New Medical Collection on CR (NO DUNNING LETTER)

kennerchick · ‎04-18-2016

How do I handle this? Common Wealth just popped up on my husbands credit report. It is a medical collection. We have received nothing in the mail from them in the mail. Aren't they suppose to do that before adding themselves to the CR??

Also PRA did the add remove thing again! So according to Credit Karma the LEAP of score my husband got where he was 10 points away from joining the 600 club dragged him down 35 points!

Starting all over again!

Anonymous · ‎04-18-2016

@kennerchick wrote:
How do I handle this? Common Wealth just popped up on my husbands credit report. It is a medical collection. We have received nothing in the mail from them in the mail. Aren't they suppose to do that before adding themselves to the CR??

Also PRA did the add remove thing again! So according to Credit Karma the LEAP of score my husband got where he was 10 points away from joining the 600 club dragged him down 35 points!

Consider settling with PRA (as distasteful as that may be) in order to stop the updating games.

Common Wealth - the reporting triggers the requirement to send a dunning notice, not the other way around. However CAs will frequently send dunning notices to old addresses listed on your reports. How old is this item?

Anonymous · ‎04-18-2016

I had that happen as well recently; the amount listed was something that I was able to afford, so I just called them and asked if they'd remove the debt if I paid today, and I mentioned not having received any correspondence. They agreed and it was removed. Not sure if the amount is something you can afford or not.

kennerchick · ‎04-18-2016

@Anonymous wrote:
@kennerchick wrote:
How do I handle this? Common Wealth just popped up on my husbands credit report. It is a medical collection. We have received nothing in the mail from them in the mail. Aren't they suppose to do that before adding themselves to the CR??

Also PRA did the add remove thing again! So according to Credit Karma the LEAP of score my husband got where he was 10 points away from joining the 600 club dragged him down 35 points!
Consider settling with PRA (as distasteful as that may be) in order to stop the updating games.

Common Wealth - the reporting triggers the requirement to send a dunning notice, not the other way around. However CAs will frequently send dunning notices to old addresses listed on your reports. How old is this item?

I can't deal with paying PRA, so that's out of the question. I just need to pray they will drop like ERC did.

I can see the debt that Common Wealth has put on my husbands report was with another collection agency and they were removed from his credit report in July 2015. I do not see the hospital listed, so I am unsure of how old the debt is, but I am guessing 4 years if not more. There is nothing listed on Credit Karma like when this bill took place. Only thing they have is March 2016 it was opened

Starting all over again!

RobertEG · ‎04-18-2016

Lack of required dunning notice is a violation of FDCPA 809(a).

While the FDCPA does not specificlly list reporting to a CRA as being an "initial communication" that triggers requirment for dunning notice, many appellate jurisdictions have case law that makes that intepretation, so you may have a case based on case law precedent in your jurisdiction.

You have tthree options.

Option one is to let it slide. You might wish to seek GW or PFD, and thus may decide not to take confrontational actions.

Option two is to send a formal complaint to the CFPB, which might result in their sending a nasty gram and a slap on the wrist, but the CFPB is not going to bring civil action for such a violation.

Option three. The FDCPA provides for "statutory damages" for any violation, meaning the consumer need only show a technical violation of a provision of the statute, and need not show that the violation resulted in any damages. Statutory damages are limited under the FDCPA to $1,000 per occurence.

If you are a knowledgeable consumer, then lack of dunning notice can actually be in your favor.

Any DV request will contnue to be timely until such time as the debt collector has sent dunning notice, and then the 30-day period has expired.

Thus, lack of dunning notice, provided you know your DV rights, can actually benefit.

kennerchick · ‎04-19-2016

@RobertEG wrote:
Lack of required dunning notice is a violation of FDCPA 809(a).
While the FDCPA does not specificlly list reporting to a CRA as being an "initial communication" that triggers requirment for dunning notice, many appellate jurisdictions have case law that makes that intepretation, so you may have a case based on case law precedent in your jurisdiction.

You have tthree options.
Option one is to let it slide. You might wish to seek GW or PFD, and thus may decide not to take confrontational actions.
Option two is to send a formal complaint to the CFPB, which might result in their sending a nasty gram and a slap on the wrist, but the CFPB is not going to bring civil action for such a violation.
Option three. The FDCPA provides for "statutory damages" for any violation, meaning the consumer need only show a technical violation of a provision of the statute, and need not show that the violation resulted in any damages. Statutory damages are limited under the FDCPA to $1,000 per occurence.

If you are a knowledgeable consumer, then lack of dunning notice can actually be in your favor.
Any DV request will contnue to be timely until such time as the debt collector has sent dunning notice, and then the 30-day period has expired.
Thus, lack of dunning notice, provided you know your DV rights, can actually benefit.

Robert,

I opted to do a complaint with the BBB, but if that doesn't work, how would I do option #3?

Thanks

Starting all over again!