No, that little mishap about billing that wasn't mine was a gas bill and that was deleted a little while back in a dispute (yeah!). This bill is legit, I beleive. It was a final bill after moving, but it is most likely accurate. What do you think of the list of things that I think are errors? Of the 2 CRA's where it is now listed, 1 does not have a date when it is expected to be removed, and the other says it should be removed by Aug., 2008, about 2 yrs from now, about 2 1/2 yrs from when it was paid.
Aug. 2008 is about right for a bill originally delinquent in 2001. It falls off based on when it first went delinquent, not when it was paid, if ever.
Sometimes old records can be deleted after a few years. Is there a chance I could get this deleted sooner than 2008? This isn't an old record now, but can it be old in about 6 months or so? How long will someone hold onto a record of an account that has been paid? Also, what about errors? Is this something I should attempt to get delete based on errors? Are those items I listed in fact errors? Also, if I write a goodwill letter to the first account's OC, does that admit all is ok, and that does stop my path of trying the way I was heading in the first place? FYI, that problem that took me to the ER - I ended needing surgery 3 months later, so I kinda had a lot going on and not getting that bill paid in time was easy to do in that circumstance.
Since I didn't wait any more time (trying to more decisive and quicker about it), I mailed out 2 more letters today (CM/RRR): 1. CA #1 - the one that appears to be correct and sent a Dr. statement for validation on hospital letterhead - I think I have no more options with this one - I wrote a goodwill letter to the OC, a hospital. If that doesn't work, I'll write to the CEO. 2. CA #2 - the one that appears to have errors, and they only sent a letter to confirm the debt is mine rather than any kind of validation. If this doesn't work, I'll go to BBB/FTC, or maybe the CEO of the OC (a phone company), then ITS if it still doesn't work, because I do think there are violations (errors, see my post about 5 posts previous to this one for those errors, and let me know if you think they are in fact errors) Also, I got my 3rd (and last) response to my DV's today. (Let's call this CA #3) Again, keep in mind this is also a paid account. (all 3 of my remaining negs. are paid, and my efforts now are to try to have those removed; hoping to buy a house soon) What they sent me was worth nothing. Fisrt I will post the letter I sent them - notice how clear I was about what I am looking for. Then I will post their response. My letter Their response " Your account indicated above has been paid in full. As a result of this change in your account status, the credit reporting agencies used, will be notified. However we have no control over how long it may take the credit reporting agencies to update your file." The they signed it, and have the usual "This communication is from a debt collector...." First of all, there is nothing to update - the CR already says it's paid. I hope they don't intend to "update" the date to a nwer date. Second, they did not respond to anything like a validation. Is that considered a violation? If so, my next step can be to write to them and say they are in violation and they must remove or I will take further action. Aslo, I think the BBB can be helpful in many cases, but I don't know when to use them. So far, I am creating a paper trail to show I've tried to communicate with the CA and gave them a chance to remove. This CA is, I beleive, reporting erroniously (see the list of what I think are errors just about 5 posts previous to this one and let me know what you think), and I beleive they refused my request for validation. I'm thinking I should go straight to BBB now, and if that doesn't work, write an ITS letter and take it to that level. Thoughts, anyone?
Suzie, I am going through the same thing you are, trying to get an CA (paid in error)TL removed from my account, but I am a few steps behind you in the process. I am just now sending my first DV to the CA. I am answering your post only because I would like to point out that I think that Ishmaels post ealier answers your current question... (quote) Suzie46, out of courtesy I would send one more letter to the collector and state that in your reading of the caselaw and the statutes you cannot agree with their position. Inform them that it is your belief that they have effectively refused to validate and that they are already in violation. Tell them that you will wait exactly one week and then begin the process of having an attorney bring them to court. I know that you said it is your goal to avoid this going to court, but I don't think is a reasonable goal...your goal is to use the law to force a system that is inherently against you to treat you with dignity and respect. It follows that from time to time you are going to require someone to step in and make sure that everyone is playing by the rules. (unquote) It also appears (if I am reading correctly) that you may receive damages if you do end up taking them to court if they refused to validate or note your account as disputed...I'm not sure about this, there is soooo much info on this board that it starts to overwhelm. It's a great thing though, probably one of the BEST uses of the internet I have ever come across. Good Luck.
