Next Steps

[Anonymous]

So last month I drafted two letters validating medical collections.  I received a reply (this week) from one of the companies informing me they were closing my account but gemade no mention of reporting it to the credit bureaus.  When I got my most recent credit report, it is still being shown.  How long should I allow them to remove the report and how do I go about getting the item removed if I they do not take care of it?  

The other collecton agency has not replied to my request for validation and I am coming up on a month since they received my correspondance (Certified mail).  If I do not get a reply, I plan on disputing the debt with the credit bureau's.  What type of evidence will I need to support my claim and how should I go about addressing the issue with the Credit Bureau?

[gdale6]

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@Anonymous wrote:

So last month I drafted two letters validating medical collections.  I received a reply (this week) from one of the companies informing me they were closing my account but gemade no mention of reporting it to the credit bureaus.  When I got my most recent credit report, it is still being shown.  How long should I allow them to remove the report and how do I go about getting the item removed if I they do not take care of it?  

The other collecton agency has not replied to my request for validation and I am coming up on a month since they received my correspondance (Certified mail).  If I do not get a reply, I plan on disputing the debt with the credit bureau's.  What type of evidence will I need to support my claim and how should I go about addressing the issue with the Credit Bureau?

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On the one that closed your case CRA rules require them to remove their TL if they have no collection authority, follow the steps I will give you below but deal only with the OC on this one, you want to pay them before they hire a new collector. No one has to validate and its only valid within the first 30 days of them receiving a collection to be timely, if its timely they have to suspend collection actions until such time that they decide to validate.

For unpaid medical debt that is reporting on your CR:

1. Call the OC and see if you qualify for Charity Care
2. If not then ask that they recall the collection in exchange for full payment
3. Send the reporting CA a PFD offer
4. Google the HIPAA Process and contact its creator for help

[RobertEG]

DV requests dont require any showing of any inaccurate reporting, and in fact can be requested without any reporting.

However, they set no period for or requirment to respond or to send validation.

There is no requirement that they delete their reported collection based on not having sent validation.

If timely, a DV request imposes a cease collection bar, which remains in effect until they have sent validation.

Timely means sent either prior to receipt of a dunning notice, or within 30 days after receipt of dunning notice.  See FDCPA 809(b).

Was your DV timely?

As for filing a dispute of any credit reporting, the consumer must assert a specific inaccuracy in their reporting.  FCRA 611(a).

Do you assert that you dont owe the debt, or some other information related to their collection?

What you must provide varies with what you assert, and must at least be sufficient for the debt collector to conduct a reasonable investigation of its accuracy, which at the least must assert or document how it is inaccurate.