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DV Medical Collection - Couldn't validate my debt - What's Next?

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tullz85
Frequent Contributor

DV Medical Collection - Couldn't validate my debt - What's Next?

Hello - I recently sent a DV letter to a collection agency for some medical debt I was not aware of.  What I sent was:
"I discovered that you claim I owe you a debt. Under § 809 of FDCPA, I am requesting validation of the debt" Then typed my name and sent certified.

What I received was:

"We are returning your letter of dispute because we are unable to assist you as we are unable to find an account with your name on it".

 

Then they are requesting a copy of notice (found out through credit app for mortgage - no bills)

My SS# and DOB

Maiden Name

Credit Burea info, acct #, and creditor name

 

Any advice what steps next? At this stage, they don't recognize they owe me a debt so I should be able to dispute that correct?

Message 1 of 12
11 REPLIES 11
rckstrscott
Valued Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?


@tullz85 wrote:

Hello - I recently sent a DV letter to a collection agency for some medical debt I was not aware of.  What I sent was:
"I discovered that you claim I owe you a debt. Under § 809 of FDCPA, I am requesting validation of the debt" Then typed my name and sent certified.

What I received was:

"We are returning your letter of dispute because we are unable to assist you as we are unable to find an account with your name on it".

 

Then they are requesting a copy of notice (found out through credit app for mortgage - no bills)

My SS# and DOB

Maiden Name

Credit Burea info, acct #, and creditor name

 

Any advice what steps next? At this stage, they don't recognize they owe me a debt so I should be able to dispute that correct?


Did you CMRRR this DV?

 

It looks like they are claiming this is a dispute and not a DV -- here is the thing.. if they sent a dunning at any point, they aren't required to respond to a DV.. did they send you a dunning? Do you have older addresses? Do you know if this is your debt or not?

 

I would never send them any SS of DOB information.. I don't think it would be harmful to send the partial account, or OC information listed on yer credit report..

 

The crucial point of this is you need to determine if they sent a dunning or not..

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 2 of 12
tullz85
Frequent Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?

I sent it CMRRR. It was a debt from when I was around 18 I think under my parents insurance. I'm not sure if I did receive a dunning letter. Not that I'm aware of or have record of at least. I was going to do a PFD if possible to get it removed off my reports. I remember getting letters from the OC but not from the CA.

Message 3 of 12
rckstrscott
Valued Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?


@tullz85 wrote:

I sent it CMRRR. It was a debt from when I was around 18 I think under my parents insurance. I'm not sure if I did receive a dunning letter. Not that I'm aware of or have record of at least. I was going to do a PFD if possible to get it removed off my reports. I remember getting letters from the OC but not from the CA.


I would contact the OC to see if they still have the account.. a lot of time with medical they will just assign the debt.. if they still own the debt, maybe you can work with them to pay it off and have the OC recall the debt from the CA and ask for deleltion.. they don't have to, but they may...

 

Since you are fairly sure this is yours, its possible they sent the dunning notification to your parents house.. I don't know how that plays into the whole potential FDCPA violation or not, but that could explain the reason they didn't respond to the DV..

 

I dunno.. this is a tricky one.. you could always resend a firmer DV stating this is not a dispute but a DV in regards to a debt ect ect ect.. see if they will stop being lazy and look up the informatiion.. 

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 4 of 12
tullz85
Frequent Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?

Yep. I asked OC if they had debt but they said no. It is through Aurora. I'd rather get it deleted than have it on there Smiley Very Happy

I want my house!

Message 5 of 12
rckstrscott
Valued Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?


@tullz85 wrote:

Yep. I asked OC if they had debt but they said no. It is through Aurora. I'd rather get it deleted than have it on there Smiley Very Happy

I want my house!


what is the DOFD of the account?? I had 4 derogs showing when I closed on the house.. I needed them paid, but they didn't have to be deleted if they were older than a year.. 

 

Either way, maybe others will chime in on what the suggest.. have you checked their BBB history? maybe you can file a complaint against them for not responding to the DV?

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 6 of 12
tullz85
Frequent Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?

Opened 11/08. Last active 2/09. I can pay them and I'm good...but I'd rather delete them to boost my score up. No I haven't checked BBB. Good idea! Thank you!

Message 7 of 12
guiness56
Epic Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?


@rckstrscott wrote:

@tullz85 wrote:

Hello - I recently sent a DV letter to a collection agency for some medical debt I was not aware of.  What I sent was:
"I discovered that you claim I owe you a debt. Under § 809 of FDCPA, I am requesting validation of the debt" Then typed my name and sent certified.

What I received was:

"We are returning your letter of dispute because we are unable to assist you as we are unable to find an account with your name on it".

 

Then they are requesting a copy of notice (found out through credit app for mortgage - no bills)

My SS# and DOB

Maiden Name

Credit Burea info, acct #, and creditor name

 

Any advice what steps next? At this stage, they don't recognize they owe me a debt so I should be able to dispute that correct?


Did you CMRRR this DV?

 

It looks like they are claiming this is a dispute and not a DV -- here is the thing.. if they sent a dunning at any point, they aren't required to respond to a DV.. did they send you a dunning? Do you have older addresses? Do you know if this is your debt or not?

 

I would never send them any SS of DOB information.. I don't think it would be harmful to send the partial account, or OC information listed on yer credit report..

 

The crucial point of this is you need to determine if they sent a dunning or not..

 

-scott


A DV is a dispute.  It is your right to dispute the debt and receive vaiidation of the debt.

Message 8 of 12
tullz85
Frequent Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?

Guiness56 - How would you reply to this? They should be able to validate my debt if they have it. 

Message 9 of 12
RobertEG
Legendary Contributor

Re: DV Medical Collection - Couldn't validate my debt - What's Next?

It is unclear as to whether they are considering the prior letter a DV, or as a dispute under the FCRA.

While the FDCPA does use the term "dispute" with respect to a DV request, it is an entirely different animal than a dispute under the FCRA.

Disputes under the FCRA require identification of a specific inaccuracy in their reporting, and sufficient supporting documentation to enable them to investigate the asserted inaccuracy.  A DV requires no supporting documentation of an error, simply a request for verification of the debt.

 

Their letter, as to legal implication, is a non-entity.  If you consider your DV timely, they simply remain under a cease collection bar.  Unless and until they conduct efforts to collect on the debt without first providing the requested debt verification, there is no violation of the FDCPA.

 

I would send a simple letter back to them, making it clear that your prior letter was a DV request under FDCPA 809(b), and not a dispute of credit reporting under the FCRA.

I would send them as much information as is posted to your credit report identifying the debt.  If sufficient to get it reported, then it should be more than sufficient for them to identity their own account.  If you received dunning notice, look of any account identification on that notice

I would conclude my letter with a reminder that they remain under a cease collection bar as of the date of receipt of your earlier letter.

 

Failure ot have provided debt verification is not a basis for a dispute of the accuracy of their prior reporting, so I would not take that path.

Message 10 of 12
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