Baires and Stef........SOL is your protection against people & companies that want to sue you over debts that are very old. It doesn't mean that you do not owe the debt!
Never PIF or PFD until after a DV......and make sure that the CA is licensed in your state,if needed. You MUST know who owns the debt!!! People have paid thinking that they should only to have the OC or another CA file a lawsuit. The CA that they paid did not have the legal right to collect. YES you can then sue the CA BUT not if they are out of busness. This protects you against paying more then once!
Also people have PFD and settled for less and did not have the correct wording. The remaining debt was sold & they had to pay the again.
By knowing your SOL could make it easier to PFD......If you are close or past SOL.
You need to know who owns the debt....if it is the OC (Dr dentist or other medical) You should call them & ask for the DOLA (The date that the bill is for) Also offer to pay them.
It is always better to pay the OC.......most OCs for medical do not report....they assign it to a CA.
Keep in mind that most medical offices have no idea what the federal or state laws are. They will ask the CA which will lie to them!
NEVER talk to a CA....they will lie like a rug!!
866-640-2273 Mon.- Fri 8am - 3am est this is the # for EQ in the USA.
Ask for the name and address of the CA and for the DOFD! You only need to give them the account # that is on your CR.
IF the person that you talk to can not give you all the info. dispute it as *not mine* Remember that the CRA has 30 days to answer the dispute. You will receive a new CR in the mail. It will show the CA deleted or full info.
Remember first try to pay the OC!!! and ignore the CA if you can. IF the CA owns the account (the OC can tell you)
Send a DV CMRRR I will post a DV you will need to make changes to the DV letter and make it fit for you. This letter can go to any CA not just medical as they all must follow the same laws.
The CA must answer the DV within 30 days or stop all collection activaty (reporting)
If the CA answers with the correct info. and you know that it is yours....sedn a PFD
IMO it is not needed to send a PFD if you pay the OC......once the OC is paid there is nothing for the CA to report.
No matter who you pay be sure to make the check out to the OC or CA name not a person AND put on check for deposit only!
Please if you have any more question just ask!!!
DV should be sent CMRRR you need proof that they received it and that is the date when you start counting.
CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode
Debt Collection Company Name
Their address
Town, State ZipCode
Date:
Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.
Best Regards,
Your Name DO NOT SIGN JUST TYPE YOUR NAME
Message Edited by HappyDays on
02-03-2008 06:40 PM
