I hate Discover. When I was 18 I was stupid and had a 5k limit. I quit paying on it May 2003. Kansas SOL is 3 years on an open account. They placed the account with some law firm in MO in 2004. I sent the rent-a-lawyer a DV and C&D. They never responded and I have heard nothing since roughly May 2004. I keep trying to dispute this to make it go away. The tradeline is by Discover only. Best suggestions to attack this? Can Discover continue to verify a debt outside the SOL, and update the "verified" information to the CRA? TIA I also have a very very small medical debt that is only reporting on EQ EX for 66.00. I have tried the PFD letter, but the CA refuses to accept it. I have tried with the OC, they tell me to talk to the CA. Suggestions on this?
According to the information you have provided, Discover can report the information until about November 2010. The SOL on a debt is State regulated. The reporting period (often cited incorrectly as SOL) is Federally regulated at 7 years from the charge-off date. Charge-Off date is normally 180 days from the first missed payment. As for the Medical collection, you can try the HIPAA process, search for HIPAA and Whychat (he has tons of info on this).
Is the medical debt amount accurate and owed? Was an insurance claim submitted in relation to the medical debt? Was the claim paid? Was the medical provider in-network? Was the amount correctly adjusted to reflect their contracted rates? Were you billed, accurately reflecting all of the above?
Yes they sent me a statement from the OC, a copy of the privacy act I signed and my DL. Insurance was filed, and paid their share. I moved and did not receive any billing or phone calls from the OC and had no idea about this. I have tried disputing as, moved never received last bill, but it comes back verified.
You sent Discover a DV and a C&D? Did you send it cert. mail? do you have that proof? Was it time barred C&D? (please refer to jam237's posts on time barred ceast and desist) If you have the proof and they received the letter and are still reporting that could be violations galore since 2004....couldn't it guys? As far as the medical bill: PFD's don't work for me either. Send them a DV. I doubt they can provide enough info to validate it or will try that hard for $66.00.
Reatha: If the rent-a-lawyer was reporting, yes... The OP says that it's only Discover that's reporting... The best way to attack Discover would be to find details of the account which are in error, that you could dispute, balance, date of last activity, date of original delinquency commencing upon charge off, date opened, date closed, etc... Compare what they're reporting to all three CRAs, and nit-pick any differences that you can find. Then dispute the tradelines with the CRAs. With only about 4 years, you are more than likely within their DRP (Documentation Retention Period) so they'll be able to gather documentation to respond to the disputes. 5 years is typically the DRP; after that Johnson v. MBNA revealed the OC's Achiele's Heel; without the original documentation, they can not CONCLUSIVELY VERIFY disputes of factual errors, except based upon a cursory review of their computer systems; which you can argue is not adequate.
Discover is the only tradeline reporting. The rent-a-lawyer im not even sure has the account anymore. I dont know who does. I guess if they can prove I signed a contract I might be screwed for another year on the SOL. The medical bill: The CA provided the billing statement, insurance response showing their payment and allowances, the forms I signed, and a copy of my DL. I've been faxing both the CA and OC every day the same letter giving them the same deadline. Maybe I'll just annoy them to sign it?
EQ deleted the tradeline line a year or more ago, but TU and EX wont budge. All the info is correct from what they are reporting. I dont see a DOLP on my credit report, More about DISCOVER FIN Remarks: [TransUnion] Charged off as bad debt Dispute of account information/closed by consumer [Experian] Account closed at consumer's request and in dispute Unpaid balance reported as a loss by the credit grantor. TransUnion Experian Past Due: $6190 $6190 High Balance: $6190 Terms: Limit: $5000 $5000 Payment: Opened: 07/02/2002 07/2002 Reported: 03/01/2007 03/15/2007 Responsibility: Individual Individual
Have you followed Why Chat's advice and deleted your personal information before disputing the TL again with the CRA? Sounds basic, I know, but guess what? It works...
Personal information like addresses and name misspellings are regularly used by the CRA's to "verify" a TL is attached to a person making a dispute. Remove the matching address before the TL is disputed, and magically a much larger percentage of negative TL's are deleted. Why? The CRA has to go through more effort, take more time, the furnisher must do the same, and many TL's simply do not get verified in time for the 30 to 45 day window.
Oh, yes I have done that. There are no misspellings, and all old addresses have been removed. If I use whychat's letter, do I fax them a restriced agreement with my credit card number, stating if they accept this they are agreeing to the terms on the letter? Will that work?
I noticed also on the medical debt, the CA is reporting incorrectly. The DOS with the Dr office is 04/05. They have the date opened 08/06. Grounds for removal? Creditor Name: CA Account No.: ACCT NO Original Creditor: Dr Responsibility: Individual Condition: Derogatory Original Balance: $63 Balance: $63 Date Opened: 08/2006 Date Reported: 03/28/2007
Not sure what you means " grounds for removal ". If it is inaccurate, send a letter to that effect to the CRA. In itself, nothing consitutes grounds for removal unless you dispute it. The obligation a CRA has it to sell accurate information, so if you point it out to them they have either option: correct it or delete it. Sometimes it is easier or cheaper for them to delete it.
What about a restrictive endorsement along with whychat's letter? What is the proper wording of the restrictive endorsement? Kansas allows them and is legally binding.
I have disputed them and they come back verified on EX and EQ. They are reporing the open date on the account as 08/06, which the DOS is 04/05. I have disputed that as incorrect but it comes back verified. Should I try the letter and pay it or file suit?
On the medical debt that I tried the PFD on, I received a response back from the doctors office, they said that it it inappropriate for me to dispute the claim as they have valid charges and they will not sign a PFD a to pay them or the CA immediately and they will mark it as paid in full. Suggestions?
They also stated to quit contacting them regarding the debt, can I get them on anything for not contacting me regarding the debt before sending it to collections?
