topic Re: Please Help in Rebuilding Your Credit

Please Help

bobtail — Wed, 01 Dec 2010 23:58:48 GMT

Hello,

Feb. 2009, I took my 22 year old son to a "Dr. Is In", for an ear infection. Pulled my credit report, it is showing a Apex collection account for that visit. He is not a student. He is not covered on my medical insurance.

Never received any mail or telephone calls from Apex.

I had clean credit, no baddies, everything paid as agreed. no public records, no chargeoffs, never late on anything.

What can I do? Am I responsible for his bill? He does not live with me.

It is only 190.00, my credit is worth more to me. Should I try to PFD?

Re: Please Help

Anonymous — Thu, 02 Dec 2010 01:36:33 GMT

@bobtail wrote:
Hello,

Feb. 2009, I took my 22 year old son to a "Dr. Is In", for an ear infection. Pulled my credit report, it is showing a Apex collection account for that visit. He is not a student. He is not covered on my medical insurance.

Never received any mail or telephone calls from Apex.

I had clean credit, no baddies, everything paid as agreed. no public records, no chargeoffs, never late on anything.

What can I do? Am I responsible for his bill? He does not live with me.

It is only 190.00, my credit is worth more to me. Should I try to PFD?

When you took him to the DR did you sign papers? Some one had to sign to allow treatment, if your son signed and he was 22 he would be responsible for this debt.

IMO I would just make an attempt to contact and offer the PFD as you stated. Paying $190 to rid the aggravation is worth it. I have no dealings with Apex so I am unsure of how they are to deal with, hopefully some one else will have some information to share about them.

Re: Please Help

MarineVietVet — Thu, 02 Dec 2010 01:42:02 GMT

I agree with JM-AM. Someone has to sign papers at the doctor saying who will be responsible for the bill.Was it you or your son who signed them? Do you remember?

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Re: Please Help

bobtail — Sat, 04 Dec 2010 00:42:52 GMT

I disputed with CB. Trans Union deleted within 48hrs. Experian said debt was verified and told not to remove. Equifax still pending. I called Apex, agent said Dr. office said I signed paperwork, authorizing any medical records needed could be released. I never received the bill. I told agent, if my son owes this debt, I will pay it in full today, if it is deleted from all CB'S.

She asked if she could get back to me. She was not authorized to make this agreement. That was 9AM, she never called back. Should I wait, call back or maybe send an email.

If they don't agree, would this debt, after paid qualify for the HIPPA process? I am so upset. In two years, I have cleaned up a horrible credit report and maintained a perfect credit history. Starting with a score of 450, raising and keeping a score of 795.

Any suggestions will be greatly appreciated.

Thank You

Re: Please Help

Anonymous — Sat, 04 Dec 2010 01:01:28 GMT

Is it possible the OC (hospital, Dr, etc) still owns the bill? This may be a reason as to why they can not make the decision since they are only working on behalf of the OC.

Re: Please Help

MarineVietVet — Sat, 04 Dec 2010 01:55:03 GMT

@bobtail wrote:
I disputed with CB. Trans Union deleted within 48hrs. Experian said debt was verified and told not to remove. Equifax still pending. I called Apex, agent said Dr. office said I signed paperwork, authorizing any medical records needed could be released. I never received the bill. I told agent, if my son owes this debt, I will pay it in full today, if it is deleted from all CB'S.

She asked if she could get back to me. She was not authorized to make this agreement. That was 9AM, she never called back. Should I wait, call back or maybe send an email.

If they don't agree, would this debt, after paid qualify for the HIPPA process? I am so upset. In two years, I have cleaned up a horrible credit report and maintained a perfect credit history. Starting with a score of 450, raising and keeping a score of 795.

Any suggestions will be greatly appreciated.

Thank You

I believe that is the case.

Re: Please Help

RobertEG — Sat, 04 Dec 2010 07:28:22 GMT

If a debt collector posts to your CR, they must send to you, within 5-days therafter, a written collection (dunning) notice under the provisions of FDCPA 809(a). That statute exists for those who dont regularly review their credit reports for submarine collections that are killing their credit scores. That is not your obligation.

So they are apparently in violation of FDCPA 809(a).

I would use that to my advantage. Since they posted to your CR, which has been afftecting your credit score from that date, and provided you no notice of their collection activity, it has had a long and negative impact on your ability to dispute the contested postiing.

I would send the debt collector, "Apex," the following letter. Forget any involvement by the CRA, (I would not menton the fact that you paid the debt. That may be considered by them as a tacit admiission of obligation, and tthus grounds for dismissal of a dispute of theri reporting. Let that dead dawg lay)

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

"This is a direct dispute of your credit reporting, but is also accompanied by a separate request for debt validation/verification under FDCPA §809(b).

“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct Dispute includes:

“Identification of the specific information being disputed:

(specify the account number, and the specific information that is disputed under

that identifying account)

“Basis for the dispute:

(how the reporting was inaccurate; was any reporting in violation of any statutory or

regulatory provisions? Or account or express agreements, or CRA reporting gudelines? Not my account?)

“Supporting documentation:

(all documents that support your dispute; Make sure to include,

as part of your documentation, at least a copy of the portion only of your

recent credit report showing their reporting of the disputed information was

actually reported to your credit flle. The implementing rule requires showing

that it appeared in your credit report, but not a copy of your entire credit report.)

“Under the provisions of FCRA §623(a)(8)(E) and 16 CFR §660.4,, you have the duty to review all of the information I have provided to you, to complete your investigation of this Direct Dispute within 30-days of my Notice of Direct Dispute, and report back to me the results of your investigation within 5-days after your completion of your investigtion.”

“Should you find the disputed information to be inaccurate or incomplete, or you cannot verify the accuracy or completeness of the disputed information, you are additionally required, under FCRA 623(b)(1)(E), to promptly notify the credit reporting agencies of deletion of this information from my credit file.”

"Additionally, I am reserving the right to file a complaint with the Federal Trade Commission for your violation of the provisions of section 809(a) of the FDCPA. Your posting of this collection activity to my credit file required you, under the provisions of FDCPA 809(a), to have sent me a written collection notice within 5-days of that activity. You did not do so. As such, I only became aware of the harmful effects of your credit reporting by stumbling upon it during my periodic review of my credit report. So, not only do dispute the accuracy of your reporting, but I also intend to pursue the harmful effects of your failure to report the collection activity to me."

"Thus, separate and apart trom the above direct dispute of your credit reporting, as detailed above, I thus additionally request full debt validation under FDCPA 809(a), including the full name and address of the original creditor. Under the provisions of FDCPA 809(b), this notice of request for debt validation precludes any further collection activity on your part until the required debt validation has been provided to me, in writing."