I don't think this CA has a clue... What should I do?

[deseyer]

Ok.. to make this long story short.. I'm gonna put out what's happened thus far:

1. I checked my credit reports 3/18 found Ca on them for a medical bill that supposedly was setup in 2000.

2. Sent Validation Letter with request for:

• Agreement with your client that grants you the authority to collect on this alleged debt
  Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.
  Any insurance claims been made by any creditor regarding this account
  Any judgments been obtained by any creditor regarding this account

Original Creditor’s Name:

Name of Debtor:

Address of Debtor:

Balance of Account:

Date you acquired this debt:

This Debt was: assigned purchased

Please indicated any credit bureaus to which you have reported negative marks:

Experian ______

Equifax ______

TransUnion ______

Got my green card back.

3. They immediately sent a letter of response (sent out the same day they got the validation letter)

Re: Letter of Dispute

Our office has received your recent letter of dispute, please find the attached statement of account from Medical Group for medical service provided to your minor child My Child's Name. You should please note that your "letter of dispute" is grossly incorrect, this office DOES NOT have to "prove up" to you, or any one else, a contract between our office and our client. You should also be aware that, effective April 2003, the state of California enacted a law that prohibits any person, otehr than the actual patient, from obtaining any other medical information, you will have to show your identification to the provider to obtain any more information. There was no insurance provided to bill on your behalf, therefore the balance is your responsibility.

This is a valid account and this debt is still outstanding.

Please contact our office regarding payment options of the account.

This attachment does hereby fulfill our burden of debt verification.

Thank You

Bakersfield Credit Control Service - Office Manager

4. After calling (I know wrong thing to do) She sent the following revised letter:

re: Letter of dispute

Our office has been in contact with our client regarding your recent phone call to our office. Bakersfield FMG (abbreviated by me) confirms that your actual provider for service for your child was Oak Tree Medical in My Town, Ca. Additionally, per our representative, Vivian, you will have to show your identification to the provider to obtain any more information. There was no insurance provided to bill on your behalf, therefore the balance is your responsibility.

This is a valid account and this debt is still outstanding.

Please contact our office regarding payment options of the account.

This attachment does hereby fulfill our burden of debt verification.

Thank You

Bakersfield Credit Control Service - Office Manager

[tattedbrat]

Just subscribing. I am in the SAME situation.

[Methuss]

Check your CR to see if they list the tradeline as in dispute. If they did not, it's $1000 per credit report under the FCRA. They are required to report it as disputed. No second chances here.

Send a final letter to the CA laying out their violations under the FCRA and FDCPA with a copy of a small-claims complaint filled out and ready to submit to the court for their violations. Tell them they have 10 days to remove the tradelines permanently and send you a hand-signed letter stating such. Let them know that if they comply you will drop your complaint, but if they do not you will sue their butts off.

The simple economics of $200 vs. a possible $4000 liability should be enough to shut off their gas.

[deseyer]

Ya know what.. I didn't follow up on the violations here. Can I still sue them for this?

[divemedic]

What you can do is dispute the debt again with the CRA. If they report (verify) with the CRA again, without the "dispute" notice- you have an all new cause of action.

[Recovering Attorney]

I agree with the foregoing. I'd wait a bit, since you had a flurry of letters so recently, but I would check again in a month and see if they have at least marked it as disputed. They would be foolish not to delete it, but hey, that's why I have a job!

Now, the real question is: did your daughter receive medical treatment in 2000 for which you might be liable? Funny, you did everything but deny owing the money.

Not to stick up for CAs, but they have given you the OC info and encouraged you to contact them. IMO, that is at the heart of the DV process. I agree with you they did not send you material from the OC as the Wollman letter suggests, but I think you are misreading Wright and Coppola.

I would take the info and contact the OC to see if, in fact, you owe the money.

[deseyer]

I forgot to point out that these letters are nearly 2 years old. The other thing I'd like to point out, is that there were some problems iwth the communications regarding the legal notices required on these letters. Namely that when they asked for me to send in payment... no notice to the effect that they were trying to collect a debt was added.

Can I still sue them for that ?

[Recovering Attorney]

the SOL on FDCPA violations is 1 yr

[divemedic]

Correct, but if you dispute again, that is a whole new violation if they verify or relist without dispute notice.

[Recovering Attorney]

I agree, I don't think the letters are as important as how they are reporting it. if they aren't showing dispute...

[deseyer]

Ok

Last week I sent them another validation letter. Within days (they're only 45 minutes away from me) they sent me a response that included all the old stuff. She again repeated that they have validated the debt.

What should I do? This thing runs out next year (7 years next year on my credit report).

Is it validated without them sending me anything but a computer printout that has my name, my daughter's name and our social security numbers. There is a PO Box on it but nothing other than tev01 ... so I don't know where the heck it really came from other than what she is telling me in the letters.

And what the heck is this? Why should I have to call some Vivian at the OC's office? Is there something in the law that states she has to verify it... not me?

Also, again her letter included copies of the old stuff, and what's more, I have a new collection letter from their office this week.

What should I do? Did she or did she not validate with the printout that she stated in her letter was all they gave her? Is she bound to prove that she must prove her right to collect on this debt?

Help