What the heck is this??? Help on DV response PLEASE!!!

[IngridA]

Well, apparently the CA must of have gotten my DV letter because I received a response BUT:

There are a number of problems:

1) These are medical collections, one for my husband in the amount of $124.01 for one visit, and two for me for $50 for two visits (total $100). We were each sent a separate statement for those amounts and I sent two separate DV letters, one in his name and one in mine.

Well, the Validation response is sent to me only, with the amount of $124.01 and one of the $50 visits, but not the other. I have not received any other notification yet for my husband's name, BUT they are listing the $124.01 on HIS credit report and have VERIFIED this with the CRAs - there is no listing yet on my credit report yet. NO WHERE in their DV response do they mention my husband's name.

I need help to figure out what my next step is. Their validation response was basically a repeat of the original collection notice - name of OC, account number with OC and amount owed. Nothing else was given out of what I asked for, which came straight from the sample DV letter. Is there anything I can sue over this or demand a deletion? Should I bother to go to the OC to get a complete payment history?

Thanks for the help!

[Recovering Attorney]

It really depends what you want to do. It doesn't appear to me you have much of a case as there is little or no case law on what constitutes adequate verification. And the amount is so small, you might spend more trying to cobble together an FDCPA claim.

I might approach the OC ( in writing, of course), give them a song and a dance, tell them iti s apparent they and/or their CA has these two accounts messed up, ask them to call teh CA off and have the CA remove it form yor husband's credit report. If it is a hospital, offer a donation to the hospital foundation. If a practitioner, offer a donation in his name to the American Heart Association. Even a token amount might work to gain goodwill.

[IngridA]

Thanks for the reply, Recovering.

See, the problem is that the original collection letter for $124.01 was sent to my husband in my husband's name. The other two amounts for $50 were sent to me in my name. I DV'd them using separate letters and now the DV response is saying that the $124.01 is mine, but yet they are reporting in on his credit report.

What I was thinking of doing is writing back to say that they are violating the FCRA par. 623 because of inaccurate reporting and that I am willing to settle for the full balance for deletion of the account with no reinsertion.

Ingrid

[Recovering Attorney]

That surely is one way of doing it, but I doubt the CA will agree to delete - it is work for them- which is why I suggested you go ot the OC and try to get them to prevail. Among the arguments you can make is how the CA has mucked this up, and it reflects badly on the OC.

[IngridA]

Ok, I'm confused....

If CA feels that the $124.01 is mine, and yet they are reporting it on my husband's credit report, then why shouldn't they be obligated to delete it? This is not a joint account, although the health insurance was in my name, but I don't believe I was listed as guarantor for any of our hospital visits.

I'll try and call the hospital and see if they still have our records on file, but I believe that they actually sell the accounts to the collection agencies. I'll call only out of the need for time, and follow up with a letter to get everything in writing.

[Recovering Attorney]

You can't convince a minimum wage worker at a CA to see things your way. That is my point.