Silver1 Posted March 11, 2005 Report Share Posted March 11, 2005 I received a collections notice related to one of the last medical claims I'm hashing out right now. Although I have insurance there were some little things the doctor's office took payment for from my insurance, then went after me for the balance. Long story short: I pulled a collections notice out of the mail and although there isn't anything on the outside to lead one to believe it's a collection notice, when I opened it my first thought, upon reading the header, was that it was from a credit bureau and that they were informing me of a negative entry on my report. But in the next instant I knew it was a collections notice.It said "X Credit Bureau" on the letterhead and on the "mini-miranda" warning, it said that they might report my delinquency "...to other credit reporting agencies for failure to pay..."This sounds like they are saying they are a credit reporting agency and that they will provide the info they have to other credit reporting agencies if I don't pay. Does it sound like that? I thought it was illegal for collection agencies to say that they were a credit reporting bureau or even that they are part of a credit reporting bureau.Can I go after them for this immediately? Maybe I can resolve my medical bill in the process. Link to comment Share on other sites More sharing options...
Silver1 Posted March 11, 2005 Author Report Share Posted March 11, 2005 I received a collections notice related to one of the last medical claims I'm hashing out right now. Although I have insurance there were some little things the doctor's office took payment for from my insurance, then went after me for the balance. Long story short: I pulled a collections notice out of the mail and although there isn't anything on the outside to lead one to believe it's a collection notice, when I opened it my first thought, upon reading the header, was that it was from a credit bureau and that they were informing me of a negative entry on my report. But in the next instant I knew it was a collections notice.It said "X Credit Bureau" on the letterhead and on the "mini-miranda" warning, it said that they might report my delinquency "...to other credit reporting agencies for failure to pay..."This sounds like they are saying they are a credit reporting agency and that they will provide the info they have to other credit reporting agencies if I don't pay. Does it sound like that? I thought it was illegal for collection agencies to say that they were a credit reporting bureau or even that they are part of a credit reporting bureau.Can I go after them for this immediately? Maybe I can resolve my medical bill in the process. Link to comment Share on other sites More sharing options...
divemedic Posted March 11, 2005 Report Share Posted March 11, 2005 I would just chalk it up as one more violation later.Listen people (not just you, quite a few do this): Don't go running off to the courthouse everytime you see a violation. This takes time and patience. Link to comment Share on other sites More sharing options...
divemedic Posted March 11, 2005 Report Share Posted March 11, 2005 I would just chalk it up as one more violation later.Listen people (not just you, quite a few do this): Don't go running off to the courthouse everytime you see a violation. This takes time and patience. Link to comment Share on other sites More sharing options...
DocDon Posted March 11, 2005 Report Share Posted March 11, 2005 It's o.k. to say the name - it will help to track down the company and any previous violations they may have. Who is "X Credit Bureau"? Link to comment Share on other sites More sharing options...
DocDon Posted March 11, 2005 Report Share Posted March 11, 2005 It's o.k. to say the name - it will help to track down the company and any previous violations they may have. Who is "X Credit Bureau"? Link to comment Share on other sites More sharing options...
Silver1 Posted March 11, 2005 Author Report Share Posted March 11, 2005 Hello Doc,"Merchants Credit Bureau" is who this collection agency says they are. Silver Link to comment Share on other sites More sharing options...
Silver1 Posted March 11, 2005 Author Report Share Posted March 11, 2005 Hello Doc,"Merchants Credit Bureau" is who this collection agency says they are. Silver Link to comment Share on other sites More sharing options...
divemedic Posted March 11, 2005 Report Share Posted March 11, 2005 OOOOH, I am familiar with them!!!!It wouldn't actually be named Merchant's Credit and Collection Bureau, would it? Link to comment Share on other sites More sharing options...
divemedic Posted March 11, 2005 Report Share Posted March 11, 2005 OOOOH, I am familiar with them!!!!It wouldn't actually be named Merchant's Credit and Collection Bureau, would it? Link to comment Share on other sites More sharing options...
