Should I DV on this?

[Anonymous]

Hello all,
About a year and half ago, my wife went to the dentist for a regular visit. This was her first time at this clinic. She was then scheduled for a follow up visit. She failed to make that visit, and about a month later, we got a letter saying we owed them $70 bucks for no-show. My wife was never told about this fee. I refused to pay them, and about 3 months later, I got a letter from a CA requesting the money. I freaked out and paid them the $70 bucks. Of course, that was not enough for them, and they reported the collection to all CRAs. Now, I see my score being affected by this, and i think I should DV it, since first, my wife was never told about the noshow fee, and second, it was not me, but my wife who visited the dentist. I tried sending a GW letter to the CA, but that didn't work. Should I DV of this? I live in Wisconsin, so I'm not sure how the law works on spouses and credit (I know whenever one of us applies for a CC or loan, a letter is sent to the other spouse). What are your thoughts on this?

Thanks in advance,
-d

[SmartCookie]

Sure you should DV.  Plain and simple this debt is not yours.  Handle it as 2 issues.

Who was the now show letter addressed to?  If to your wife, she should call the dentist's office and begin by telling them they need to have their billing department fix this.  She wasn't told and she signed nothing... so there is no agreement from her to this 'policy'. 

[Anonymous]

Thanks for your response. All correspondence was addressed to me. I'm guessing it is because the dental insurance is under my name. I looked up Tuscani's DV letter, but I think I should send it without the paragraph that requests a stop to all collection efforts, since it's already paid. Should I make any other corrections?

Something like this:

Re: Account #: XXXXXXX
Dear Sir or Madam:
This letter hereby notifies you that the validity of this debt is in dispute. In an attempt to validate this debt, I am requesting evidence of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such substantiation, under federal and state law you must correct any erroneous reporting to any and all credit reporting agencies
In accordance with Section 809 of the Fair Debt Collection Practices Act, Fair Credit Reporting Act and corresponding case law, please provide me, in writing, the following information:
1. A copy of the alleged original contract or other instrument bearing my signature
2. Complete account history, including, all statements, records of all activity, payments, collection attempts, and any charges added for collection activity; In short, any and all documentation pertaining to this account
3. Evidence of your authorization under 15 USC 1692(e) and 15 USC 1692(f) in this alleged matter
4. Evidence that your company is registered as a consumer collection agency in the State Of Wisconsin
Failure to respond, in writing, and in a timely manner, will serve as a waiver to any and all of your claims in this matter and that this matter is permanently closed. Please provide the requested information or correct your records and immediately request the removal of this invalid debt from all sources to which you may have reported.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be retained should further action become necessary. This is a request for information only, and is not a statement, election, or waiver of status.
I look forward to your timely response.
Best regards,



Thanks again
-d

[SmartCookie]

Ooofa I missed the part where you said you had paid this debt, which you were not legally obligated to pay as your wife is not a minor child and you also had signed nothing taking financial responsibility for her with that office.  Do not have your wife all the dentist.

I would dispute as "not mine" on your CBRs.  Before continuing with the DV, I wonder if you have an easy recourse to get your money back.  No part of this has any business appearing on your CBRs but you paying it may have in some aspect acknowledged it as far as they are concerned.  

My concern is that they will erroneously update this to PAID.  You should not take that hit.

I defer you to someone more knowledgable for this slightly more complex situation.

Ohhhh Timothy... Noah....Tusc......one of you all....yoo hooooo!

Edit: typo

Message Edited by SmartCookie on 10-01-2007 09:01 PM

[Anonymous]

I understand what you mean. This is already showing on my CRAs as Paid, so I guess I could DV with the CRAs first and see how that goes. Lets hear what the experts think

Thanks again.

Edit: BTW, I just noticed that MyFICO is 30 points lower on the 2 CRAs where this is being reported Getting rid of this will be a nice jump.

Message Edited by onehotcuban on 10-01-2007 08:12 PM

[Anonymous]

Ouch! Oh! That is so silly OHC. What a horror story. Absolutely! Dispute, dispute, dispute! That would put me on the warpath. Not only letters to the CA, dentists office, but also to the CRA themselves, I'd think.

[Anonymous]

Yeah, this has really pissed me off.  The letter is ready and I'll be sending it out today via CMRRR. 

Thanks again,

-d

[Anonymous]

Did you pay it immediately upon notification?  If so I see no reason it should have been added to your bureau reports.

[Anonymous]

for one thing how did they get your SS#  was there ins. in your name?  If so I would DV the CA (even tho it is paid)     also dispute with all CRAs that show it as  NOT MINE!!!!!!!!!

If they got your SS#  from ins.  they still have no right reporting on your CR.  Is it also showing on her's?

If it isn't then im guessing that she never gave her SS#.

I do not know if you can get your money back but I would fight like HH for it!!

Speaking for myself  i would go so far as ITS the CA!

remember you dispute with the CRAs only.  Make sure that you have copies of cancelled checks or something from the bank.

Message Edited by HappyDays on 10-02-2007 09:07 PM

[Anonymous]

I don't know how they got my SS, but I'm guessing it was from my insurance card or company.  The CA does not show on my wife's CRAs.  I have sent the CA my DV letter already and I'm waiting on the green card to arrive.  I was just thinking that since I already sent them a GW letter, they might say that the debt is mine, I don't know, I guess I'll have to wait and see what happens.