Credit Card Center Advertiser Disclosure†
01-18-2013 08:52 AM
I have a medical collection for a whoppinig $40 on EQ. I tried to back door the CA and call the OC since they never responded to several settlement letters. After 45 minutes on the phone with the OC they have NO record of the debt. I asked how the CA got the debt and was told it was issued to them. This was verified with a DV letter from the CA. Is my next step an MOV letter? I would like to pay it and be done with it but I have never had any settlement response from them.
01-18-2013 09:26 AM
The debt collector is required to have "obtained" verification. The statute does not define the procedures.
They could quite possibly have their own records that they consider adequate to verify the debt. The fact that the OC no longer retains records does not, per se, mean that the debt collector cannot verify the debt.
When providing debt verification, they are not required under FDCPA 809(b) to provide supporting documentation, so you have no way under the DV process itself to challenge the actual accuracy of their statement that they have obtained verification. To compel documentation of their verification requires getting the matter before a judge.
The method of verification (MOV) process applies only to requests sent to a CRA relating to the procedures they used in their reinvestigation of a dispute.
There is no requrement under either the FCRA or FDCPA that a debt collector provide the method of their verification of a debt.
01-18-2013 10:58 AM
It's a small amount, have you tried a PFD with the CA?
01-18-2013 12:28 PM
I have tried PFD and other communication. The only thing they answered is a DV letter from November. I have made multiple attempts to reach a settlement for the FULL amount (HA!) and they refuse to return phone calls and such.
01-18-2013 01:01 PM
Forums posts are not provided or commissioned by FICO. Forums posts have not been reviewed, approved or otherwise endorsed by FICO. It is not FICO's responsibility to ensure all posts and/or questions are answered.† Advertiser Disclosure: The listings that appear on myFICO are from companies from which myFICO receives compensation, which may impact how and where products appear on myFICO (including, for example, the order in which they appear). myFICO does not review or include all companies or all available products.
* For complete information, see the terms and conditions on the credit card issuer’s website. Once you click apply for this card, you will be directed to the issuer’s website where you may review the terms and conditions of the card before applying. While myFICO always strives to present the most accurate information, we show a summary to help you choose a product, not the full legal terms - and before applying you should understand the full terms of products as stated by the issuer itself.
IMPORTANT INFORMATION: All FICO® Score products made available on myFICO.com include a FICO® Score 8, along with additional FICO® Score versions. Your lender or insurer may use a different FICO® Score than the versions you receive from myFICO, or another type of credit score altogether. Learn more
FICO, myFICO, Score Watch, The score lenders use, and The Score That Matters are trademarks or registered trademarks of Fair Isaac Corporation. Equifax Credit Report is a trademark of Equifax, Inc. and its affiliated companies. Many factors affect your FICO Score and the interest rates you may receive. Fair Isaac is not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act. Fair Isaac does not provide "credit repair" services or advice or assistance regarding "rebuilding" or "improving" your credit record, credit history or credit rating. FTC's website on credit.