CreditDiva Posted March 12, 2005 Report Share Posted March 12, 2005 I DV'd this CA, and am now getting calls, plus will be reporting you to other credit reporting agencies..blah ..blah...On my first DV, I included a C&D paragraph, and have not received any copies of documents I requested just phone calls...I looked this company up, and think that they are an internal collections for a Rochester Phone company.They validated debt with the CRA,without validating with me, so I think I have them on at least 3 violations..so Doc are you saying to wait before filing ITS? Link to comment Share on other sites More sharing options...
CreditDiva Posted March 12, 2005 Report Share Posted March 12, 2005 I DV'd this CA, and am now getting calls, plus will be reporting you to other credit reporting agencies..blah ..blah...On my first DV, I included a C&D paragraph, and have not received any copies of documents I requested just phone calls...I looked this company up, and think that they are an internal collections for a Rochester Phone company.They validated debt with the CRA,without validating with me, so I think I have them on at least 3 violations..so Doc are you saying to wait before filing ITS? Link to comment Share on other sites More sharing options...
Methuss Posted March 12, 2005 Report Share Posted March 12, 2005 Oooo. Dummies.If an original creditor uses a name that would lead someone to believe a 3rd party is attempting to collect, they loose their exemptions from the FDCPA and are legally defined as a collection agent under the FDCPA's definition.By using a name suggesting they are a credit reporting agency they have simultaneously lost their exemption and violated the provisions in the law prohibiting them from claiming to be associated to a CRA. Link to comment Share on other sites More sharing options...
Methuss Posted March 12, 2005 Report Share Posted March 12, 2005 Oooo. Dummies.If an original creditor uses a name that would lead someone to believe a 3rd party is attempting to collect, they loose their exemptions from the FDCPA and are legally defined as a collection agent under the FDCPA's definition.By using a name suggesting they are a credit reporting agency they have simultaneously lost their exemption and violated the provisions in the law prohibiting them from claiming to be associated to a CRA. Link to comment Share on other sites More sharing options...
CreditDiva Posted March 12, 2005 Report Share Posted March 12, 2005 The Credit Bureau.. ok..so what are the steps and to whom can I report these cowboys? Link to comment Share on other sites More sharing options...
CreditDiva Posted March 12, 2005 Report Share Posted March 12, 2005 The Credit Bureau.. ok..so what are the steps and to whom can I report these cowboys? Link to comment Share on other sites More sharing options...
codename_fortyseven Posted March 12, 2005 Report Share Posted March 12, 2005 Contact the FTC, state atty gen, and let these clowns know you are doing it. orIf there is a good lawyer in the area and you want to go for blood, you could start logging violations for later use. Recording calls, documenting letter, probably send another followup DV saying you requested validation and they haven't provided anything. I wouldn't mention the regulatory/legal efforts just yet. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted March 12, 2005 Report Share Posted March 12, 2005 Contact the FTC, state atty gen, and let these clowns know you are doing it. orIf there is a good lawyer in the area and you want to go for blood, you could start logging violations for later use. Recording calls, documenting letter, probably send another followup DV saying you requested validation and they haven't provided anything. I wouldn't mention the regulatory/legal efforts just yet. Link to comment Share on other sites More sharing options...
Silver1 Posted March 14, 2005 Author Report Share Posted March 14, 2005 Hi divemedic,The full name is "Merchants and Professional Credit Bureau Inc." This is listed at the very top of the letterhead, with the mailing address in small type just below it. Then, in very large black type a bit below the mailing address are the words "CREDIT BUREAU". "This is to notify you that the account listed has been turned over to the bureau for collection. Our instructions from your creditor are to collect on this account in full. We are also instructed to list this account on your credit record if it remains an unpaid collection item.Upon your written request within thirty days after your receipt of this notice we will obtain verification of the debt and amount due from the creditor or a copy of any judgment against you and mail it to you. Also upon receipt of your written request within that thirty day period we will furnish you with the name and address of the original creditor if different from that shown. If you do not dispute the debt of any portion thereof within that thirty day period we shall assume that the amount due shown is correct.Call or write for payment arrangements including delayed payments, post dated checks, check by phone or partial payments. You may make your check or money order payable to the creditor but mail it to us to allow immediate posting and avoid this being placed on your credit report. Federal law requires us to notify you this is an attempt to collect a debt and any information obtained will be used for that purpose. We may report information about your account to other credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Affilliated with over 4000 credit bureau and bonded collection offices. Member "Customer Data Industry Assoc." ACA International." Link to comment Share on other sites More sharing options...
