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This just doesn't seem legal...

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djpete
Established Member

This just doesn't seem legal...

My aging mother and I were going over her credit report tonight after she was denied a loan. To my utter shock, she is showing 39 accounts in collections!!!!! This is very atypical, and as we looked at the report, we noticed that every single one was from the same creditor, a health care company who assists her with her oxygen. She has missed some payments to them, and every time she doesn't pay one single payment, she gets a new account in collections! Some of the accounts were opened and reported on the same day, for the same amount. There are FOUR accounts listed for $198 that all opened on the same day in February. Why is this not just ONE collection?? The original creditor is the same. They just broke it up into 39 small collection accounts that have trashed her credit, and like I said, some of them seem to be repeats of the exact same collection. I have to fix this, but how do I dispute a debt she actually owes? HELP!!!!!!!!!!!

David




Total CL: $21,650 | Scores as of 2/8/2023:
Denied for $200 secured credit card 12/2020. Come a long way since!
Message 1 of 10
9 REPLIES 9
RobertEG
Legendary Contributor

Re: This just doesn't seem legal...

I see several avenues of approach under both the FCRA and FDCPA, but first a few background facts.

 

What are the payment terms in her contract with them, and have they sent a formal collection ("dunning") notice to her for each reported collection, which includes a statement of the amount of the debt and advisement of her right to debt validation?

 

What is her state of residence?

Message 2 of 10
Anonymous
Not applicable

Re: This just doesn't seem legal...

Also make sure that her insurance is up to date, as might be one reason it might kick it to collections after alittle bit of time because there is no paymernt....

Message 3 of 10
RonM21
Valued Contributor

Re: This just doesn't seem legal...


@djpete wrote:

My aging mother and I were going over her credit report tonight after she was denied a loan. To my utter shock, she is showing 39 accounts in collections!!!!! This is very atypical, and as we looked at the report, we noticed that every single one was from the same creditor, a health care company who assists her with her oxygen. She has missed some payments to them, and every time she doesn't pay one single payment, she gets a new account in collections! Some of the accounts were opened and reported on the same day, for the same amount. There are FOUR accounts listed for $198 that all opened on the same day in February. Why is this not just ONE collection?? The original creditor is the same. They just broke it up into 39 small collection accounts that have trashed her credit, and like I said, some of them seem to be repeats of the exact same collection. I have to fix this, but how do I dispute a debt she actually owes? HELP!!!!!!!!!!!

David


OP, these are good questions that can maybe help start the process of getting these addressed. 



Total CL: $321.7kUTL: 2%AAoA: 7.0yrsBaddies: 0Other: Lease, Loan, *No Mortgage, All Inq's from Jun '20 Car Shopping

BoA-55k | NFCU-45k | AMEX-42k | DISC-40.6k | PENFED-38.4k | LOWES-35k | ALLIANT-25k | CITI-15.7k | BARCLAYS-15k | CHASE-10k

Message 4 of 10
djpete
Established Member

Re: This just doesn't seem legal...

Thank you all for your replies. My mother passed away on June 30th. I am thankful for yall trying to help.




Total CL: $21,650 | Scores as of 2/8/2023:
Denied for $200 secured credit card 12/2020. Come a long way since!
Message 5 of 10
Anonymous
Not applicable

Re: This just doesn't seem legal...


@djpete wrote:

Thank you all for your replies. My mother passed away on June 30th. I am thankful for yall trying to help.


Very sorry for your loss. 

Message 6 of 10
Anonymous
Not applicable

Re: This just doesn't seem legal...

Sorry for your loss OP.....Don't give up the fight though it could assist other people with parents going through something similar and not even know. The company sounds so slimy behind all of this. Best wishes to you.

Message 7 of 10
Anonymous
Not applicable

Re: This just doesn't seem legal...

Sorry for your loss. 

Message 8 of 10
Anonymous
Not applicable

Re: This just doesn't seem legal...

Sorry for your loss
Message 9 of 10
Anonymous
Not applicable

Re: This just doesn't seem legal...

My condolences....
Message 10 of 10
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