Need Help - Medical collection reporting and repo

[Anonymous]

So here's the deal...  CAPIO, reporting 2,400 for an emergency room visit that my son had, brought in by my ex-wife.  I have full custody, this happened while he was with her on a weekend.  Turned out to be stomach virus, in and out in 2 hours.

I called the hospital and they immediately transfer me to Capio partners.  I tried to negotiate PFD over phone with CP, they guy spoke to his supervisor and supervisor declined the offer to PFD but offered me a 70% reduction. I declined. I said I'd pay 50 or even 70% if they deleted.  No budge.

Sent certified letter with PFD offer, haven't heard back - 14 days now.  They stopped calling me.  It is now reporting as CLOSED but with a balance, only reporting in TU.  Fell off EQ and never reported in EX.

If the hospital won't even talk to me, how can I approach this?  It is technically not under my name, how can I fight this?  I don't mind paying the balance, my son went to the hospital and that's my deductible so what's fair it's fair.

Lastly, I have two repo's - one from 2008 showing closed and sold to another lender and one from 2010 showing charged off. The sad part is that I co-signed for both of these and the little bastards bailed on me.  The one from 2010 is my wifes and it was ruled by court upon divorce in 2011 that she was to be the sole owner of the car and responsible for the payments.  Of course she didn't come through and it was repoed in 2011.  How can I get this resolved?  

The once from 2008 shows as defaulted in 2010 and it is not right, they took the car back in 2009.

Help please!   I want all these things off my credit.

[Anonymous]

I just now received a letter from a new collection agency trying to collect on the newest repot from 2010.  They're offering a 4K settlement from 11K.  They are both reporting on my credit via the original debtor.

[Anonymous]

Dispute the earlier reporting CA with the comment "CA does not have reporting authority for this account" and it should drop.

[gdale6]

On your repos if they are updating monthly I would take the settlement. If they are past SOL you can negotiate the settled amount. For repos you want to look to your states UCC to see what the law is on SOL. In a divorce the party who is ruled responsible and gets the asset means nothing to a creditor if its a joint account she would have needed to have your name removed from the debt or refinanced it into her name, unfortunately as it sits now you are legally liable for the debt.

[Anonymous]

They are not reporting monthly.  Last report date for one of them is 2013, they other 9/2014.

I figured that I would still be liable. I'm in Florida, below is what I found on UCC and SOL.  I believe 6 years, maybe you can confirm after reading it.

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@gdale6 wrote:

On your repos if they are updating monthly I would take the settlement. If they are past SOL you can negotiate the settled amount. For repos you want to look to your states UCC to see what the law is on SOL. In a divorce the party who is ruled responsible and gets the asset means nothing to a creditor if its a joint account she would have needed to have your name removed from the debt or refinanced it into her name, unfortunately as it sits now you are legally liable for the debt.

§ 3-118. STATUTE OF LIMITATIONS.

(a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.

(b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a partyto pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years.

(c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first.

(d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or travelers check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.

(e) An action to enforce the obligation of a party to a certificat of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.

(f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (i) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (ii) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.

(g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion, (ii) for breach of warranty, or (iii) to enforce an obligation, duty, or right arising under this Article and not governed by this section must be commenced within three years after the [cause of action] accrues.

[Anonymous]

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@Anonymous wrote:

Dispute the earlier reporting CA with the comment "CA does not have reporting authority for this account" and it should drop.

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Could you please explain?  which one and is that referring to Hippa or SOL?

[gdale6]

IMO the SOL is in fact 6 years based on the info you have posted

[Anonymous]

I found this, and hopefully someone here can advise.

One of the repo is for consumer portfolio Services, or cps. They had a horrible reputation to the tune of yelling, cursing, insulting you flat out and violating every possible ftc rule. I was indeed a victim of it. I just found that they were sued by the ftc, the link to the ftc is below.

Can I use this in any way to get this repo resolved? The last activity reported on my crs is from July 2014 and the balances don't match. I also never received a sale notice after the repo.

https://www.ftc.gov/news-events/press-releases/2014/05/auto-lender-will-pay-55-million-settle-ftc-ch...

[Anonymous]

Sorry, I got confused on this one or misread something. Ignore my earlier post, it does not apply here.