topic Re: What to do what to do..hmmm in Rebuilding Your Credit

What to do what to do..hmmm

Anonymous — Fri, 02 Aug 2013 05:26:24 GMT

I have a medical collection on my credit report that posted about 2 years ago. I disputed it on my credit report (Only showing on experian) in early june and came back verified. I called the collection company, they told me it was a hospital visit back in JAN of 2011 that I did not pay. I dont even remember being in the hospital. I asked them to validate this debt, and was told they will request the information. This was sometime early june.

End of JUNE i called back, still no response, and no info sent to me. Was told these things "take a while" because of hippa laws and requesting medical documents, etc. I thought they were just stalling. I asked them to remove the info off my credit report till they could validate with documents. NOPE they said.You have to wait. That set me off

I fired off emails to BBB, Attorney generals office in Florida, the office of financial regulation that issues collection company licenses and sent a dispute over to the FTC.

A month later still nothing from these companies other than the Off of Fin Reg said they would look into it. The bbb complaint seems to be going nowhere.

Does anyone know if I have any options left I can resort to or do i seriously have to wait it out till THEY get these documents? It been almost 2 months now.

Re: What to do what to do..hmmm

Anonymous — Fri, 02 Aug 2013 12:58:14 GMT

Call the hospital and see if they can give you any info. If it's yours, see if the hospital will take payment directly and then you can have them recall the debt from the CA and it's off your reports. I'd also send a DV via CMRRR immediately.

Re: What to do what to do..hmmm

DaBears — Fri, 02 Aug 2013 13:03:17 GMT

at this point the DV would be considered untimely. I would send a direct dispute to the CA.

Re: What to do what to do..hmmm

Anonymous — Fri, 02 Aug 2013 16:54:41 GMT

@DaBears wrote:
at this point the DV would be considered untimely. I would send a direct dispute to the CA.

I did that, I sent them a certified mail with a dispute/validation request. They have not contacted me. Next Friday will be 30 days.

Re: What to do what to do..hmmm

RobertEG — Fri, 02 Aug 2013 17:28:32 GMT

As I view the situation, the debt collector asserts the debt is valid, and you contest.

Verification of either the debt or accuracy of their reporting can be based on whatever evidence they have that supports the asserted accuracy.

Neither process requires them to prove their verification.

Did you send the debt collector a DV requesting validation/verification of the debt, or was it a direct dispute under the FCRA? Very different animals.

If a DV, they have no required period to provide the requested debt validation/verification. Their "penalty" for not providiing the requested verification is that they must cease active collection on the debt until they have done so, and that cease collection bar only comes into force if the DV was timely. Failure to have responded to a DV is not basis, in and of itself, for asserting any violation of the FCRA or FDCPA.

If a direct dispute, they do have a 30-day period to respond. Verification of the disputed reporting can be accomplished simply by their response that they have investigated and found the information to be accurate. They do not have to provide documentation or proofs.

Noting you state that you filed a prior dispute via the CRA, any direct dispute you send can be dismissed by them without any need for investigation or verification as being frivolous or irrelevant if it addresses substantially the same issues.

To contest the factual accuracy of owing the debt requires other avenues, such as an identity theft blockage if supported by your sworn police report.

At this juncture, based on the posted information, I do not see any violations of the FDCPA or FCRA.

Re: What to do what to do..hmmm

DaBears — Fri, 02 Aug 2013 20:00:25 GMT

+1 Robert. DV and Direct Dispute is totally different. Which one did you send?

Re: What to do what to do..hmmm

Anonymous — Sat, 03 Aug 2013 04:06:10 GMT

I sent them this letter

To *******

Upon pulling a recent copy of my credit report, your company MEDICAL BUSINESS CONSULTANTS is listing a collection account from ******** in the amount of $191 under account number ******* on my credit report. I have made previous contacts with your company and spoken to you 3 times regarding this account and requested you send me documentation verifying the accuracy of this account.

I have filed an official complaint with the better business bureau in the state of Florida in regards to this matter (case number #******) and also filed an official complaint with the Florida State Attorney’s-Consumer Protection Division) office to which I am attaching the email correspondence from them along with this letter, and also filed an official complaint with the Florida Office of Financial Regulation (documentation also attached). I have also filed an official complaint with the FTC-Consumer Fraud Protection Bureau (case ******).

I am requesting you send me valid documentation in regards to this account for me to review. I am not requesting verification of the debt, I am requesting VALIDATION of the debt. Under the Fair Debt Collection Practice Act you are required to send me validation of the debt. Also under the Fair Credit Reporting Act you are you were required to list this account in dispute with the credit bureaus when I previously contacted your company. You have failed to do so and are currently in violation of that section under the Fair Credit Collection Practice Act.

I am giving your company officially 30 days from this letter to validate the debt or remove this from my credit report, close the account and send me documentation stating you cannot verify this debt. If you fail to do so, my next step will be to file a lawsuit against Medical Business Consultants showing cause of action for credit damage and intentional disregard to this issue.

This is an attempt to resolve a debt. Any information obtained will be used for that purpose.

