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NCO/Medclear


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I sent NCO/ Medclear a DV letter and they didn't validate but they verified with the CRA's. I'm thinking of filling a complaint with the FTC but the debt isn't past SOL. Should I do it because I don't know if it's really mine or not. IT's a hospital bill and I can't remember if me or my family went to the hospital at that time.

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How long ago was the 1st DV? I would send an ITS with a copy of a draft of a complaint for a lawsuit for continued collection activity w/o providing validation if it has been over 35 days. Is it being reported as in dispute (consumer disputes) on your credit report? If not they have another violation. I hope you sent the 1st DV CMRRR and you saved the green card. Check around for some examples of ITS letters.

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NO! DV twice, or they can use the bonafide error defense. Don't be so quick to sue. DO this the wrong way and you will never be clear. DV again. When you get the green cards back, dispute with the CRA again. Then count the violations. With 2 DV's and reporting to all 3 CRA's twice with no dispute notice, you have the minimum (IMO) for a successful suit.

EDIT- Booger where do you get the 35 day stuff? Don't confuse the 30 days +5 for the CRA to investigate with anything having to do with the CA and validation.

I have said this before and I will say it again-----

THE CA IS UNDER NO TIME LIMIT TO PROVIDE VALIDATION TO YOU. ALL THEY HAVE TO DO WHEN THEY RECEIVE A DV IS NOTHING. That is, stop all collection efforts.

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If they haven't put that the TL is in dispute, they are in violation. 35 days is more than enough time to validate, especially if they verify with the CRA. An ITS is not the same as filing a lawsuit, it is a warning that if they don't address the issue they will be sitting on the defensive end of a lawsuit, if they are violating. Reporting to a CRA without a dispute notice is a violation when a consumer has sent a dispute/DV. An ITS will get them to validate or admit they can't validate faster, at least that has been my experience. Last year I had 6 TL's removed in less than 2 weeks with a DV (of course, this method works best if you are sure that the debt is NOT yours!) Only had to send 1 ITS...RMA, and they are about to get a nice gift from my lawyer, even though they also deleted after over 2 months of verifying BS to Equifax. I would try to find out if the debt could be mine, if it is not...I'd send them an ITS to make them move faster.

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Just remember, it is a common misconception that a CA has a time limit to validate. Whether or not you think 30 days is enough time, they do not have a time limit. All the law says is that they must cease collection efforts until they do. Re-reporting to the CRA without validation, whether 1 day or 100 days later is a violation, because reporting is continued collection effort.

I understand that an ITS or DV does work. So does the nutcase letter. You must remember that what you are doing with DV requests is building a case, a paper trail, in case you do have to sue. This will scare off many CA's, but some will not be scared off. Screaming about suits before you are ready can backfire, IMO. To a smart CA, sounding legally competant will be scarier than screaming about court. To a dumb CA, it doesn't matter what you say.

I agree that DV requests and ITS letters do work, they have worked for me, in fact. At the same time I have filed multiple suits and have yet to lose one, mostly because I am anal-retentive about making sure I have an airtight case. I am paranoid about being an amature taking on the "professional" attorneys.

Believe me, the first time you walk into a large lawfirm to meet with the opposing attorney(s), or into a courtroom, it is scary. You better make sure you know what you are doing.

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"I agree that DV requests and ITS letters do work, they have worked for me, in fact. At the same time I have filed multiple suits and have yet to lose one, mostly because I am anal-retentive about making sure I have an airtight case. I am paranoid about being an amature taking on the "professional" attorneys.

Believe me, the first time you walk into a large lawfirm to meet with the opposing attorney(s), or into a courtroom, it is scary. You better make sure you know what you are doing."

...and this is why I turned my RMA stuff over to a lawyer, I don't have the time or expertise that a lawyer would have, not to mention it keeps the CA from sneaking something into or out of a lawsuit. If the debt isn't the OP's then she/he should not worry about being aggressive...but if it is their debt, they should tread carefully!

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Well I really don't know if it is mine but I am scared that if i push the issue that they might sue me, thats if it is mine. I read on here that hospital and doctors add stuff on peoples credit reports just hoping that the person will pay. Like I said they did verify with the CRA. It could be mine but I don't know. Really all I want to find out is if it is mine. If so fine if not I want them to delete it. I don't want to pay for a hospital bill that isn't mine.

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