no obligation to remove it.

A data furnisher's obligation is to report accurately; they are not obligated to remove an accurately reported tradeline.

I love the dentist, but they aren't exactly moving at light speed to remove this and i want it off like...now. They are not doing it to be rude, or lazy. It's just a busy office and i'm sure they're number 1 priority isn't to get the debt removed from my credit. They said they told the CA to drop it and the CA says they never got any such order. I trust the dentist offices word, over some scumbag CA. So i want to proceed with a letter to tell them to take it down...

While it's true that most CAs are scumbags I'm trying to get you to see that they aren't the real problem here. I would tend to believe your dentist's office over a CA too but then again, this is the same dentists office that sent a paid account out to a CA for collection so in my book, your dentists office isn't all that trustworthy either.

...or?

sue?

Do i even have a right to make them take it off?

Some of you say yes, some no and some maybe. I want it off, it was paid nearly a decade ago. If they are trying to play a game with me and NOT listen to the dentists request then i want to know i have right to go after them.

Can the dentist's office prove they've called back the collection and ordered the CA to remove the tradeline? Are your dentist/his staff willing to testify in court that they did so?

Knowing and proving are two different things and you don't sue someone just because of what you think you know.

I really do appreciate that you love your dentist but since his office made the initial mistake; his office has both the primary responsibility and the most power to correct their error. If they've really recalled the account and told their CA to remove the tradeline and this CA is screwing with you anyway then it's important that your dentist knows he has hired a scummy CA who is willing to f*** with the dentist's clients even after the dentist has told them to back off.

You are going to have to decide what is more important to you; if it's your credit report then you may have to ruffle your dentist's feathers...if it's your relationship wit your dentist then you may have to live with your credit report as it is.

One final thought...while you dentist may be great, his office staff may be lying to cover their own asses...it wouldn't be the first time...and if that's the case then your anger toward the CA is misplaced.

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Ok i got a copy faxed to me of the letter my dentist sent the CA Certified Mail where they informed the CA that the debt was paid satisfactory and that the negative marks to be removed from my credit reports. The letter was signed by a woman at the CA the office on 2/12!!!!

It's 3/22 and it's still on all three of my CRA reports as of today. If the orignal creditor told them to take it off over a month ago shouldn't it be off?

Remember i told the CA about this weeks ago, and they obviously lied to me when they said they never heard any order to take the debt down. (Since i now have confirmed delivery of the note the Original Creditor sent the CA. And it was signed and date confirmed deliverd to CA even before i called)

I am disputing it with the CRA's, and the dispute is pending as we speak. But i'm afraid it will either come back as "paid" and remain on my credit, which is B.S. because the original creditor told them to remove it. And i want it removed. Or even worse they lie and verify it. At this point what is my course of action. This is an obvious violation correct?

I don't honestly want to go through the red tape of going to court...i just want the damn thing off my report. I'm getting really mad now.

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You are going to have to keep pushing...call them again...write them again...make bothering them your part time job.

Complain to your state AG and the FTC and the BBB - make sure that everyone you complain to knows that this isn't some PFD but that the bill was paid on time...that there was never a debt for this CA to ever have been involved in.

If you aren't getting anywhere after a time (however long you want to wait); send them one final letter and include a copy of the letter from your dentist's office...tell them that if they don't follow their employer's (the dentists) instructions you will sue them and the dentists office for both compensatory and punitive damages for their intentional and malicious acts to damage your credit history and your reputation.

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The key here to get this deleted is when the insurance carrier paid.

1. Normal turnaround for medical claims is 30 days if done by computer, longer if not. When did insurance pay claim? When was it submitted? To double check this, call the insurance and ask for a copy of the EOB. Since date submitted is not on the EOB, ask the rep. Be sure and note date, time, and name of rep. Let them know what happened. Some carriers have special departments to help you with this.

2. If this claim was assigned before CO, the blame falls solely on the OC. It is up to them to correct this by contacting their assignee informing them the claim was "assigned in error" and have the TL deleted.

3. If claim was not paid within the norm of 180 days in medical, and charged off prior to payment, then account can be legally reported as "Paid".

BUT, if the OC failed to notify their assignee when claim was paid, this is where you request deletion as an offer of apology.

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The key here to get this deleted is when the insurance carrier paid.

1. Normal turnaround for medical claims is 30 days if done by computer, longer if not. When did insurance pay claim? When was it submitted? To double check this, call the insurance and ask for a copy of the EOB. Since date submitted is not on the EOB, ask the rep. Be sure and note date, time, and name of rep. Let them know what happened. Some carriers have special departments to help you with this.

2. If this claim was assigned before CO, the blame falls solely on the OC. It is up to them to correct this by contacting their assignee informing them the claim was "assigned in error" and have the TL deleted.

3. If claim was not paid within the norm of 180 days in medical, and charged off prior to payment, then account can be legally reported as "Paid".

BUT, if the OC failed to notify their assignee when claim was paid, this is where you request deletion as an offer of apology.

Unless I've misunderstood the OP; it is clearly the dentist's office that screwed up and they've taken responsibility for it (even to the extent of writing the CA and requesting they remove the tradeline) and it's the CA who is digging in their heals.

The CA seems intent on being stupid here but this is also complicated by the fact that the OP likes the dentists and doesn't want to push too hard on the dentist to get this taken care of.

This may come down to to OP deciding what is more important to them; the credit report or the relationship with the dentist.

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If part of the problem from beginning, and necessary, just more ammo to use against the CA, Robert.

Personally, the OP should just send the copy received from OC to the CA by CMRR and allow them 10 days to postmark a letter that they will delete. Then, don't wait for them, just send a copy of that letter to the CRA's and ask it be deleted. Then it is done in less than 30 days.

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