Silver1 Posted March 14, 2005 Author Report Share Posted March 14, 2005 Hi divemedic,The full name is "Merchants and Professional Credit Bureau Inc." This is listed at the very top of the letterhead, with the mailing address in small type just below it. Then, in very large black type a bit below the mailing address are the words "CREDIT BUREAU". "This is to notify you that the account listed has been turned over to the bureau for collection. Our instructions from your creditor are to collect on this account in full. We are also instructed to list this account on your credit record if it remains an unpaid collection item.Upon your written request within thirty days after your receipt of this notice we will obtain verification of the debt and amount due from the creditor or a copy of any judgment against you and mail it to you. Also upon receipt of your written request within that thirty day period we will furnish you with the name and address of the original creditor if different from that shown. If you do not dispute the debt of any portion thereof within that thirty day period we shall assume that the amount due shown is correct.Call or write for payment arrangements including delayed payments, post dated checks, check by phone or partial payments. You may make your check or money order payable to the creditor but mail it to us to allow immediate posting and avoid this being placed on your credit report. Federal law requires us to notify you this is an attempt to collect a debt and any information obtained will be used for that purpose. We may report information about your account to other credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Affilliated with over 4000 credit bureau and bonded collection offices. Member "Customer Data Industry Assoc." ACA International." Link to comment Share on other sites More sharing options...
Silver1 Posted March 14, 2005 Author Report Share Posted March 14, 2005 Hi Methuss,So, if they're a member of the "Customer Data Industry Assoc." and "ACA International" then they are in trouble for these things?Have I pinpointed all the nasty little wrongs? Here's what I see:*Claiming to be or claiming to be part of a credit reporting bureau*asking for post dated checksI am sure I could get a lawyer to help me out - I am guessing I shouldn't go it alone on my first go-round. Link to comment Share on other sites More sharing options...
Silver1 Posted March 14, 2005 Author Report Share Posted March 14, 2005 Hi Methuss,So, if they're a member of the "Customer Data Industry Assoc." and "ACA International" then they are in trouble for these things?Have I pinpointed all the nasty little wrongs? Here's what I see:*Claiming to be or claiming to be part of a credit reporting bureau*asking for post dated checksI am sure I could get a lawyer to help me out - I am guessing I shouldn't go it alone on my first go-round. Link to comment Share on other sites More sharing options...
Methuss Posted March 14, 2005 Report Share Posted March 14, 2005 OK I found their web-site and looked around. They are nothing more than a debt collector. They have a link on their home page for "consumer credit reports" which just goes to Experian's website. They don't even prepare consumer reports as a reseller.So yeah, they are in trouble.Go to www.edcombs.com and have a look. They will probably take this one up as a class-action for every person that has been approached by this collector. Link to comment Share on other sites More sharing options...
Methuss Posted March 14, 2005 Report Share Posted March 14, 2005 OK I found their web-site and looked around. They are nothing more than a debt collector. They have a link on their home page for "consumer credit reports" which just goes to Experian's website. They don't even prepare consumer reports as a reseller.So yeah, they are in trouble.Go to www.edcombs.com and have a look. They will probably take this one up as a class-action for every person that has been approached by this collector. Link to comment Share on other sites More sharing options...
Silver1 Posted March 14, 2005 Author Report Share Posted March 14, 2005 I will take this to a lawyer for certain. I will also report them to the FTC.I think the "CREDIT BUREAU" headline in big type at the top of the page is what did them in, besides the name they're using. Thanks!Silver Link to comment Share on other sites More sharing options...
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