What to do what to do..hmmm

[Anonymous]

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.

[Anonymous]

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.

[DaBears]

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

[Anonymous]

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@DaBears wrote:

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

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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.

[RobertEG]

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. 

[DaBears]

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

[Anonymous]

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.

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

[Anonymous]

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.

[Anonymous]

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.

[RobertEG]

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.