--------------------------

This was sent to them on 7-12 certified MAIL.

Re: What to do what to do..hmmm

Anonymous — Wed, 07 Aug 2013 03:26:26 GMT

I called the original creditor this collection company is trying to collect on. They told me they charged it off in JUN of 2011 and that MEDICAL BUSINESS CONSULATANTS has the file. Funny how MBS supposedly was requesting documentation from them to prove this medical bill is mine. They told me MBS has not asked for any documentation. That made my blood boil. I advised her that I was going to file a lawsuit against them (the OC) and MBS for credit damage. Seems neither one of these 2 companies knows whats going on. She told me she would have a supervisor call me back, never got a call back.

Guess its time to talk a consumer lawyer tomororw.

Re: What to do what to do..hmmm

Anonymous — Fri, 09 Aug 2013 05:50:37 GMT

Just talked to a Consumer lawyer today. They told me I have a very strong case against them and want me to come in and bring all the documents. Guess that's what it's going to take to get this item removed. No more playing around with this company anymore.

Re: What to do what to do..hmmm

RobertEG — Fri, 09 Aug 2013 09:47:39 GMT

The letter seems to rasie issues of both request for validation of the debt and a dispute under the FCRA.

It's unfortunately apples and oranges. So they could, in my opinion, have treated it as either a DV or a direct dispute.

If a DV, theire is no requirement that they respond within any period. The consumer can not require response within 30 days.

If a direct dispute, yes, they are required to either verify the accuracy, correct their reporting, or delete after conclusion of the 30 day dispute period.

However, once again, there is no requirement under either the DV or direct dispute statutes that the debt collector must provide documentation in support of their verification.

There are several very good reasons why the statute does not require documentation in support of their finding.

First, whatever they may provide is likely to either be contested by the consumer, or to be incomplete/one-dided in its factual content.

Second, neither the DV nor dispute processes have an administrative law judge as part of the process who can compel each side to provide all documentation and then rule on what it factuallly supports. Thus, providing "documentation" is not a part of either process. The process gives you their statement that they have conducted a reasonable investigation, and that their determination is supported by their investigation. If they falsely verify, and that is later shown in court, they will have a serious issue of wllful violation of their investigation obligation.

Compelling the presentation of documentation is the purview of the courts, who also have the authority to make a finding of fact after review of all the evidence.

If you contest a verification under either the FDCPA or the FCRA, you have recourse to filing a civil action, and thus the benefit of the legal discovery process provided by the court.

Re: What to do what to do..hmmm

Anonymous — Sun, 11 Aug 2013 05:26:07 GMT

Actually per the FCRA guidelines, they are REQUIRED to list the account in dispute until they provide documentation proviing otherwise. Neglecting to do so is a violation of that statue, so they have violated that section. For DEBT dispute thru a CRA, they are required to submit documentation within 30-45 days to the CRA otherwise the CRA has to delete the information. Failure to do so constitutes a violation of the reporting system. Their is no unlimited timeframe regardless if its a medical debt, credit card debt, utility debt, etc.

Re: What to do what to do..hmmm

Anonymous — Sun, 11 Aug 2013 14:50:32 GMT

Where in the FCRA, exactly, are you getting the creditor has to send information to the CRAs.

That is not the case. The consumer can send documentation supporting their dispute and that will be forwarded to the creditor. Nowhere does it say the creditor has to send anything to the consumer or CRA. They only have to determine if the dispute is valid or not,

Re: What to do what to do..hmmm

Anonymous — Mon, 12 Aug 2013 05:21:07 GMT

sending valid documentation is required per the FCRA by the credit reporting agencies when an account is disputed. That safe-guard was put in place to protect people from errornous reporting. Simply getting a response back from a creditor saying yes mr x with social xyz and dob abc has an account is not an investigation. That's an account inquiry by the reporting agencies using the E-OSCAR system.

Feel free to read this report by a consumer lawyer from the national consumer law center.

http://www.nclc.org/images/pdf/pr-reports/report-automated_injustice.pdf

Re: What to do what to do..hmmm

Anonymous — Mon, 12 Aug 2013 17:50:01 GMT

Have you ever read the FCRA? Documentation is not required. The only person that can make someone provide that is a judge.

Re: What to do what to do..hmmm

Anonymous — Tue, 13 Aug 2013 06:45:46 GMT

Hence the reason why it is going to court

Re: What to do what to do..hmmm

DaBears — Tue, 13 Aug 2013 13:29:34 GMT

Just so you know. CRA's, CA's and OC's keep all related disputes. If the judge finds it's all frivolous he can hold you accountable for the unpaid debt. Good luck.

Community Leader,

DaBears

Re: What to do what to do..hmmm

Shogun — Tue, 13 Aug 2013 16:41:17 GMT

@Anonymous wrote:
Hence the reason why it is going to court

And that's where the rubber meets the road. There is vagueness in some of the rules and regulations. As Robert and guiness have posted many, many times.... That is up to the courts to decide. And I personally, wish you the best of luck. Let us know how it goes.