Medical Collection DV response received, but there is a discrepancy

[WildTurkey]

I sent a DV letter to Berks Credit & Collections, Inc. They responded by sending me a copy of my EOB from my insurance company that states the amount owed is $109. The letter they enclosed states the balance owed is $175. My CR also shows a balance of $175.

How do I respond? Do I dispute? Can I PFD for less?

There are 2 accounts with BCC showing on my credit report, but they only validated the one above. Can anyone tell me what my next step is?

EDIT: In addition, I made a boo boo. The debt may be still within the SOL (3 years). Date of service was 2/23/10. EOB send date was 3/23/10. Equifax states DoFD as 3/2010. My DV letter was dated 3/22/13. CA letter is dated 3/26/13. Did I make a mistake?

[DaBears]

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@WildTurkey wrote:

I sent a DV letter to Berks Credit & Collections, Inc. They responded by sending me a copy of my EOB from my insurance company that states the amount owed is $109. The letter they enclosed states the balance owed is $175. My CR also shows a balance of $175.

How do I respond? Do I dispute? Can I PFD for less?

There are 2 accounts with BCC showing on my credit report, but they only validated the one above. Can anyone tell me what my next step is?

EDIT: In addition, I made a boo boo. The debt may be still within the SOL (3 years). Date of service was 2/23/10. EOB send date was 3/23/10. Equifax states DoFD as 3/2010. My DV letter was dated 3/22/13. CA letter is dated 3/26/13. Did I make a mistake?

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Seems the debt was validated and unfortunately you can't dispute unless they are reporting inaccurate info to the CRA's which in this case they seem not to be. It can be risky to DV an account within the SOL. I would call to see if they can do a PFD. If not you can do a PIF then good will them.

[WildTurkey]

Validated? The EOB says $109 and their letter says $175, zero interest and zero fees. They're contradicting themselves. And according to what they sent me, they are reporting the wrong balance. Am I supposed to just ignore this and pay the $175? It's just wrong.

[RobertEG]

In a DV, they are required to state that they have determined the debt to be valid.  They have done so.

They are also required to state the current amount of what they have determined to be debt.  They have done so.

The fact that their statement of the current debt owed is different from what the consumer considers the debt due is the reason why they are required to provide that info.

It gives the consumer a basis to contest if they disagree.  Thus, their validation is not deficient on that basis.

You can, of course, contest the amount of the debt.  Their determination is not gospel.

In a DV request, the consumer is entitled to ask for and receive an itemization of the debt.  That provides a basis for determining what the debt collector considers the components of the debt to be, and thus challenge any amount that is not authorized. 

Debt collectors are entitled,under FDCPA 808(1), to add an additional amount to the princiapl debt IF the original contract agreement specifically authorizes such amounts, or if a provision of law in your state authorized that amount.  If you review your original account agreement, and any amount they assert as part of the debt is not explicitly authorized in your original account agreement with the creditor, and is not otherwise specifically permitted by law, then they have violated the FDCPA.

As a second avenue for challenge of the asserted debt, if they have also reported an amount under collection to the CRA that differs from your accounting, you can file a dispute challenging that reporting.

You thus have avenues to challenge the asserted amount of the debt.  A challenge of the adeqacy of their response to a DV is not the mechancism.

[WildTurkey]

So I can dispute the amount through the CRAs? But not a good idea since the debt is still within the SOL, correct? Since the debt is validated, but I don't agree, can I contact the OC and ask them for a copy of the bill/ agreement?

Basically, what would be the best step to take next?