Need Advice/Help... CA sent letter to my WORKPLACE

[Valkyrine]

This is a medical collection from CA X that has been dogging me since Feb. 2001 (date of medical service).

I'm pretty sure the SOL is up as of this month (not sure what day). The SOL is 4 years for everything in Cali, so I assume I am correct.

2 days ago I received a letter at my home addy demanding payment; mini miranda included, as well as advising me of my right to request validation.

Today, I got another letter at work. This letter accuses me of ignoring them, which couldnt be further from the truth; in May 2002, I sent them a fax (per their request) offering to pay the entire amount they wanted at the time in exchange for deletion.

The letter also threatens "legal action" against me, which is stupid since the SOL is up.

So... I think I should probably DV them, include in the letter a limited c&d (only by mail and only at my home address)... and see what happens.

Any thoughts?? Suggestions??

I'm pretty miffed and discouraged.

Thanks.

Val

**edited to remove CA name**

[sxxx]

I'm not an expert like some people on this board, but I know for a fact that is a BIGGG Violation, to send information to your job

Somebody please give her some law!!!

[Valkyrine]

It was addressed to me, c/o my employer.

[reno2360]

Some stupid attorney did that to me to try to intimidate me.

Was this letter marked personal and confidential? Was it opened by a mailroom employee who then had to read it in order to sort the mail? It was right........ therefore a third party now knows about this debt.. violation.

Violations galore. Use that as leverage to get them to delete from your report as in California you are correct, the SOL is 4 years and that would be your defense if they should try to sue you, countersue them. If it is a medical bill the balance is probably small, or at least smaller than the $1000.00 per violation.

[divemedic]

also violation for threatening to take action which can't be taken.

[Valkyrine]

It was marked personal and confidential. I was questioned about getting mail at work however; I work in a small, family run business (not my family) and everyone was quite interested in my mail.

Nice little bit of humiliation.

I have an open dispute with Experian re: this company; as soon as I get the results, I plan to DV.

[retmar]

First off, Stop!

What is the "reported since" date on your EX? What is the "date of 1st delinquency on your EQ? The SOL will be from that date. If it is 2/01, then the SOL will pass on the day of the month, which you can get by calling your insurance carrier and ask for a duplicate EOB. If the date has past, you have them by the ?? & ??'s.

Go to the "Credit Repair" section on this site. Click on our "Sticky" titled "The Law in Calif". Read, read, and read some more.

You also must know that in the State of California, it is illegal to even attempt collection of a timebarred debt. The OC is liable for the actions of their assignee. Be sure and read the California Civil Code, which should be noted in the sticky. If not, it is found in CCC 1788. Also, do you have a copy of the first communication from the CA? Or any others? what you are looking for is if any of the letters have the verbiage that they are reporting it to the CRA's. If not, you have them on another. CCC 1785.26 clearly states that a consumer must be notified, in writing, within 30 days before or after negative information is reported. You can sue under the state laws which are for more money. After you have more of this info for us, let us know and we will go from there.

Be sure and include in each and every written communication from this day forward that you retain all rights under HIPAA. This is not a "for sure" comment. I did it on mine just to protect myself, if necessary. I have no proof it will work.

Lastly, if you find proof the debt is timebarred, let us know and we will help you prepare the C&D to send them to the "Goodbye" pile, where all good "ADUB's" go.

[Valkyrine]

<<stopping>>

Ok....

What is the "reported since" date on your EX? What is the "date of 1st delinquency on your EQ? The SOL will be from that date. If it is 2/01, then the SOL will pass on the day of the month, which you can get by calling your insurance carrier and ask for a duplicate EOB. If the date has past, you have them by the ?? & ??'s.

1. "reported since" date on EX: October 2002

2. Not listed at all on EQ.

3. No insurance.

Also, do you have a copy of the first communication from the CA? Or any others? what you are looking for is if any of the letters have the verbiage that they are reporting it to the CRA's. If not, you have them on another. CCC 1785.26 clearly states that a consumer must be notified, in writing, within 30 days before or after negative information is reported. You can sue under the state laws which are for more money. After you have more of this info for us, let us know and we will go from there.

1. Yes... I have the first letter I received from them, in 2002. (I am worried because in May of that year, I faxed them a payment offer (see original post). They never responded... can that be held against me? Or will it help me in the long run?)

2. I dont have the letter in front of me; it does say something vague about reporting adverse info on my CRs. Does not specify which ones, of course. It just popped up today on TU. When I get the letter in front of me, I will clarify.

Lastly, if you find proof the debt is timebarred, let us know and we will help you prepare the C&D to send them to the "Goodbye" pile, where all good "ADUB's" go.

I was thinking to call the hospital and see if they have the record of the date of the "visit." I know it was Feb. 2001 for sure... jsut not sure of the day. I must be wrong about the SOL... it starts with the 1st delinquincy?? I'm not sure what that is.

