topic Re: Got this response to DV letter to medical collection......not what I expected.... in General Credit Topics

Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 02:06:51 GMT

OK - I sent out a DV to a CA last week. Kept it short and to the point -

"I pulled my credit bureau report, and I discovered that you claim I owe you a debt. Under § 809 of FDCPA, send me validation of this debt.

Just some background info on what's showing up on credit report: (As long as I can remember they haven't sent me a bill from the CA. Could have - just not recently and I can't really remember)..

Date Assigned: 06/2003

Date of First Delinquency: 02/2003

Last Payment Date: 04/03/2004

Balance: $171.00

Today I receive a letter from them (dated February 21, 2008) saying the following:

This is your first notice to inform you that "CA" has been assigned the responsibility of collecting this past due debt. Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, the office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, the office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. Please call to discuss your account. The name and the number to call is Nate at..........

I thought I just did ask for validation!?!?!!? Does anyone have any suggestions on how to proceed?

Thanks!

Message Edited by tuneup on 02-29-2008 06:06 PM

Re: Got this response to DV letter to medical collection......not what I expected....

orhippychic — Fri, 29 Feb 2008 22:41:31 GMT

lol send it again. now they have no excuse not to validate because you have "officially" been "granted" the 30 day window. love it...

Re: Got this response to DV letter to medical collection......not what I expected....

HappyDays — Fri, 29 Feb 2008 22:55:28 GMT

did you send it CMRRR???? if so have they signed for it?

They have already made 1 mistake......the law says that they MUST notify you in writting 30 days before reporting..........don't lose that letter!!!!!

Message Edited by HappyDays on 02-29-2008 02:55 PM

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Fri, 29 Feb 2008 22:55:02 GMT

Yep - They signed for it on 02/20/08.

Re: Got this response to DV letter to medical collection......not what I expected....

Lady_Scarlet — Fri, 29 Feb 2008 23:00:29 GMT

keep the envelope this came in... when did they receive your letter? they are creating a very nice record for you for collection attempt after validation request....

If received your DV a day or two before this letter then stand on the DV sent- and ovenight them if necessary on day 33 a 'follow-up' letter. Either way you get the DV in within their timeframe of 30 days....and posibbly have violations to boot...

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Fri, 29 Feb 2008 23:04:14 GMT

They signed for my letter Feb 20, 2007 and the letter they sent me that I received today was dated Feb 21, 2008.

Sorry LD I don't understand what you are saying about the follow-up letter.

Re: Got this response to DV letter to medical collection......not what I expected....

Lady_Scarlet — Fri, 29 Feb 2008 23:06:37 GMT

Okay, I cna understand basically crossing in the mail - let them work your DV.... it they don't answer ther eis a follwup letter to send them... wait out the 30 days from the day they received your letter and see what happens.

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Fri, 29 Feb 2008 23:13:34 GMT

HappyDays -

Since they put on the letter "This is your first notice..." and it's dated Feb 21, 2008 and they started reporting this back to the credit bureaus in 2003 does this give me a fighting chance?

Thanks!

Re: Got this response to DV letter to medical collection......not what I expected....

HappyDays — Fri, 29 Feb 2008 23:29:14 GMT

They really screwed themself!!! You have proof that they started to report this account without sending this letter 30 days before. IMO I would get an attorney....the first violation was the first time that they reported and each time that they updated!! It doesn't cost to talk to a good lawyer...one that knows what they are doing.

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 00:52:39 GMT

So aside from talking to an attorney how should I proceed? If I don't respond to this within 30 days can they do something else? It's already on my report - what else is there? Or should just not respond and wait out the 30 days for them to respond correctly to my DV letter and if not then forward this letter and supporting info to the credit bureau and ask them to remove since they didn't follow "the rules"?

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 02:13:00 GMT

bump.....

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 13:25:04 GMT

Now I am confused regarding what I should do next. Do I wait for the 30 days to run out on the DV that I sent them or since they sent me my "First notice..." does that null the 30 days on the DV??

Anyone?

Re: Got this response to DV letter to medical collection......not what I expected....

Shnapple — Sat, 01 Mar 2008 13:37:25 GMT

Don't be passive. Honestly I would send them another DV specifically requesting what you are asking for:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

CMRRR it, too. It's your credit report, don't mess with it.

And yea, it can get worse. Judgments on your record are worse than collections!

Good luck.

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 14:16:53 GMT

Thanks Shnapple!

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 17:20:56 GMT

Well, just got off the phone with the CA. I was being very nice but they were very irritated that I was even asking any questions. They stated that this was a validation of debt. Then she said that she would send me an itemized statement tomorrow. Then she verified my address, phone number, and employer (?) - which she has my previous employer and I didn't correct her.

Have I woken a lion?? It's only $171 so I could pay it off today but I want it off my credit!!

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 17:35:25 GMT

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 17:56:56 GMT

Shnapple/Anyone - Would a CA really enter a judgment for a $171 medical bill?

Re: Got this response to DV letter to medical collection......not what I expected....

HappyDays — Sat, 01 Mar 2008 19:42:16 GMT

What is the DOFD DOLA from the OC?? Are you past SOL?

Re: Got this response to DV letter to medical collection......not what I expected....

HappyDays — Sat, 01 Mar 2008 20:05:53 GMT

tuneup, got to www.ftc.gov file a complaint with them for both the CA and the CRA.

Then mail CMRRR everything that you sent to the CA and everything that was sent to the CRA!

Message Edited by HappyDays on 03-01-2008 12:05 PM

Re: Got this response to DV letter to medical collection......not what I expected....

tuneup — Sat, 01 Mar 2008 20:11:38 GMT

The DOFD is 02/2003. The DOLA (I guess the last payment date??) is 04/03/2004. Date assigned is 06/2003. I called them and they said that this is not the first notice that they have sent me. The last one was in 2005. (Could have, I don't remember) They don't do PFDs. Their website says that they delete 7 years from date of service, however Equifax's website says collection items remain 7 years from date of last activity. So now I am more confused than ever. I believe the SOL for GA is 4 years for collection accounts.