grephead Posted February 9, 2005 Report Share Posted February 9, 2005 My wife received a letter from an Attorney acting as a collection agency.The amount shown on the collection letter is more than the last statement she received.She sent a letter requesting validation of the debt. The CA sent a letter back with the same amount as before and a copy of a bill, this bill is not the latest one showing a credit to the account.Since the CA has validated with the wrong amount, does that make the claim invalid? What do I do now? Please help!EDIT: As far as I know this has not shown up on my wifes credit reports yet. Link to comment Share on other sites More sharing options...
DocDon Posted February 9, 2005 Report Share Posted February 9, 2005 Sounds like the CA didn't get the information from the OC like they were supposed to after you requested DV. Link to comment Share on other sites More sharing options...
grephead Posted February 9, 2005 Author Report Share Posted February 9, 2005 So does that mean that now we send an Intent to Sue letter, stating that they did not verify the debt with the OC? I really do not want to screw this up.We have a potential for medical malpractice, which is why the bill was not paid, but rather than go through the stress of taking that case to court, we would rather just have this debt and the CA go away. Link to comment Share on other sites More sharing options...
DocDon Posted February 9, 2005 Report Share Posted February 9, 2005 I'm sorry, I took "this bill is not the latest one showing a credit to the account" as meaning there were payments made.The debt and the CA will not "just go away". If this is a possible case of malpractice, I'd suggest consulting an attorney.Do not send an ITS unless you plan to follow through on it. Link to comment Share on other sites More sharing options...
grephead Posted February 9, 2005 Author Report Share Posted February 9, 2005 The date on the bill from the CA is about 2 months before the last statement received from the OC. There was a credit applied to the account 1 month after the date on the bill sent to us from the CA. We are consulting an attorney on the malpractice, however, I was kind of hoping we could catch this in a technicallity on collecting the debt. Link to comment Share on other sites More sharing options...
DocDon Posted February 9, 2005 Report Share Posted February 9, 2005 You can certainly respond to the CA with the Wollman letter which explains what is considered proper validation. You can also add that further collection activity will be considered a violation of the FDCPA, and as such, you will investigate your rights to civil relief, and will file formal complaints with the appropriate government agencies. I would not, however, threaten a lawsuit at this point. Link to comment Share on other sites More sharing options...
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