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Discussion Starter · #1 ·
Can a collection agency legally report anything to a debtors credit if the debtor states from the beginning that they will pay 10.00 / month, but the agency "has a policy that 40.00 is the minimum."

Assume that the debtor pays the 10.00 even though the agency requires 40.00 and no month is late or otherwise delinquent.

I'm trying to determine if the agency is using unfair practices against my wife in collecting a medical bill. Basically, I just want to know if I can use the Fair Credit Act to prevent a negative impact on my wife's credit. Next year our finances will be better and we'll knock out this bill, and others, easily. We plan.

backstory: we're working on paying medical bills for a 10 week stay in the hospital and only one medical practice has shown incompetency with payment agreements. The bill wasn't supposed to go to the agency, but now that it has it is there and we have to deal with it.
 

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You're probably already showing on your credit report as being in collections. They just can't sue you if you pay regularly. :wink: Continue paying what you can regularly. The collection agency (collection agent) is just trying to get a bigger monthly inflow so it gets them closer to commissions.

They haven't refused your checks have they? When they start doing that, you might want to get a little worried, until then, its just an annoying collector.
 

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Discussion Starter · #5 ·
budder said:
Is the $10 amount in the FCA? If not, what's the difference between this and the debtor that says he'll pay $.01 each month?
I'm not sure how your question helps me at all. Obviously $.01 is not an attempt to pay a debt, whereas $10 is an attempt.
 

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JiG said:
You're probably already showing on your credit report as being in collections. They just can't sue you if you pay regularly. :wink: Continue paying what you can regularly. The collection agency (collection agent) is just trying to get a bigger monthly inflow so it gets them closer to commissions.

They haven't refused your checks have they? When they start doing that, you might want to get a little worried, until then, its just an annoying collector.
Exactly.....As soon as it went to collections you had, at the very least, a 30 day late but probably a 60 day late from the original creditor (hospital) and then a collections report on the credit report. It is there and unless you can get them to do a pay for delete it will be there for several years.

Check out creditboards.com......a wealth of information
 

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RIA45 said:
budder said:
Is the $10 amount in the FCA? If not, what's the difference between this and the debtor that says he'll pay $.01 each month?
I'm not sure how your question helps me at all. Obviously $.01 is not an attempt to pay a debt, whereas $10 is an attempt.
DOes the FCA say that the $10 payment is an attempt? I can assure you that if we're talking about a $100,000 home mortgage, no one would see $.01, $10, or even $100 as an attempt.
 

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Discussion Starter · #8 ·
budder said:
RIA45 said:
budder said:
Is the $10 amount in the FCA? If not, what's the difference between this and the debtor that says he'll pay $.01 each month?
I'm not sure how your question helps me at all. Obviously $.01 is not an attempt to pay a debt, whereas $10 is an attempt.
DOes the FCA say that the $10 payment is an attempt? I can assure you that if we're talking about a $100,000 home mortgage, no one would see $.01, $10, or even $100 as an attempt.
:eek:fftopic:
Please make an attempt to provide some measure of relevance when posting in my threads.
 

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Yukon Cornelius
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RIA45 said:
budder said:
RIA45 said:
budder said:
Is the $10 amount in the FCA? If not, what's the difference between this and the debtor that says he'll pay $.01 each month?
I'm not sure how your question helps me at all. Obviously $.01 is not an attempt to pay a debt, whereas $10 is an attempt.
DOes the FCA say that the $10 payment is an attempt? I can assure you that if we're talking about a $100,000 home mortgage, no one would see $.01, $10, or even $100 as an attempt.
:eek:fftopic:
Please make an attempt to provide some measure of relevance when posting in my threads.
he is :sly:
 

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The original creditor most certainly can report the debt to the credit bureau's. I would imagine that the collection agency can as well, much like a credit card would report you as paying late if you were paying less than the minimum payment.

Check here for some good info on the FDCPA, FCRA and TCPA: http://www.debtorboards.com

(Not suggesting you have grounds to sue but that site is full of good info on most of the federal collection laws)
 

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rmodel65 said:
RIA45 said:
budder said:
RIA45 said:
budder said:
Is the $10 amount in the FCA? If not, what's the difference between this and the debtor that says he'll pay $.01 each month?
I'm not sure how your question helps me at all. Obviously $.01 is not an attempt to pay a debt, whereas $10 is an attempt.
DOes the FCA say that the $10 payment is an attempt? I can assure you that if we're talking about a $100,000 home mortgage, no one would see $.01, $10, or even $100 as an attempt.
:eek:fftopic:
Please make an attempt to provide some measure of relevance when posting in my threads.
he is :sly:
budder probably has more knowledge in this area than any other poster on this forum.
 

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My wife's cancer treatment set our insurance company (Aetna) back a cool 1 million.

In the end I foot about $3,000 of it - I've been paying them $20 a month for over a year and nothing has been reported :righton:

edit: then again, I have been paying the hospital directly... so its not like Im going thru a collection agency... so I guess my post doesnt help :|

I think its pretty retarded to ask for $3,000 when you've been paid $1,000,000

This is the purpose of insurance and having my check hacked for $175 every 2 weeks :screwy:
 

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Discussion Starter · #15 ·
Malum Prohibitum said:
He has been converted to the Socratic method.
I caught that.

I've spoken with the company. Nice guy owns the place. They are not charging me interest or fees if I pay 40.00 a month. I am accepting his interest free loan. I will also pay only 40.00 until the amount is paid in full while I continue to pay off our other medical bills and credit cards.

On a wonderful point I will make my last car payment this month. I'll make a partial payment in December. (don't point out the mixed logic, please). I'm very happy to be on a course of becoming debt free.
 

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Just be sure you get it in writing... A phone call is not anything.
 

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Yes, always get correspondence from credit agencies in writing. Have them send you the accepted offer. I've paid off some bad debt owing less than initial balance on some of my wife's old stuff ... got it all in writing and its over with.... damn that 25% interest loan (it was the first one to go). She got it before we married.
 

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You sorta have to understand Budders ways before you can gain any type of input from him :p But on the other note good luck and hang in there, debt free is on the horizon and you're slowly getting there.
 
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