Thanks for your response, Bellathegr. I did already send my 2 letters; 1 to the OC of the medical thing, and 1 to the CA of the 2nd case I mentioned (utility). I did that after re-reading this thread many times over, looking for what I should do. I did see Ishmal's advise, and I wrote letters based on that, posted copies here, and then got other advise on those letters that seemed like I shouldn't send it to one of them (#1). from ontrack, postb #34 (I think) So I sent a goodwill letter to that OC - I just got the green card back today. I did send that letter that I posted here to CA#2 (utility) and got that green card back today. After re-reading this thread many, many time and looking at my CR's many times, I think I have a plan. With CA#1, the one I just sent the goodwill to, after looking over my CR's many more times, I came to this conclusion: CA #1 made reporting errors from the start of their reporting (I'm still learning, and maybe I should have jumped on that right away, but I was following the litigous mindset strategy and thought I should have proof that I tried several things, building my case along the way, and gathering evidence.) Anyway, when I disputed in June, 06, CA#1 "updated" and reported info correctly but now it has a fresh new date due to "recent changes" which has a neg. effect on my score. Bottom line, their wrong reporting at first was a violation and it had a neg. effect on my score, and now this "update", with a newer date that should not have been necessary had they reported correctly in the first place, now that has caused a hurt to my score. Therefore, if this OC goodwill doesn't work, my next plan is to file a BBB/FTC report, sending them all of my letters as documentation. I'm hopeful that will get it removed. If not, I'll go to ITS letter. CA#2 has reporting errors and did not send validation upon my request. I sent them the letter that I posted here. If they do not remove, my next step is ITS, BBB, and FTC all at the same time - I'm not playing with them. My concern is that all of my options will expire soon. If I understand correctly, I only have 1 year to take any action, and these items were paid in Dec, 05. PS: There is a 3rd CA (my last item) and I got the green card back from them after the others (I send DV letter). I got nothing like validation back, and I'm still working on the details of how to handle that. It is a phone bill (paid), I sent DV, got a letter back saying: Since this is not validation, I think this might be a violation (not sure). The CR was "updated" with dispute, but no fresh date, so all appears to accurate. I think the only thing I can do is either send goodwill to CEO of OC, or try BBB. I appreciate all insights to any of this.
Technically, your validation rights are in the FDCPA section about the letter they are required to send you within 5 days of first contact, notifying you of them. That letter does not have to be sent (and mayby they don't have to validate) if you have already paid. See, for example: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 "§ 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ..." But that is no excuse for erroneous reporting, and you can still dispute with any data furnisher under FCRA. So if they claim they don't have to validate, tell them it is a FACTA dispute, and they have to investigate and fix it, or remove it.
Don't be too quick to discount working through the hospital! I recently had a paid CO deleted because I went through the public relations department of a bank and spoke to a supervisor. She referred me to the collection accounts customer service supervisor. This lady was very company-image minded and she was very upset that a minor matter has done so much damage to my life. She told me - "I'll tell you what, not only will this be deleted, but the amount that you erroneously paid to the collection agency will be refunded by them in the next 10 days." I am still waiting for the check. But the reality is - if the collection agency is on contract with the hospital, they don't want to lose that contract. If you can find someone in the hospital with a friendly heart and some authority, you can get it deleted that way. I had a total of 4 charge offs on my file. 3 were deleted by finding the right soft-hearted person to talk to. In all 3 cases it was with the OC!!!! I figured - everyone does the standard song and dance with the CA's. They've heard it 100,000 times! But the public relations desk at a bank??? Never give up and see if your people skills can work some magic.
I hope goodwill has a good result. I sent one to hopsital, I got the signed green card back about a week ago, but as of yet, no response. There is another item I may want to try Goodwill on. And my last one, I'm not playing, I'm ready to contact FTC, BBB about this. I do appreciate all advise, and I'll keep ya posted on results. I hope it helps others.
