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Collection Dispute and Removal?

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Collection Dispute and Removal?

Postby honi » Wed Nov 30, 2011 10:30 am

When I was 16, I was taken to the hospital after passing out. I did not have health insurance at the time, and the bill came to $1200. I am 19 now, and noticed that this bill has been on my credit report in the form of a collection since 2008. I should not be liable for the collection because I was a minor at the time. So, I filed a dispute with Experian and TransUnion (it was not on my Equifax). I just received the results of my dispute from Experian:

Outcome: Remains - This item has been verified as accurate
By law, we cannot disclose certain medical information (relating to physical, mental, or behavioral health or condition). Although we do not generally collect such information, it could appear in the name of a data furnisher (i.e., "Cancer Center") that reports your payment history to us. If so, those names display in your report, but in reports to others they display only as MEDICAL PAYMENT DATA. Consumer statements included on your report at your request that contain medical information are disclosed to others.

.......They did not even address the fact that I was a minor. I'm planning on calling Experian tomorrow morning, but what I really need is a document that states I should not be liable because I was a minor. Where can I find one?
honi
 
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Collection Dispute and Removal?

Postby jan46 » Wed Nov 30, 2011 10:33 am

Go to the source ---> Creditor and collection agency and send a certified letter.

Please ignore the other folks. You can NOT enter into legal agreements at the age of 16 because you are a minor and lack the necessary "scienter" to make informed decisions. The hospital knew this or should have known this at the time they provided services to you.

Since you couldn't even enter into a legally binding "financial arrangement" with the hospital at the age of 16, any expenses, costs, and yes debts arising from providing those services are null and void.

Remind them of this and please provide prima-facie evidence such as birth certificate or driver's license that shows your birthday and that you were a minor at the time.

Also remind that that should they not comply and remove this information from your credit report, you will be enforced to refer the matter to the Federal Trade Commission since they would be in violation of both the Uniform Commercial Code and the Fair Debt Collection Practices Act.

And yes, if they don't do what you ask within 60 days, send a letter and all documentation to the Federal Trade Commission and let the feds cut the hospital a new one on your behalf.
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Collection Dispute and Removal?

Postby jorian23 » Wed Nov 30, 2011 10:39 am

They are not saying you are liable. They are only reporting that you have a debt. That information is accurate & stays on the report. Notice they are not attempting to collect. They are not judging you.
You are confusing reporting a debt with being held owing the debt. It has caused you no concern for 3 years so don't go reading more into it then required.
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Collection Dispute and Removal?

Postby chen12 » Wed Nov 30, 2011 10:43 am

They are not saying you are liable. They are only reporting that you have a debt. That information is accurate & stays on the report. Notice they are not attempting to collect. They are not judging you.
You are confusing reporting a debt with being held owing the debt. It has caused you no concern for 3 years so don't go reading more into it then required.
You should address this issue directly with the creditor/collection agency. Send them a certified letter and state that you were a minor at the time that the services were rendered and you cannot be held liable for this debt.
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Collection Dispute and Removal?

Postby lathrop » Wed Nov 30, 2011 10:46 am

Do you really think a 16 year old person gets medical treatment for free? How could you think you are not liable for the debt? If you don't pay the hospital bill, who is supposed to pay it?
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Collection Dispute and Removal?

Postby garbhach65 » Wed Nov 30, 2011 10:51 am

Do not bother calling Experian or any of the credit bureaus. You will spend a long time on hold, only to speak to a customer service rep who does little more than take bad messages. The collection agency reporting the debt, verified it to the credit bureau and that is the end of your dispute with the credit bureau.

It is a valid debt but since you were a minor at the time, you are not responsible for that debt. You have to fight that out with the collection agency/medical provider. Send the collection agenc a certified, return receipt letter indicating that you were a minor at the time and cannot be held responsible for the debt.

You might consider negotiating a settlement of this debt and requesting a pay for delete. Emphazise that you were a minor at the time and are not actually liable to pay. You might be able to settle for 25% in a lump sum. Maybe your parents will kick in. Get any settlement agreement in writing before you pay and don't give the collector direct access to your bank account.
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