Need Help turned over to collections before validation

[Pineknot69]

I was contacted on August 1 by a West Asset Inc. by letter which stated that I owed a hospital 113.00 for a bill from May 2013. I contacted the creditor they claimed I owe and the hospital does not have any record that I owe anything. I spoke with a customer rep at West Asset before and explained that the hospital does not claim I owe them. That was a few months ago. So upon receiving this recent letter I issued a validation demand via certified letter requesting proof that I owed this bill. I included the phone number for the original creditor they claim I failed to pay and asked them to contact the hospital to verify this. The letter West Asset mailed me was dated August 1, 2014. Yet today I am notified via myfico that they have placed my account into collections. Their letter stated that unless I disputed the validity of the debt they would assume it was correct. Today I contacted the collections agency and spoke to a supervisor and he stated that "that was our bad" when I asked him why his letter said I have 30 days when they did not give me 30 days before placing the account in collections. He also stated that I would have to show proof I didn't owe the debt. He stated that he could not contact the hospital to verify anything. I am so upset because I have been working hard to raise my credit score for a year now and this bogus collection dropped my score even though I don't owe it. I have verified with the hospital billing department that I don't owe it. They stated that I should have the collector contact them. So now I don't know what to do. I informed the agent I spoke to that if the notation on my credit report was not removed that I would contact the bbb and the cfpb. He basically stated that, despite my dispute, despite my validation request and despite their own 30 day to dispute note on their letter, the claim would not be removed until he has proof. I know it's on them to prove I owe it. What advice can anyone give me to fix this mess? I think the hospital messed up and filed their claim with my son's insurance incorrectly and I notified them to resubmit it, they must have sent the account to this agency before they resubmitted it. 

[dursty87]

Was the letter you received on the 1st the first dunning notice they have sent you?  Or did they send you one back in May?

[Pineknot69]

This was the first letter. I got a phone call awhile back and explained the situation and the representative told me they would check and see what went wrong. Apparently they did not. I also just checked the company out for a license to collect in TN via the Consumer Affairs Division (they claim they are licensed here) but I cannot find a license number or record of it. 

[dursty87]

I would file a complaint with the CFPB. A CA cannot report to the CRA's after receiving a DV(as long as it is within 30 days of receiving the first dunning notice)  or until they validate the debt. I would upload a copy of the green card showing they signed for the DV and a copy of your credit report showing they still reported to the CRA's. You can also upload the dunning notice they sent you.  I would also stop calling the CA and stick to sending CMRRR so you have a paper trail of their violations and take them to court.  If what you are saying is accurate with your timeline, they have already violated the FDCPA and you can sue for $1000.

Edited to include more info.

[Pineknot69]

Thank you thats what i plan to do!

[Pineknot69]

Months ago I finally received a notice that the Consumer Financial Protection Bureau had fined West Asset for this violation. Today I found that they have apparently sold this debt to a Senex Services Corp in Indianapolis, IN. I did not receive any dunning notice this time it just popped up on my fico score alert today. 

[RobertEG]

The new debt collector can report without first contacting you.

Reporting triggered the requirment to send dunning notice within 5 dyas thereafter, but the reporting is permissible.

Any issue of lack of timely dunning notice will have no impact on or require removal of their reporting.

You can file s complaint with the CFPB if they do not comply with the dunning notice requirment.

[Pineknot69]

Well I guess I will request their validation of the alleged debt and see what they send me. West Asset didn't send any information to validate it and they removed the item after the CFPB investigated last time so I think maybe that violation could be leverage. Either way, Senex is not going to remove the remarks simply for being paid and the main thing I wish to do is have the item removed. If it's an old debt from 2013 can they list it as a new one now? Thank you.