Looking for advise on my next step. I sent those 2 letters out 17 days ago, and I have not gotten a response yet. 1. Goodwill to hospital. I gave no time limit in my letter but it has been 3 weeks now. Should I now move on to BBB/AG/? 2. Letter to CA. I requested validation before. They sent me back a letter that offers nothing in the way of validation. I wrote a 2nd letter saying: It has been 18 days since they signed my green card for this letter and I have not heard anything. As of 4 days ago, all are still listed on my CR. So neither have taken any action, either by writing to me or by removing from credit. I need to know what I should next. 1. With hospital/Goodwill - should I go to BBB/AG, or CEO of hsopital? 2. With CA. It is a utility bill (pd) in another state. This account is reported 3 different ways with each of the 3 CRA's, so I beleive there are errors. If I go to BBB/AG, which state should I use, the state where I now live or the state where the bill originated from? Or both? Thanks
"1. With hospital/Goodwill - should I go to BBB/AG, or CEO of hsopital?" On what basis? If any "late" payment to you was the result of the hospital screwing up the billing, failing to send a proper claim to your insurance, etc, resulting in erroneous inflated bills sent to you that you disputed until they corrected, then make your complaints on that basis, to hospital CEO, BBB, etc. This is not strictly speaking "goodwill", it is an issue of competent customer service, and in fact erroneous reporting. You expect them to do the right thing, and not further damage you for their own mistakes.
As best as I can tell, the hospital is correct. My seeking deletion as a gesture of goodwill is my hoping they, as a public service orientated company, will consider my situation and be nice. I guess if I went to BBB/AG, I would say this: Iwould send them a copy of my goodwill letter, where I state my circumstances (health issues that needed surgery while working full time (a little overwhelmed) and having medical bills from more than once source in a short order of time, and that it only took 7 months from date of service to being on my CR, and when I noticed it on CR, I called to pay it, and that it was only on my CR for 1 month when I paid it, and to consider that the time frame of the servce/repoting and my health and work situations was a little much in a short time, and that the report isn't an accurate reflection of my ability to pay my bills, but a brief period of hardship for me, and that I ask that since I stepped up in good faith to pay it as soon as I became aware of it, I was asking them to help me clean up my CR as a gesture of goodwill. Would a BBB or AG feel more inclined to help me out? Would the CEO of the hospital be more help?
If it is not actually illegal, I don't know what AG would do. BBB also deals with just complaints about service, whether illegal or not. During that time did they repeatedly bill you for the 7 months? If they only sent one bill at the beginning, then 6 months later sent it to collection, it is easy to see how it could get lost among all the medical bills, or even never arrived, based on mail problems. If they billed you every month, that sounds weaker, and you are looking for more "goodwill".
The trouble is that it was an ER visit, and there are bills from more than one source - the hospital bills for "facility charge", the ER doctor bills seperately, and the radiology (X-ray) bills seperately. They may have sent bills more than once in the beginning, and by the 7th month, it went to collections. It was only in collection for 1 month when I paid it. I am absolutely looking for goodwill but am having a hard time finding it. The info in my goodwill is 100% true, and it doesn't seem fair that what is in fact being late paying a bill will be a negative mark on my CR for years. Medical bills go to collections quickly, there are seperate bills for the same date of service, and I was dealing with a health issue that needed 2 surgeries in less than a year while trying to work full time. I think with all of that, a little goodwill could be extended. I paid this bill, so the fact that I stepped up on my own (a little late, granted) while dealing with many things should be worth something. I looked for goodwill from CA back in May. They said since they didn't make any mistakes, they wouldn't remove. They also said that if they removed, they would have to admit to or show a mistake, so they do not want to do that in any case, and esp. when they certainly won't admit to a mistake they didn't make. So I turned to the hospital. I am just looking for someone to show some goodwill. Who will most likely do this? Ceo, maybe? BBB? I could turn it into a complaint about the service.
