Old Medical Collection & Shady Collection Agency

[Anonymous]

I have a collection that has been reporting to all CBs on a monthly basis, dragging my scores. The amount is $540 for emergency medical services received in 2011. I contacted the CA known as American Collections Enterprises and a very shady rep told me that if I pay their new process is to delete completely off the credit report but said he cannot put this in writing, he went on to say that I have another account with them from Dec 2008 for $600 (which does not appear on my credit reports) he said that I still have to pay that one but I'm "lucky" that its not reporting. He went on to say that if i only paid the recent one which is reporting he would delete from CBs but would not furnish me with a zero balance invoice since I would still owe the first one. I called his boss later and she said pretty much the same thing. 

I called the OC and asked them to retract the accounts for payments and they refused saying the account is too old and it now belongs to the collection agency. Here;s the delimma, I'm more than willing to pay the $540 to the CA get this tl removed from my CRs but I'm afraid that they will renig on their verbal agreement and not delete, OR they would delete this 2011 $540 tl only to start reporting the 2008 $600 tl (which isnt currently being reported) until Dec or 6 months later. Any thoughts on what I should do? I know of some HIPAA process but its so confusing and I'm not sure it would apply since the OC wont take payment anyway.

[gdale6]

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@Anonymous wrote:

I have a collection that has been reporting to all CBs on a monthly basis, dragging my scores. The amount is $540 for emergency medical services received in 2011. I contacted the CA known as American Collections Enterprises and a very shady rep told me that if I pay their new process is to delete completely off the credit report but said he cannot put this in writing, he went on to say that I have another account with them from Dec 2008 for $600 (which does not appear on my credit reports) he said that I still have to pay that one but I'm "lucky" that its not reporting. He went on to say that if i only paid the recent one which is reporting he would delete from CBs but would not furnish me with a zero balance invoice since I would still owe the first one. I called his boss later and she said pretty much the same thing. 

I called the OC and asked them to retract the accounts for payments and they refused saying the account is too old and it now belongs to the collection agency. Here;s the delimma, I'm more than willing to pay the $540 to the CA get this tl removed from my CRs but I'm afraid that they will renig on their verbal agreement and not delete, OR they would delete this 2011 $540 tl only to start reporting the 2008 $600 tl (which isnt currently being reported) until Dec or 6 months later. Any thoughts on what I should do? I know of some HIPAA process but its so confusing and I'm not sure it would apply since the OC wont take payment anyway.

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I would take the deal that the CA is offering you, if they renig there are ways to force them to comply with their offer and I would also suggest you record the call when you call them back and have them reiterate the deal, they most assuredly are recording the call on their end.

[Anonymous]

My only fear with that strategy is that they turn around and report The older item from 2008 which isn't currently reporting..

[Anonymous]

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@Anonymous wrote:
My only fear with that strategy is that they turn around and report The older item from 2008 which isn't currently reporting..

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Which they may do. But once you pay that one, as well, it would be deleted by their agreement.

[Anonymous]

FWIW I have had great success with medical collections and verbal promises of deletion (however I have not had to deal with this particular company).  It seems to me that many CA are taking this approach whether you ask for it or not.  Keep in mind, in my experience, some of them updated to paid and then the deletion occured 30-60 days after that.  Some have had success with deletions very quickly, but all of mine have taken time.  I wouldn't worry too much about the 2008 account at it is getting so close to exclusion anyway. 

[2b2rich]

I don't blame you for being concerned if they're as shady as you say. 

1) If you can pay the $540, at least it will be a paid collection and a 50/50 chance they will hold to their word about deleting.

2) Is the second bill a medical collection also? Is Dec 2008 the date of service or could it be earlier and this is just what the CA is telling you?  If so, most medical collections will drop off of your report 7 years after the date of services (hospital stay, ER visit, etc) as opposed to the 7 1/2 years they could remain.  If that's the case, they would really only get to report it for another 7 months or so.  As long as it's past the SOL, there really isn't much they can do after that.

[RobertEG]

If they received the account in 2008, the DOFD would be substantially earlier..... perhaps 12-18 months or so.

The DOFD controls credit report exclusion of their collection, not the date they opened their collection.

I suspect that any reporting is already past the max credit report exclusion date.

As an aside, whenever you have multiple debts with a debt collector, FDCPA 810 specifically states that if you make a single payment to the debt collector, you can specify which debt the payment applies to, and the debt collector must comply with those instructions.  Make sure to send payment with an accompanying letter clearly exressing how the payment is to be applied.

I dont, as to date, see any clear violation of the FDCPA on their part, so would not now file any complaints.

[2b2rich]

I would even go one step further and write the account number on the money order so that they can't claim said letter wasn't received