I had something similar happen. It was not my bill but my 21 year old son's. He does not live with me, he is not my dependent and I am not responsible for his bills. Some how my name showed up as the responsible party. The CA said I had to prove he was not my dependent even though the hospital told them it was not my bill. I received 2 more collection letters and finally called them and told them I was going to sue if they insisted on not listening. They must have taken me seriously because I have never again heard from them and it never showed up on my CR.
Send this letter to the CRAs certified but NOT RRR
PRE HIPAA MEDICAL DISPUTE LETTER TO CRA
You dispute medical accounts this way:
Dear CRA,
My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.
I am sending this dispute certified mail # xxxx to make sure you receive it.
I have no knowledge or records of account # xxxxx on my report # xxxxx.
Please advise me as to the name and address of the medical provider, the date and type of service,and to whom the service was provided, as any account I might have had would be obsolete.
If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.
Very truly yours,
xxxxxx
Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic).
DO NOT send it RR -WAIT FOR THE FULL RESPONSE FROM THE CRA BEFORE CONTINUING WITH THE HIPAA LETTER PROCESS
letter to CA CMRRR
LETTER TO COLLECTION AGENCY
COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST
Use this IN ITS ENTIRETY. DO NOT call them .
Use this letter and the included form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail return receipt requested.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date: _________ CRRR#____________
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to your attached letter.
(If you have nothing in writing use the phrase "recent communication)
This is not a refusal to pay, but a notice that your claim is disputed.
Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.
Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes.
In addition to the questionnaire below, please attach copies of:
Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.
Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.
Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.
Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns
I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.
In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion .
I also hereby reserve my right to take private civil action against you to recover damages.
Sincerely,
Your Name(PRINT OR TYPE DO NOT SIGN)
-------------------------------------------
Debt Validation Form
Questionnaire to be returned :
Account #: ____________________
Original Creditor's Name: _________________________________
Name of Debtor: ______________________________________
Address of Debtor: ___________________________________
Balance of Account: __________________________________
Date you acquired this debt: _________________________
This Debt was: assigned ___purchased___
Please indicated any credit bureaus to which you have reported on this account:
Actually, do not put your social security number in the letter, as chances are they don't have it to begin with (this happened to me as well). Give them the account number only... make THEM provide the burdens of proof (social, DL#, DOB, etc, etc.)
