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MY DH has two collections that aren't going away.
He went to an emergency room in 3/2004, and had an ambulance bill as well. Hospiital bill was reported several times by 3 different CAs with different amounts. NCO, Arrow Financial and Bay Area Credit were all reporting the ambulance bill in different amounts on a combination of the CRs. Had no idea who owned it.
I sent preHIPAAs to everyone August 25. One by one they dropped till there was only one CA for each reporting the hospital bill on all three, and ambulance on 2.
Bay Area Credit is reporting a debt and lists Arrow Financial as the OC. The hospital bill is reporting for the same amount and OC for all three, slightly different CA names but the same address.
I went through the whole HIPAA process for both carefully and correctly. I'm not even sure TU realizes the Bay Area Credit account is medical. It doesn't say medical.
I got a letter back from Bay Area with an offer to settle a few weeks ago. Wasn't sure what to do with it, but followed the HIPAA process. No other validation, no validation from the hospital either.
I sent the HIPAA Follow up with copy of Med DV and GC on the Oct 17. Today I got a TU letter dated Oct 25.
Hospital Bill: New information below
Ambulance Bill: Verified, No Change
I don't get it!!
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I would say the behavior of the CA is a violation of the FDCPA Sect. 809 and FCRA Sectt. 602, 605, 611 and 615.
I would send an ITS letter CMRRR to the CA notifying them of the above violations and giving them 7 days from receipt to resolve.
Then i would send CMRRR copies of the fierst DV letter and of this ITS letter to the CRA stating that the CA is not in compliance of the statutes for not reporting the account is being disputed and\or reporting beyond the 30 days term. DO NOT DISPUTE with the CRA - send for their information only.
UGH! Just got a letter from Equifax verifying the same hospital bill as mentioned above. I have never gotten ANYTHING FROM THE OC that proves this debt.
There's also a fraud alert from Equifax and Transunion? Can they be related?
Also, I couldn't find a sample ITS letter... does anyone have one? I did look...
Two examples - use at your discretion and update as necessary:
SAMPLE #1
USPS Certified Letter # 1111 2222 3333 5285 7595
October 8, 2008
Company
Address
City
Regarding: Account 1234567
NOTICE OF FCRA VIOLATIONS AND INTENT TO SUE
To Whom It May Concern:
I have recently received notification from Equifax (#12345678) [use your type of alert or notice or CRA] that you have apparently verified this account with them.
I am astounded at the way You have reported this account as [being X time late, or whatever is your problem] -I request You to provide me within five (5) days from receipt of this letter with all the information regarding this account, including the statements proving I was [late X number of times or your problem] and all other communications regarding usage of this account.
Also, You have willfully misreported the date you have closed this account - this is a violation of Fair Credit Reporting Act, a violation of the e-Oscar guidelines for reporting, and this is purposely causing me damage by an artificial depression of my FICO scores. [use is applicable - for example if the account is charged off but not reported closed]
Moreover, You have recently updated my credit report and are misrepresenting the account history of this account - this is a violation of Fair Credit Reporting Act a violation of the e-Oscar guidelines for reporting, and this is purposely causing me damage by an artificial depression of my FICO scores.
I hereby request that within five (5) day from receipt of this letter You provide me with all the above requested information, and You immediately amend all the information provided to Equifax [use your CRA of choice] to correctly reflect the nature, history and status of this account.
Should you fail to comply with these reasonable demands within five (5) days of the receipt of this letter, I shall file suit against you without any further notice. At that time, you would be responsible for statutory fines and damages, actual damages and any attorneys fees incurred.
I will also immediately file complaints with the FTC, and the BBBs and AGs in my and your home states.
This letter is not to be construed as an acknowledgement of liability for this or any other debt.
Sincerely,
your name
your address
sample #2
USPS Certified mail # 1111 2222 3333 4444 5555
October 14, 2008
Collector, LLC
123 1 AVE STE 1500
City, State 10001
To Whom It May Concern:
NOTICE OF FDCPA VIOLATION AND INTENT TO SUE
This letter is about Collector, LLC's violation of the FDCPA, § 809. Validation of debts.
Your inquiry on my credit report is initial communication with a consumer, and within 5 days from such initial communication, you should have provided me with details about your claim. In fact, the law clearly states:
"(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has
paid the debt, send the consumer a written notice containing-
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the
debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
You have not provided me with such notice - for this violation you owe me the FDCPA § 813 Civil liability fine in measure of One thousand US Dollars (US $1,000), payable directly to me.
I demand you pay me the above amount of One thousand US Dollars (US $1,000) within seven (7) days from receipt of this notice. I have filed complaints with the BBB, the AG and the FTC in relation to this violation.
Should you fail to meet my demand as outlined above within seven (7) days from receipt of this notice, I will not hesitate to file suit against you.
I anticipate your quick response to this matter.
Regards,
Your name
Your address