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Is this an irrational fear? if not how do I prevent it?

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Anonymous
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Is this an irrational fear? if not how do I prevent it?

So I am trying to fix my husbands credit (mostly medical debt) and I am working on debt newest to oldest. We just got a medical debt for $144 that we would like to PFD. But this CA owns at least 5 more of his medical collections. I know that CA's can be shady . has anyone ever had the collection agency take money that was supposed to delete one medical that is new and use it for an older medical and apply is as a payment? or is this an irrational fear of mine? Most of the other medical debt is out of SOL and will be falling off his credit report by July of 2016 so they are not my priority. We plan on paying them when we have an abundance of extra money. They own a 10,000 medical bill that is set to fall off in April 2016 and i am afraid they will not PFD the new $144 but instead try and apply it as a payment on the big one and then reset our SOL Smiley Sad What can be done to prevent this from being  a possibility? The collection agency is CBC if that makes a difference

 

Thank you for your advice,

 

Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Is this an irrational fear? if not how do I prevent it?

There are instances of shady CA's and nobody knows when they'll try and pull some tricks. If you can wait, I'd get an EE on that April derog and as long as the SOL has passed, you're good. SOL's and DOFDs cannot be reset at all. Unless it's a judgement as those can go on forever. If you are now looking to take any kind of loan, patience may be your best friend in this scenario. I would assume that if the collection is about to fall off in 4 months, then the SOL has already expired and you cannot be sued. With that being said, I'm sure the CA will want their money for that 10k debt if you call before the 7 year window.

Message 2 of 6
Anonymous
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Re: Is this an irrational fear? if not how do I prevent it?

I just did a pay for delete with CBC dba Mar Joe Enterprises on Monday for 2 medical bills ($133 and $367)I had totaling $500. Both accounts are now off all three of my reports as of today. I don't know if that really helps you, but they did not want to delete it until both accounts were paid in full. These accounts would have stayed on my report until 2020. 

Message 3 of 6
Anonymous
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Re: Is this an irrational fear? if not how do I prevent it?


@Anonymous wrote:

So I am trying to fix my husbands credit (mostly medical debt) and I am working on debt newest to oldest. We just got a medical debt for $144 that we would like to PFD. But this CA owns at least 5 more of his medical collections. I know that CA's can be shady . has anyone ever had the collection agency take money that was supposed to delete one medical that is new and use it for an older medical and apply is as a payment? or is this an irrational fear of mine? Most of the other medical debt is out of SOL and will be falling off his credit report by July of 2016 so they are not my priority. We plan on paying them when we have an abundance of extra money. They own a 10,000 medical bill that is set to fall off in April 2016 and i am afraid they will not PFD the new $144 but instead try and apply it as a payment on the big one and then reset our SOL Smiley Sad What can be done to prevent this from being  a possibility? The collection agency is CBC if that makes a difference

 

Thank you for your advice,

 


If you have mutiple accounts with a collector and some are in dispute, you have the right, under FDCPA to specify what debts a payment is to be applied.

Message 4 of 6
Anonymous
Not applicable

Re: Is this an irrational fear? if not how do I prevent it?

If your worry is that they may pull more out of your checking account or credit card, pay with a money order. That way they don't have any of your account numbers.

Message 5 of 6
RobertEG
Legendary Contributor

Re: Is this an irrational fear? if not how do I prevent it?

FDCPA 816 covers multiple collections with the same debt collector, and specifies that if the consumer makes a payment to the debt collector, the consumer can direct which debt the payment is to be applied to, and the debt collector must apply the payment in accordance with the consumer's instructions.

 

Just be sure to include a statement of which debt you wish the payment be applied, and cite section 816.

Message 6 of 6
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