cancel
Showing results for 
Search instead for 
Did you mean: 

What's the protocal for responding to a debt collector [CBCS]

tag
Anonymous
Not applicable

What's the protocal for responding to a debt collector [CBCS]

I received a letter from CBCS requesting payment for an old [2013] medical bill they purchased from another collection agency. It's my understanding the debt collector is required by law [when requested] to provide written documentation of any debts they're attempting to collect within a specfic time period [30 days?] and if they're unable to do so they are required by law to remove you from their collection list and cease contact. Is that true? Just wanted to know where I stand before I shoot off a certified letter requesting documentation on their claim. i Googled them and found a host of posts claiming CBCS to be a scam. TIA. 

Message 1 of 12
11 REPLIES 11
RobertEG
Legendary Contributor

Re: What's the protocal for responding to a debt collector [CBCS]

The debt validation process under FDCPA 809 provides a consumer the ability to send a request for debt validation to a debt collector, but it does not set any period for or requirement for the debt collector to send the requested validation.  The 30-day period is imposed on the consumer, who must send within 30 days of receipt of dunning notice in order to impose a cease collection bar.

 

A debt collector can choose to delay any validation in response to a timely DV request indefinately, provided they do not continue any active collection on the debt.

 

As for "documenatation" of the debt, the FDCPA does not explicitly require that they provide factual documentation to support their validation.

It is left to the courts to interpret the degree of factual documentation required to adequately verify a debt.

It varies with federal judicial jurisdiction, but in general, the courts have held in most jurisdisdictions that factual documentation is not required.

They must, at a minimum, investigate and provide a determination based on that investigation.

Challenge of the adequacy of any validation is handled on a case by base basis by the court under its own precedents. 

Message 2 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]

Thank you Robert. So, they're not required to actually repond to my DV request but ATST they must cease contact until they do? In the letter I received they include an account number, amount due, client name and date of service. What exactly am I requesting from them in the DV in addition to this?

 

Also, I just ran my credit report on Experian yesterday and there was no evidence of this collection. Is it to late to intercept this from appearing on my CR or will it appear should I simply ignore the written notice?  

Message 3 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]


@Anonymous wrote:

Thank you Robert. So, they're not required to actually repond to my DV request but ATST they must cease contact until they do? In the letter I received they include an account number, amount due, client name and date of service. What exactly am I requesting from them in the DV in addition to this?

 

Also, I just ran my credit report on Experian yesterday and there was no evidence of this collection. Is it to late to intercept this from appearing on my CR or will it appear should I simply ignore the written notice?  


If you want them to cease collection efforts, you must respond within 30 days.  Since I'm not sure if I can link any of the sites i found, I would suggest you google 'debt validation letter sample' to get an idea of what to send.  It doesn't have to ask for a specific item to be verified, just stating "I do not believe I owe this debt" should be sufficient.

 

Good Luck!

Message 4 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]

Thanks, I was able to locate several sample DV request templates. As I mentioned in my last post, the notice I received included name, account number, name of hospital, date of service and total amount of the bill. What it didn't include is an itemized bill. Is this what I'm requesting from the collection agency? 

Message 5 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]

.

Message 6 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]

Another question. If multiple CAs have attempted to collect on a past due medical bill does that indicate the bill may still with the OC [hospital] or do CAs sell these bills to other CAs This bill is from August 2013. I understand I can request this information in my DV.

Message 7 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]

Received a response from CBCS today. 

 

In the letter it states "We completed your request for validation and confirmed you owe the current balance. Please find enclosed an itemtized statement [from the provider]. We have stopped all collection activity on these accounts." 

 

Them backing down from my DV request mean they didn't have a legal right to collect on this account? What happens next? 

Message 8 of 12
rmduhon
Valued Contributor

Re: What's the protocal for responding to a debt collector [CBCS]

All it means is that they won't try to collect from you anymore, but it doesn't necessarily mean that it'll be deleted from your reports.
Message 9 of 12
Anonymous
Not applicable

Re: What's the protocal for responding to a debt collector [CBCS]


@rmduhon wrote:
All it means is that they won't try to collect from you anymore, but it doesn't necessarily mean that it'll be deleted from your reports.

Excellent. It's not CURRENTING being reporting.

Message 10 of 12
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.