Go to the "Credit REpair" section on this site. Click on our "Sticky" titled "The Law in Calif". Read, read, and read some more.

I have no clue how the heck I missed that one.... thanks for pointing it out.

I really appreciate your response retmar ... I would have mailed this Monday AM.

I will re-post when I have better info... I'm away from home this weekend.

Thank you Thank you

Val

[retmar]

If they just now reported to TU, then watch for a letter. They must notify you as required, if it is the first time.

The date of first delinquency represents the date the last payment was made. Or, if a Medical, it could be that or the date of service. That is when you start the SOL clock, not the reporting clock.

Since there is no insurance involved, you are liable for the whole bill. But, if it is past the SOL, all you will have to do is send them a full C&D reminding them they have no legal recourse to the debt. That it is illegal in the State of California to even attempt collection of a timebarred debt. Therefore, any further activity will result in your suing them. Plus, since they did attempt collection, they must close, delete, and go eat Maggot Droppings or you will sue. As a last resort to cause them to delete the TL is you will offer them $.10 on the dollar for a complete deletion, and a promise they will not sell, transfer, or reassign to anyone. Let us know what is going on before you send the letter.

By the way, if they had your current address and still sent letter to your employer is a no-no. The only time they can do that is if they do not have your current address. This is another Ace in your pocket.

[Valkyrine]

I've been reading the LAW IN CALI Sticky... all I can say is holy $&!@ and I'm only up to page 3.

This open a whole new realm of possibilites for me in my credit repair process.

By the way, if they had your current address and still sent letter to your employeris a no-no. The only time they can do that is if they do not have your current address. This is another Ace in your pocket.

They do have my current address... they just sent a letter to that address a few days before this letter to my job.

Retmar, perhaps, when I am better prepared and have my dates in order, you proof my letter to them?? I am also considering sending one to the BBB (as seen in LAW IN CALI sticky). Maybe even the Cali AG.

Thanks again. Much appreciated.

Val

**edited: someday i'll learn to spell**

[retmar]

That is what I wanted to hear. You have them by the ?? & ??. That is an easy proof of harassment along with a good argument for 3rd party sharing.

As you read, be sure and click in the second post on the first page. This takes you to the California Department of Consumer Affiars Summary of the FDCPA. This is how the State of California interprets the FDCPA. Scroll to Page 9, then read Article 2.6. This is the reference that shows the violation for FDCPA 807(2)(A), which corresponds with CCC 1788.17. As to the OC's liability under the FDCPA, it is somewhere in the first 6 pages, if I remember right.

[Valkyrine]

The actual date of service was in Feb. 2000.... not 2001.

Is it safe to assume that the SOL is definitely past??

Val

[retmar]

If the date of service was in 2/2000, no payments or any actions were made after that date, then yes, the debt is timebarred. Still keep reading.

[Valkyrine]

Ok...

Got my dispute results today from EX re: this CA: deleted!!

Still no letter from CA X about inserting it on TU.

However... in 2002, I had this CA deleted from TU. I still have the original report showing the entry as well as the letter informing me that it had been deleted. However, NOW it is simply listed as MEDICAL as opposed to the CA name, and the account number has been altered (it containd part of the name of the OC).

It was re-inserted on on Feb 20. If I do not receive the re-insertion notice, can I have it deleted on that basis even tho the entry has been altered?

I have read... and read.... and then I read a little more. I feel empowered by my new knowledge, and at the same time at a complete loss as to what to do about nailing this CA. I know they are in violation. Should I send a letter??

What I really want to do is go to their office and scream at them, lol.

What next??

Val

[Valkyrine]

bump

[Valkyrine]

I understand from my reading that sending a letter to my workplace could be considered as "unusual" to say the least... my question is this: it was marked:

personal and confidential

Valkyrine

Valkyrine's Work

not "c/o Val's work"... will third party notification still fly??

I have them on:

1. Threating an action that cannot be taken;

2. Third party notification; and

3. Harassment.

I need help with that C&D letter, please... this is my first letter of this type.

I also have a question about dusputing with TU.. as mentioned in previous post, TU deleted this entry in 2002. Now it pops up as MED and with a different account number; however, the dates and amounts match. Can I have it deleted on the "failure to notify of reinsertion" loophole?? Is it worth it to try either way?

Any help will be appreciated.

Thanks.

Val

[ghacorp]

CA has some interesting laws that should be followed by other states IMO. Debt collectors are becoming more ingenious about getting peoples attention and sending confidential letters to an office address is one way and it's legal. If a payment offer was made it is quite possible the SOL was reset. Be sure to check on that. If out of SOL simply send a C&D letter. In virtually all states dunning can go on indefinately, however most creditors eventually give up when they understand you've made it clear you are not ever going to pay.

[Valkyrine]

Just got my response form the FTC re: this CA.

I knew they wouldn't do anything, but I thought I'd get more of a response than a summation of the laws.

