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What should I do

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Anonymous
Not applicable

What should I do

I was sent a letter by a CA concerning a Medical Bill which was my co-pay (apparently). I called and told them that I was requesting DV. They asked to send it in writing. I did. I never received any documents, phone calls, nothing. Low and behold I check my credit after being approved for a new Barclays card. Here sits a collection.... What should I do. I called the OC and they said they could take payment. So I am confused on my next step. I disputed the acct on EX and EQ. TU wasnt reporting this account.

 

Ummm suggestions?

Message 1 of 8
7 REPLIES 7
RobertEG
Legendary Contributor

Re: What should I do

A few clarifying questions.

When did the debt collector provide you a collection (dunning) notice?  When did you send your DV request?

When did the debt collector report the collection to the CRA?

Those dates establish a legal chain of responsibiliites.  The debt collector is required to send you a dunning notice within 5 days of any intitial communication with you.  In that letter, they advise you of your right to request debt validation, and just as important, their dunning notice sets a 30-day period within which you must send any request for debt validation.  If not sent within that 30-day period, you can still DV, but it does not invoke any compliance provisions on their part, and does not invoke any cease collectioon activites bar on them.

If your DV was timely and they have not provided the requeste debt validation, they were barred from the date of receipt of your DV letter from reporting the collection to the CRA until they have first provided the requested debt validation. 

 

Thus, the need to know the relevant dates outlined above.

Message 2 of 8
Anonymous
Not applicable

Re: What should I do

When did the debt collector provide you a collection (dunning) notice? August 11/2011 which was the first and only communication from them

When did you send your DV request?August 15/2011

When did the debt collector report the collection to the CRA? Sometime between October 18 and 25

 

They claim that they did not receive my DV, yet in the conversation today they were referring to my total amount of medical visit and what my insurance paid. They vaguely said Hospital and ER. I asked why they couldnt provide me this information in the first place and legally question HIPAA. But with medical collections there seems to be such a gray area but it just did not seem right. This CA is acting like they were going to take me to the cleaners for 125.00. I didnt know if I should have laughed at them or just feel bad for the CA rep.

 

 

 

 

Message 3 of 8
Anonymous
Not applicable

Re: What should I do

To add they also disclosed their notes from my first call to them after rec the notice that I DV'ed verbally and would be sending my DV

Message 4 of 8
AndySoCal
Valued Contributor

Re: What should I do

Ask the OC what will happen to your account at the collection agency if you pay them in full.

FICO Scores XPN v8 802 V2 831 (SDFCU) TUC 803 v8 EFX 807 (10/2023)
Discover 09/90 19,000, JCPenney 10/2008 4,700 US Bank Cash+ 12,000 Citibank Custom Cash 5/2015 11,100 C State Dept. FCU 15,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 Banking: Ally Bank Credit Unions: Lafayette FCU Quorum FCU State Department FCU State Department FCU Pelican State CU Redstone FCU

Message 5 of 8
bruiseviolet
Frequent Contributor

Re: What should I do

You need to cease contact with them- and send a PRE-HIPAA letter to the collection agencies immediately.  Goodle Mod Cut Hipaa Process to deal with Medical collections

Message 6 of 8
Anonymous
Not applicable

Re: What should I do

After a long conversation with several reps at the OC and emails to head of OC. They agreed to remove the account from CA and the account is PIF. I was given confirmation of payment and promise to remove from CRA's. I have all of the info. Is there anything else I should do in the meantime to protect myself. It is horrible that anyone should have to safeguard themselves like this. 

 

Hopefully this goes smooth! 

Message 7 of 8
AndySoCal
Valued Contributor

Re: What should I do

Just as an FYI The process of getting the account removed from your credit report may take around a month or so.  I am glad the issue is resolved in a positive way for alll parties concemed.

FICO Scores XPN v8 802 V2 831 (SDFCU) TUC 803 v8 EFX 807 (10/2023)
Discover 09/90 19,000, JCPenney 10/2008 4,700 US Bank Cash+ 12,000 Citibank Custom Cash 5/2015 11,100 C State Dept. FCU 15,000 06/2023 , 02/2024 Redstone FCU Signature VISA 10,000 Banking: Ally Bank Credit Unions: Lafayette FCU Quorum FCU State Department FCU State Department FCU Pelican State CU Redstone FCU

Message 8 of 8
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