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beju_moon
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I sent MDS a req for Validation in the begning of November and never received anything from them. They did verify the debt with all 3 CRAs. So in the beginging of December I req Valladtion from MDS again and I redispute with the CRAs, and again the debt is verfied....Anyways, I just get a letter from MDS, and its a print out with some hand written comments about pymt arrangments I made with the hospital. But its a printout on blank paper that just list the amt I owe no agreement that states the hosptial gave MDS rights to collect on their behalf. My signature is nowhere to be found. Im so pissed right now! Oh and on the front page of this bull sh*t someone wrote that they contacted the hospital and requested all my records and when they recieve them, they will send them to me!?!?

Since this was my second attempt at validation, and they dont seem to be backing down, what do I do next? I really want to let them have it!!!!!! xcanex

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I found this letter on another site, do you think something like it would be ok to send?

CA name & address - attn: legal dept

Re.: Settlement deadline: July 14, 2003, 5:00 p.m. EDT

Account #XXXXX

Dear Mr. Sun:

On June 19th, 2003 you received my credit reporting dispute and validation request. You failed to respond with sufficient evidence that this alleged debt is mine. Your office received a second request for validation on June 30, 2003 citing various FDCPA & FCRA violations that your company is now responsible for. Please be advised that your failure to respond with proper validation and failure to provide notice of my dispute to the credit bureaus is in violation of the FDCPA:

Excerpt from the Cass (12-23-97) FTC Opinion letter at http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

" Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e( to inform the consumer reporting agency of the dispute.."

You also violated the FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

"(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. "

I am hereby offering to settle your FCRA and FDCPA violations prior to legal action with the following terms:

1) You delete this account from all my credit reports and fax evidence of your bureau notifications to me at (XXX) XXX-XXXX

2) You agree to close this account and not to sell it to any other collectors.

3) You arrange for payment of $1000 for my damages.

Please respond via fax to (XXX) XXX-XXXX by 5:00 p.m. EDT, Monday, July 14, 2003.

Sincerely,

My full legal name

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I had 3 accounts with medical data systems on my CR's. I sent a validation letter in Oct. and again in Nov. I have gotten no response at all. They did verify the info. when I disputed it with the CRA the first time, but I've had luck getting all but one deleted. Something I've noticed with mine is that they change their address. They have offices in several locations. I sent the DV letters to the address on my CR which was in FL. The one listing still on my CR was deleted, but reinserted with a different company address( was FL now MS) So watch out for them. I don't have a whole lot of advice to offer, because I can't get any response from them. But, keep disputing with the CRA's and send your DV letters and follow up and you should be able to get them deleted.

Good Luck!!

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Thanx for the response. I guess Im lost on what type of letter to send MDS. Do I keep requesting Validation or do I send an ITS unless they remove the listings from my credit reports OR do I just send the CRAs a letter telling them they are in violation of FCRA regs for continuely listing MDS when they have not validated the debt? :fart:

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This is what I have drafted so far, I borrowed it from a couple of diff letters. Im not sure if I should leave the $1000 part in, I feel like im extorting money, I just want them to know Im not F'ing around. Please I need someone to critique it beofre I send it off. Also, excuse my spelling and crappy grammar. XhelpX

Dear Medical Data Systems Inc:

On November 5, 2004 you received my request for validation pursuant of the FDCPA, which you disregarded and never responded to. Your office received a second request for validation on December 11, 2004 citing various FDCPA & FCRA violations that your company is now responsible for.

In response to my second request, I have received your attempt of validation of the above mentioned accounts. I have several issues to address with your “claim” that I owe this ALLEGED debt to your company. First, you have not, by any means, managed to prove to me that I owe this alleged debt to YOUR organization. You have not provided me with a signature that undoubtedly proves that I have some sort of contractual obligation to pay YOU (OR provided me with a complete statement of accounting as required by law to be considered full and complete validation).

Second, you have also not sufficiently proven to me that I owe this alleged debt to (name of hospital). You have merely supplied me with a typed out statement from YOUR company’s computer system summarizing an alleged bill on the account in question. This does not sufficiently prove that there is any legal, contractual obligation between myself, your agency or the creditor. I DO NOT have any contractual obligation to pay YOU as you have failed to provide ANY proof of that. A copy of an alleged bill is simply not enough satisfactory proof that I, personally, incurred this alleged debt.

