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De ja vu


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Hi, this is my first visit.

I was sent to a CA in 1995 by a Dr. who went out of business. I tried to fight it because I didn't think I should

have to pay since they never billed my ins and never notified me. A lawyer advised me that it was still my debt- I

am stubborn I guess. I paid a bit on in (Last paid in 2-00) and It sat on my credit. This year it fell of my credit.

I just got a notice from Marc Account Systems- the CA that they are going to put my name into their TRW computer as

if it is the first time.

How many times can they put an unpaid debt on your cred

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Send the CA a validation letter befor they place it on your CR. I believe im correct in saying if that its not listed, and you are disputing it with the CA, if they list without provideing you validation, you will have them for violation of the FDCPA

[Edit by georgiaboy on Sunday, January 26, 2003 @ 01:58 PM]

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This is not legal - they can not re-enter a tradeline that has already expired from 1995 when the original creditor has gone out of business. Also the medical collections are the same as an open account on the SOL, find out what the SOL is for your state. If they are past the allowed time, inform the collection agency that you will sue them if they fraudulantly try to collect on this debt.

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The notice you got from the CA was likely a form letter. If it's been more than seven years since you incurred this service, then they can not (and likely will not)report you to to CRAs.

Check your credit in a couple of months, if they do report, you have a cause of action against them.

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<blockquote>Originally posted by bearcat

The notice you got from the CA was likely a form letter. If it's been more than seven years since you incurred this service, then they can not (and likely will not)report you to to CRAs.

Check your credit in a couple of months, if they do report, you have a cause of action against them.

</blockquote>

Form letter or not, it's illegal, a violation of the FDCPA, and actionable as such.

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<blockquote>Originally posted by lizzylu

Hi, this is my first visit.

I was sent to a CA in 1995 by a Dr. who went out of business. I tried to fight it because I didn't think I should

have to pay since they never billed my ins and never notified me. A lawyer advised me that it was still my debt- I

am stubborn I guess. I paid a bit on in (Last paid in 2-00) and It sat on my credit. This year it fell of my credit.

I just got a notice from Marc Account Systems- the CA that they are going to put my name into their TRW computer as

if it is the first time.

How many times can they put an unpaid debt on your cred

</blockquote>

Jamie... Hmmm... Your name sounds really familiar... did you ever work for a bank here in Nashville? I might have met you before.

Anyways, the bottom line is that they are reporting something to the CRA as being a valid debt, when in fact you have disputed it. Once you've disputed it, they have to update its status as such. Use the FCRA for taking action, and refer to Nelson v. Chase Manhattan Bank as giving rise to your cause of action. Also, there are some FDCPA issues involved, but others have already addressed them

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