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Five & Half Year Old Debt Reported on My FICO

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Anonymous
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Five & Half Year Old Debt Reported on My FICO

Here is a bit of questionable behavior from a debt for ER visit I had in 2011 reported to the CB in 12/2016.

I got a letter in in 11/2016 regarding a physicians service. I never received any bills or collection notices about this account.

In Nov.2016 I received a collection notice from Mitchell D. Bluhm & Associates, LLC for sum of 593.00 for services. I immediately contacted them

regarding this and they told me they had purchased the debt.

There is no collections in my CR from those dates or from the original service's.

I guess I'm trying find out if this is legal or legit. I think I can get it removed but it impacted my score about 25 points.

 

Thanks

 

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Five & Half Year Old Debt Reported on My FICO

Billing notice after a consumer contracts for debt is only required for revolving credit, as by definition the monthly balance "revolves" around the discretionary use of the credit by the consumer.  That is mandated under the Fair Credit Billing Act.

For installment and "open" type credit, the monthly amounts are fixed by contract, either by payment of equal and defined monthly installments, or by payment in full upon contract for the debt.

 

Medical debt is usually due at time of service, and "billing" is defined by the contract.  The consumer is charged with notice of the debt via their contracting for services, usually in the form of a permission form agreeing to payment when services are rendered.

No additional notices are usually required.

 

As for collections, a debt collector can delay reporting of their collection at their discretion, or choose never to report.

Notice to the consumer is only required after they have initiated collection activities.

 

I see nothing in the posted scenario that was a violation of any notification requirment.

The post does not contest the legitimacy of the debt per se.  However, if it is contested, you can always send a DV within 30 days of dunning notice.

If the dunning notice was sent in 11/2016, however, a DV request at this time would not be timely, and thus could be ignored by the debt collector, leaving only civil action to force consideration of the legitimacy of the debt.

 

 

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