Please be advised that your failure to respond with proper validation and failure to provide notice of my dispute to the credit bureaus is in violation of the FDCPA:

Excerpt from the Cass (12-23-97) FTC Opinion letter at http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

" Of course, if a dispute is received after a debt has been reported to a consumer reporting agency, the debt collector is obligated by Section 1692e( to inform the consumer reporting agency of the dispute.."

You also violated the FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]

"(3) Duty to provide notice of dispute. If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer."

I am hereby offering to settle your FCRA and FDCPA violations prior to legal action with the following terms:

1) You delete this account from all my credit reports and fax evidence of your bureau notifications to me at (XXX) XXX-XXXX

2) You agree to close this account and not to sell it to any other collectors.

3) You arrange for payment of $1000 for my damages.

Please respond via fax to (XXX) XXX-XXXX by 5:00 p.m. CST, Thursday, December 30, 2004

Sincerely,

My full legal name

c: via fax to FTC at 202-326-2012

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Someone Please answer me /begs..... I just got another package from MDS and in it is a printout from the Hospital listing the services I owe them for. Only way I can tell its from the hospital is I can see that it was faxed from there on top of documents. Anyways, its a printout of dates I recieved services and the bal of services I owe, my SIGNATURE is nowhere, the contract between me and the hospital is nowhere. On the last page one of the balances I owe has "managed care payment" highlighted next to it. Is this proper validation pursunat of the FDCPA. I'm saying no, but I want a second opinion. :-00

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If there is a notation of "managed care payment" what are they billing you for? Co-payments???? or what?

The whole concept of "managed care" is that the patient has either no responsibility contractually or only has very specified co-payments.

Contact your insurance company regarding obtaining the explanation of benefits regarding these payments (they should have sent one to you explaining if you owed anything) get a copy and you will have the amount - if any - that you owed for these services. If it is a managed care payment then the hospital is a contracted provider probably can't bill you, but you need to contact your insurance company.

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Does it matter, because regardless what they sent me, it isnt Validation, right?I would think any contract that Im obligated for needs to have my signature, so if they didnt send me a copy of my signature, how have they proven its my debt? So they are violating FDCPA for continuely listing the items on my CRs and they also never listed them as "disputed". This is the first time Ive run into this, so Im wondering if Im right?

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Medical insurance is so much work these days for the patient.

First of all if you are with a managed care policy I am assuming the hospital that treated you was contracted with them. Therefore there are very cut and dried co-pays that the hospital can bill you for. If you can establish through your insurance company that the hospital cannot legally bill for these charges, you can contact the hospital and remind them of this. Demand that THEY contact the CA and instruct the CA to discontinue collection activity including removing any info from your credit report.

Also, if this is the case there is always a liason with the insurance company who WILL contact this hospital and remind them that they are not living up to their end of the contract. Insurance companies DO NOT look favorably upon contracted providers who do not follow terms of their contract and have been known to discontinue these contracts thereby reducing the providers business, bottom line.

I have had to do this twice. This way you can bypass dealing with a CA who does NOT care if this account should have been assigned to them or not. You have to make a few phone calls to your insurance but it is worth it - atleast obtain copies of the EOB's to compare with the itemization you recieved.

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"managed care" is only listed by one pf the five accounts on my CRs. And Im pretty sure I didnt have insurance for any of the visits Im being billed for. I'm wondering what is considered proper validation pursuant of the FDCPA. Since I was provided a printout of the accounts in question by hospital ( its a computer generated print out, only way I can tell its from the hospital is the fax number on top) is that considered proper validation OR does a copy of my signed signature need to be provided too ? I would think so, it sounds like basic contractual law, BUT Im wanting a second opinion incase Im getting ahead of myself. I did read the FDCPA but my question is, since I was provided with the prinout from the hospital is that enough to be considered validation?

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The FTC Wollman letter ( it is linked in Kristy's DV page) says you have to give more than spit-outs.

I would say they are violating teh FDCPA and the FCRA for reporting this when they know it is disputed and have reason to know it is inaccurate.

I mght take out the demand for $1000.00. I find that aggravating and argumentative. Send your letter, and if they do not at the very least change the CR to "disute", get ready to sue them. You don't have to tell them what you are suing for, just that they have failed to verify as required, and they have continued to collect without verifying, and you intend to hold them liable for the statutory damages as well as your anguish and FICO damage.

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