Here's the deal. Jan 02 Wife had surgery. We had two insurance policies. I'm in the military-she had a policy through her work. Both policies with the same company. Hospital only bills one policy. Never received any bills, late notices, etc. Fast forward to January 04. I checked my CR and notice a collection on TU and Exp. Contact collection agency by phone (I know-dumb) Collection agency states that this is on my report because Cali is a community property state and I owe my wife's debt if she doesn't pay. I say ok, send me all documentation. Of course nothing shows up, even though I gave them all my new info-address, etc. February 16 I just want this off my CR. I call back and say I'll pay the collection, but want it off both mine and my wifes CR. They say OK. I pay with credit card and they send me a fax stating that bill is paid in full and they will delete. Febuary 29 I say screw it and dispute with TU. I got a letter back today from TU saying verified. TL still shows, balance still shows, etc. It is exactly the same as it was back in January. What step(s) should I take next? I'm pretty sure I have one violation for them verifying with TU and not even chaning to "paid". Breach of contract-another issue. FDCPA-Collectors will make no false statements. Although it doesn't specify this type of thing, I think it may be valid. I paid the debt based on their assurances that it would be removed from CR. Any suggestions on how to proceed? Thanks
Letter Text 1. "To Whom It May Concern, The above referenced claim has been paid in full. We are under instructions from our client (the original creditor), to remove our tradeline from the credit profile of the above parties. M xxxxxx is not responsible for the credit bureau's or independent agencies' response times in reflecting this update. Sincerely, M xxxxxx(CA)" The OC TL is not showing on my CR's. I just want to get the collection off.
Letter Text 1. "To Whom It May Concern, The above referenced claim has been paid in full. We are under instructions from our client (the original creditor), to remove our tradeline from the credit profile of the above parties. M xxxxxx is not responsible for the credit bureau's or independent agencies' response times in reflecting this update. Sincerely, M xxxxxx(CA)" The OC TL is not showing on my CR's. I just want to get the collection off.
"Febuary 29 I say screw it and dispute with TU. I got a letter back today from TU saying verified. TL still shows, balance still shows, etc. It is exactly the same as it was back in January." -Did you send a copy of the "deletion letter" to the reporting agency?? -The timeline is kinda tight, so it may easily be dismissed as "passing in the mail". -You might want to start the process over again. Sending a dispute letter to the reporting agency disputing the STATUS of the entry and informing them the "furnisher" has requested deletion (include a copy of the letter), will cause the reporting agency to contact the collection agency who is required to conduct an investigtion. -IF the collection agency re-reports the account AND the reporting agency also "verifies" it, then they both can be in violation of FCRA 623 (b) for failing to conduct a proper investigation, as well as several other sections "Breach of contract" -Not sure if this would be easy to prove.
