FISHY possible RE-AGE from my 1st DV response

[UnrulyJulie]

The CA is Absolute Collect Services. I DV'd them for a $50 debt shown on my Experian report. Date opened: 01/2003, reported since 5/2003. The response I got was an itemized hospital bill direct from the OC dated 2/20/01, which my insurance covered all but $50, apparently.

But yet, the amount shows as 50.00- on the statement and total due being .00. However, the billing clerk took the liberty of trying to white-out the .00 but you can see it obviously on the back side of the page.

So first of all, it appears to me that the CA re-aged this debt. Second, the white-out job is very fishy and makes no sense. What do you think I have going on here and how should I proceed next?

[UnrulyJulie]

Anyone?....Anyone?

Bueller?....Bueller?

[DocPC]

I'll answer if you are hot...

If it does not bear your signature, it is not proper validation. Also I would point out that someone is trying to commit fraud by changing the document.

[UnrulyJulie]

I'll answer if you are hot... .

It's a good thing you answered, cause I am SUPER hot...

If it does not bear your signature, it is not proper validation. Also I would point out that someone is trying to commit fraud by changing the document.

Wow, as simple as no sig, huh? I'd like to point out as many factors as possible. What about the reaging?

So then, since the hospital actually responded with this bill, do I respond to them or the CA pointing out that:

1. There is no signature bearing validation.

2. There is white out over an item that appears to notate the balance is actually zero on this account.

3. The CA is illegally reaging the debt on my credit report which violates (insert law and penalty here)

And then would I:

1. Write coinciding letter of this information to the CRA, especially since the CRA claims to have verified this info.

2. Write the CRA a MOV letter as well? Or just demand that they removed it based on the above information?

I am really, really hot. Please feel free to continue answering.

[UnrulyJulie]

This account is so blatantly reaged. Now after reading more about it I say I'm entitled to $1000 for violation of FCRA Section 605 © Running of the reporting period. I don't know if need to even mention the other factors!!!

[DocPC]

SWEEEEEEEEEEEEEEEEEEEEEEEEEEET!!!!!!!!!!!!!!!!!!!!!! I LOVE the hot ones!

At this point I would make a bit more of a paper trail by pointing out the re-aging and the whiting out of the 0 balance. If this was from the OC, make them aware that you are an informed consumer by pointing these items out.

I doubt a Judge would like to see altered documents such as that.

[UnrulyJulie]

Whatcha think about this inital draft to the CA? Anyone? Anyone?

December 1, 2004

Absolute Collection Services

421 Fayetteville Street Mall, Suite 600

Raleigh, NC 27601

Re: Account #A1716XXXX, UnrulyJulie

Holy Cross Hospital

To Whom It May Concern:

This letter is being sent to you following a debt validation letter that was received by your office on 11/22/04 regarding the above referenced collection account listed on my Experian and TransUnion credit reports. On 12/1/04, I received a billing statement from Holy Cross Hospital (copies enclosed), in an attempt to validate the disputed debt of $50. I do not accept this statement as proof that I owe any debt to you or Holy Cross Hospital for the following reasons:

1. The document does not bear my signature or any proof of my acknowledgment of this debt.

2. The document appears to be altered in order to commit fraud by attempting to conceal a non-existent balance.

Furthermore, the date of service listed on the billing statement prepared by Holy Cross Hospital is February 20, 2001. According to the dated listings reported by your company on my Experian and TransUnion reports (copies included) as the debt being opened in January, 2003 puts you in direct violation of FCRA Section 605 and carries a $1,000 penalty:

c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

At this time I am demanding that you delete the invalidated and ILLEGALLY entered information to my Experian or TransUnion reports IMMEDIATELY as these actions by your company and Holy Cross Hospital have constituted fraud under both Federal and State Laws. Due to this fact, if you do not comply and negative marks continue to remain on any of my credit reports by your company or Holy Cross Hospital, I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

If your offices fail to respond to this demand within 5 days from the date of your receipt, I will prosecute your company immediately as well as seek monetary damages of which I am clearly entitled in this case under the FCRA.

Sincerely,

UnrulyJulie

[DocPC]

Very nice, but I would give 10 days. Looks better on your part in case it gets to a Judge.

[retmar]

Toss out the reference to which CRA's it is reported to. Since you only listed two, what's to stop them from reporting to the 3rd until this is resolved. End the sentence at "collection account". As to the other reference to the two CRA's, just delete the names.

Also, call your insurance carrier and ask them to send you a copy of the EOB for that service. The EOB will show the date of service along with your repsonsibility. Most carriers list the old EOB's by date of service under the patients name. Do not send this to the collector unless you need it later.

Your intent is to cause them to delete and go away without collecting any money due to their reaging, and to avoid litigation. But, if they pursue after receipt of your letter, you will then send them a copy of the EOB along with the offer of paying the original amount only IF they agree, in writing, to delete all negative information from your CR's.

[UnrulyJulie]

Thanks for your suggestions. I actually wondered about mentioning the CRA's myself... I also wonder if I should add that I will also report them to the AG, BBB, and whatever other appropriate agencies?

This is a debt that EX validated in September and TU is currently investigating. Should I even bother with an MOV letter, or just send them a copy of my evidence thus far and ask again that it is deleted?

I'm really feeling empowered here

[UnrulyJulie]

My letter to the OC:

December 3, 2004

Holy Cross Hospital

4725 North Federal Highway

Fort Lauderdale, FL 33308

Attn: Accounts Receivable Dept.

Re: Billing Statement, patient number XXXX

To Whom It May Concern:

This letter is being sent to you following receipt of your billing statement on 12/1/04 as an attempt to validate a debt listed on my credit reports by Absolute Collection Services. As I have outlined in my letter to this collection agency, I do not accept this statement as proof that I owe any debt to you based on the following reasons:

1. The document does not bear my signature or any proof of my acknowledgment of this debt.

2. The insurance carrier on file is one I do not recognize, as I have never held a policy with that health care provider.

2. The document is altered seemingly to commit fraud by using white-out to conceal a “.00” balance.

Furthermore, and more urgently, the date of service listed on the billing statement prepared by you is February 20, 2001. According to the listings reported by Absolute Collection Services on my credit reports, you and/or they have re-aged the debt as being opened in January, 2003 which puts you and/or them in direct violation of FCRA Section 605 and carries a $1,000 penalty:

c) Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

At this time I am demanding that Holy Cross Hospital cease and desist on collection of the account and delete the invalidated and ILLEGALLY entered information to all of my credit reports IMMEDIATELY, as these actions have constituted fraud under both Federal and State Laws. Due to this fact, if you and/or Absolute Collection Services do not comply and negative marks continue to remain on any of my credit reports, I will not hesitate in bringing legal action against you for the following:

• Violation of the Fair Credit Reporting Act

• Violation of the Fair Debt Collection Practices Act

• Defamation of Character

If Holy Cross and/or Absolute Collection Services fail to respond to this demand within 10 days from the date of your receipt, I will prosecute immediately as well as seek monetary damages of which I am clearly entitled in this case under the FCRA. I will also report you to the appropriate consumer agencies including but not limited to the Attorney General’s office, the Better Business Bureau, the FTC, and the ACA.

Sincerely,

UnrulyJulie

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I have decided not to write to the CRA's just yet, I'll wait and see if they'll delete and go away. I hope this letter is okay, because it and the one to the CA is going out CMRRR today.

And you know what, screw the CA. I was going to provide copies of the hospital statement and credit report items, but I'll let them take my word for it since they made they are the scumballs who should have known better.