Does this constitute a DV?

[sharpie]

One day I answered the phone to a CA. Same area code as a friend, whoops.

Anyway, I didn't talk long but said "Just send me something showing what this is for, I have no idea what you are talking about."

So she did, and it was all medical stuff, but some that the Dept. of Labor was supposed to pay.  I still have all the original bills from the hospital.

So am thinking having her send me this constitutes a DV, and I cannot do HIPPA now? 

The bills are outrageous but I could earn the money faster than I could get the DOL to pay them, they are so screwed up.

So any advice, would it be smarter to try to pay the OC and have them pull back from CA (OC is not reporting, CA is)...or to try for PFD with the CA?

This is taking up about 1/3 of my CR, student loan reporting taking up another 1/3.  So it would be nice to get them paid AND get them to disappear...

Thanks!

[RobertEG]

No, it is not a DV request on your part.

FDCPA 809(b) specifically requires that any DV request by you must be "in writing."

Your right to DV depends upon the date that  they provided you "dunning notice" under FDCPA 809(a).

Unlike DV requests from you, there is no provison that CA dunning notice be provided to you in writing.

It can be done orally by the CA.  On your unfortuate lapse in even talking to them, did they advise you of the amount of the debt, the name of the OC, and adv9se you of your DV rights to request validaton wthin 30-days?  If they did, that is proper dunning notice.  If they dd not, and did not provide you written dunning notice witin 30-days of that communication, they are in violaton of FDCPA 809(a).  But proving content of an oral phone call is almost impossible.

That is why you never talk to a CA on the phone.

My advice is to simply DV the CA, in writing, now.

But DV is a baby move that has absolutely nothing to do with credit repoting.

Also send a dispute to the CRA under FCRA 611(a).  The FCRA deals with disputes of credit reporting.  So you cant dispute the debt directly on the OC account, for you have stated that the OC has not posted to your CR.  What you want to dispute is the postiing by the CA of a collection that you dispute, with requ8est for its verification by the CA, and deletion if they dont verify.

Message Edited by RobertEG on 02-18-2010 12:02 AM