CommonWealth Financial reply to BBB complaint

[kennerchick]

This letter is acknowledgment that a complaint was received from your office on behalf of Mr. Brian Roberts.

Commonwealth Financial Systems will mail Mr. Roberts validation of debt.  In addition a deletion update will

be forwarded electronically to the three major credit reporting agencies.  Collection activity will cease during

the investigation period.

So they are deleting the collection and investigating it? 

They are sending us validation of medical debt, because I asked for it in the complaint.

I request that Commonwealth Financial Systems verify the following information. 1. What hospital is this medical collection for? 2. Date I was supposedly at this hospital 3. Full account summary and itemized calculation of alleged debt 4. Registered/Licensed to collect in the state of Louisiana!

[silkysean]

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@kennerchick wrote:

This letter is acknowledgment that a complaint was received from your office on behalf of Mr. Brian Roberts.

Commonwealth Financial Systems will mail Mr. Roberts validation of debt.  In addition a deletion update will

be forwarded electronically to the three major credit reporting agencies.  Collection activity will cease during

the investigation period.

So they are deleting the collection and investigating it? 

They are sending us validation of medical debt, because I asked for it in the complaint.

I request that Commonwealth Financial Systems verify the following information. 1. What hospital is this medical collection for? 2. Date I was supposedly at this hospital 3. Full account summary and itemized calculation of alleged debt 4. Registered/Licensed to collect in the state of Louisiana!

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Sounds like they will only delete it while it's being disputed but a lot of times they delete it then turn around and re add.But in your case they will delete while it's being investigated.I don't think the end result will be deletion because they are sending  you proof of validation of a debt.Now if they are not registered and licensed to collect n your state then they may delete based off that to avoid problems.They can try to ask for more time within reason to investigate but typically they return results within 39 day time frame.

[RobertEG]

The issue is apparently the lack of receipt of validation after the consumer sent a DV request.

When a consumer sends a DV request, it imposes no requirement on the debt collector to send validation, or to respond within any period of time.

If the DV request was timely, then it imposes a cease colleciton bar on them,which remains in effect until such time as they may choose to send validation.

There is no requirment to delete their collection based on lack of validation.

The debt collector is simply stating that they have not yet completed their investigation of the validation of the debt, and thus is not yet sending the validation..

That is proper.

Their deletion of the collection is voluntary on their part, and is similar to the procedure that is mandated when a DV is sent under the TX Finance Code.

The TX Code, unlike the FDCPA, imposes a requirment that if the debt collector does not send validation within 30 days,they must delete their reporting, but can reinsert once they do send validation.  They are extending the voluntary deletion even though not required.

If anything, the debt collector has done more than is mandated by statute.

[Anonymous]

Just FYI.. Commonwealth Financial does PFD so if they validate and readd you can pay a reduced amount and they will delete. I had 4 taken care of that way.

[kennerchick]

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@RobertEG wrote:

The issue is apparently the lack of receipt of validation after the consumer sent a DV request.

When a consumer sends a DV request, it imposes no requirement on the debt collector to send validation, or to respond within any period of time.

If the DV request was timely, then it imposes a cease colleciton bar on them,which remains in effect until such time as they may choose to send validation.

There is no requirment to delete their collection based on lack of validation.

The debt collector is simply stating that they have not yet completed their investigation of the validation of the debt, and thus is not yet sending the validation..

That is proper.

Their deletion of the collection is voluntary on their part, and is similar to the procedure that is mandated when a DV is sent under the TX Finance Code.

The TX Code, unlike the FDCPA, imposes a requirment that if the debt collector does not send validation within 30 days,they must delete their reporting, but can reinsert once they do send validation.  They are extending the voluntary deletion even though not required.

If anything, the debt collector has done more than is mandated by statute.

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Robert,

I never sent a DV letter, they never sent me a Dunning letter.  We got nothing at all from this company, just added to the CR and I know that is a violation the FDCPA 809(a) Collection Practice.

No way can we pay it.  Hubby is having surgery in June and well, no work for 8 weeks, no money to pay a $1600 collection for a bill that is more than likely has the SOL up.  Isn't it 3 years for medical??

[RobertEG]

So your complaint was that they failed to send a dunning notice?

If so, then the more approperiate process would be to file a complaint with the CFPB, as that is a violation, rather than the BBB, which is only an informal process.

Regardless, the lack of timely dunning notice is something that can be addressed, either by way of a slap on the wrist by the CFPB or by way of you filing a civil complaint seeking statutory damages of $1,000 as authorized under the FDCPA.

However, a debt colector can properly report to a CRA prior to sending dunning notice, so the credit reporting was proper.

The debt collector is apparently trying to make some amends by agreeing informally to provide debt validation, even though you apparently did not formally request a DV.

I assume that you have no problem with their considering your complaint to also include a request for debt validation, so you have a pending DV.

So the only remaining issue is apparently whether you wish to file a complaint with the CFPB for violation of timely dunning notice, or to file a civil action seeking statutory damages for that vioation of the FDCPA. 

You dont, in my opinion, have any issues based on lack of dunning notice that will require removal of their reported collection.  You might wish to refrain from controversy at this point if you expect to later seek some form of good will from the debt colelctor, either by way of a pay for deletion offer or a good will deletion.

[kennerchick]

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@RobertEG wrote:

So your complaint was that they failed to send a dunning notice?

If so, then the more approperiate process would be to file a complaint with the CFPB, as that is a violation, rather than the BBB, which is only an informal process.

Regardless, the lack of timely dunning notice is something that can be addressed, either by way of a slap on the wrist by the CFPB or by way of you filing a civil complaint seeking statutory damages of $1,000 as authorized under the FDCPA.

However, a debt colector can properly report to a CRA prior to sending dunning notice, so the credit reporting was proper.

The debt collector is apparently trying to make some amends by agreeing informally to provide debt validation, even though you apparently did not formally request a DV.

I assume that you have no problem with their considering your complaint to also include a request for debt validation, so you have a pending DV.

So the only remaining issue is apparently whether you wish to file a complaint with the CFPB for violation of timely dunning notice, or to file a civil action seeking statutory damages for that vioation of the FDCPA. 

You dont, in my opinion, have any issues based on lack of dunning notice that will require removal of their reported collection.  You might wish to refrain from controversy at this point if you expect to later seek some form of good will from the debt colelctor, either by way of a pay for deletion offer or a good will deletion.

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Robert,

How ould I seek statutory damages for violation of the FDCPA?

I would much rather get the money to help with bills.  I have no plan to pay them as my husband is going to have surgery on June 3rd and will be without a job for about 6 weeks or maybe 8 weeks depending on how quickly he heals.  So we won't really have an income because of it.  I've read that CommonWealth deletes when they get complaints via BBB or CRA so I did BBB as I have already had disputes with PRA come back as updated on all 3 CRA, yet nothing is changed.

Thanks for the help

[RobertEG]

You file a civil suit against the debt collector, citing the section of the FDCPA that is violated.

"Statutory damages" means that you only have to show that they violated the provision of the statute, and dont have to show any damages.

[kennerchick]

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@RobertEG wrote:

You file a civil suit against the debt collector, citing the section of the FDCPA that is violated.

"Statutory damages" means that you only have to show that they violated the provision of the statute, and dont have to show any damages.

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How do I show that they violated the provision of the statue?  Wouldn't it be our word against theirs?

I have another one too!