Oh well... at least when I send my C&D I can honestly mention that I have made a complaint against them to the FTC.

[tomigrl85]

my husband worked for ford dealership and we had 2 loans through ford. we had filed chap 13 then cancelled it. in meantime we became very delinquent on loans. ford was talking to employer about delinquencies. hubby's mgr came to him and told him that they had caught up payments for him and would just make deductions from his check to catch up amt. he never signed anything. several payments were taken out of his check before he left to go to another ford dealership for more pay. prev emp never gave him his last check. we did not really have $$ at time to pay but told them we would attempt to pay them soon but would like last pay stub to show where they had applied check to debt and statement of all payments and amt owed. did not send us any info. sent letter addressed to new employer for bill showing more than orig amt. prev mgr called owner of new co and new mgr and talked to both of them about debt, that he had done a poor job for them and they were going to repossess his truck if they were not pd.

talked to a friend last wk that said she ran into the wife of employee of old employer at wal-mart and she was telling her how my husband was fired for stealing from the company, another friend told me she had been told we owed them money. this week another letter came addressed to employer. i am outraged, my husband was hired to take over as a manager of his new job but after 1st letter surfaced was mysteriously passed over for job and now feels like his reputation is ruined in car business. i sure i need to talk to an attorney, just want to make sure it will really be worth our while to pursue. any suggestions would be appreciated. did we mess up by not telling them to back off at 1st, my husband didn't know what they were doing wasn't legal and just took it.

[Corrine]

tomi, this doesn't have anything to do with your credit (other than making sure the money deducted actually went toward the payments owed). Other than that, the situation deals with employment law. Employers may not deduct any money from an employees paycheck, without consent in writing, for anything other than taxes and court ordered payments. On that issue they broke the law. As for the rumors and mysterious job situation.... You would need to prove his employer is responsible for disclosing the false information. That's nearly impossible. Rumors are rumors and unless his current employer is willing to testify about false, not private, information they were given then no laws were broken.

The only violation I can see is the deductions. But be prepared, if you take them up on it his ex-employer *might* return the funds. And no doubt they will try to recover the losses either by suing DH (and they will be able to prove they were making car payments on your behalf if that is what they were doing) or taking the funds back from Ford Financing company meaning you will risk repo by them. You should probably see an employment law attorney.

[tomigrl85]

i may have posted this in wrong spot. i was reading items about fair debt collection issues when i posted. sry am new to site. my point was they are disclosing private information to third parties. i have the bills in the envelopes addressed to his new employer(not him). and i doubt that his mgr would lie under oath about them calling him & discussing the matter with him.

[Corrine]

i may have posted this in wrong spot. i was reading items about fair debt collection issues when i posted. sry am new to site. my point was they are disclosing private information to third parties. i have the bills in the envelopes addressed to his new employer(not him). and i doubt that his mgr would lie under oath about them calling him & discussing the matter with him.

There is a difference between disclosing false information and private information. False information is illegal whereas private information disclosure is not. So long as the information is factual they are not breaking the law.

Now if ex-employer is telling current employer that DH had money issues (although it's private and you may feel irrelevant) they do have the legal right to do so. But if ex-employer is saying DH was fired when he actually left of his own accord (and be carefully, the words "Termination of employment" only mean that the employee/employer relationship ended, not the mode of how it ended) then that is illegal. If they say he stole company funds when he didn't, that too is illegal. But in any event.... all these statements must come directly from ex-employer to current and they must be factually incorrect, not private.

[retmar]

As to the TL now reading "Medical", it is due to the HIPAA law that went into effect. If the name of the provider is mentioned, it is a violation, as I understand it. An example is if the provider was listed as "Oncologist", anyone could see you are suffering from the big "C". Therefore, the TL must be noted as "Medical" only.

As to your situation, I can only assume the CA did this on purpose as a way to cause you to pay. Since HIPAA went into effect, all CA's became liable only for accounts received after inactment. But, those received before, only applied to the provider. Therefore, the CA, knowing the original TL was deleted, has now reported using the new requirements to skirt the pre-existing law of reinsertion. Also, by doing this, it may make it harder for you to get it deleted because the name is different, and, maybe, the account number.

What I would do is create a letter to the CRA's disputing this as a reinsertion. You would show the exact relationship to the original, such as, DOLA, amount, or any other matching info.

[tomigrl85]

just to clarify, and so i make sure i am understanding correctly. this really had nothing to do w/ empoyment. current employer did not request any info from prev emp. they sent letters and called in an attempt to collect a debt and i thought that was illegal to discuss that information with anyone else. are you saying because the alleged creditor is a previous employer they are not affected by the same laws. (conversation w/ mgr went something like this "hey your employee owes us money what r u going to do about it, how's he gonna get to work when we reposses his truck, oh and by the way he sucked as a mgr.) i am not trying to be difficult, but surely this can't be legal.