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Does this sound ok?

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cwwatts1202
Established Contributor

Does this sound ok?

I filed a complaint with the BBB on national recovery agency. It is for a medical bill from January 2006, it wasn't reported till August 2011 and I never received a dunning notice. I've already filed the complaint but before I send this letter I want to make sure it sounds ok.
To whom it may concern, I have filed a complaint with the BBB on national recovery agency. You are required to send me a letter giving me 30 days to dispute a debt or have it validated before reporting it to the credit bureaus (equifax, Experian, transunion) you are required to do so under the FCRA and you failed to do so. I am in no way saying this debt is mine. Removal of this debt from all 3 credit bureaus is appreciated.


I also listed the account number, my name and address.
Message 1 of 5
4 REPLIES 4
cwwatts1202
Established Contributor

Re: Does this sound ok?

Anyone??
Message 2 of 5
wmcodywilson
New Contributor

Re: Does this sound ok?

I think it sounds fair. I would quote the FCRA but thats just an opinion. Have you disputed the CA tradelines yet? If not I would also throw that in there as well. 


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Message 3 of 5
cwwatts1202
Established Contributor

Re: Does this sound ok?

I disputed them with CRA, how would I quote the FCRA? I'm not sure where to look to see exactly what the FCRA says about dunning notices. Thanks for your response.
Message 4 of 5
MarineVietVet
Moderator Emeritus

Re: Does this sound ok?


@cwwatts1202 wrote:
I disputed them with CRA, how would I quote the FCRA? I'm not sure where to look to see exactly what the FCRA says about dunning notices. Thanks for your response.

The FCRA doesn't cover dunning notices but FDCPA says this about validating debts and dunning notices:

 

809. Validation of debts  

 

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

 

(1) the amount of the debt;

 

(2) the name of the creditor to whom the debt is owed;

 

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

 

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

 

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Message 5 of 5
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