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New CA 2 collect debt previous CA didnt validate? DIVEMEDIC?


Begirl
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I sent DV to CA...within 2 weeks they removed their tradeline from my credit reports but I never heard a word from them. Now, a new CA is trying to collect on these accounts. Isn't it illegal for them to try to collect if I have already requested validation? I plan on DVing this new CA, but wanted to know if there was a law I could quote saying they can't collect because of this?

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The only thing you can do is send the new CA a DV. Also, send a letter to the OC, stating your objection. There are alo of factors that come into play here. Is it within SOL, can they provide all of the info, etc. Even so, if you notify the OC that you are disputing the debt, they are required to notify any new CA or the CRA (if they decide to report) that the debt is disputed. (see ss 559.72) Since the CA now knows that the debt is disputed (or should know), if they report it to your CR without a dispute notice, it is a violation.

Be careful though, if thye can prove the debt, there is a risk that fooling around with this will trigger a suit.

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Oh - it's mine - no doubt...it's a medical collection copay...and I know it's within SOL. Dunno if they can provide the info - probably WONT provide it from what I've gathered. If I'm forced to pay, fine. But I'm kinda taking the other approach that enigma posted on another board. Get validation, see what's in it, if it's got medical info see if there's a medical release in there that satisfies Florida laws. If not, I've got them on statute voilations. Could at least give me some leverage to maybe have it go away....

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I have a few CA on medical bills, and when I DV'd one, they sent me back a letter stating that they obtained a copy of the itemized statement for the account, but to protect the privacy of my medical records, this is the only information they the medical office will release to the CA. It had all the right info: SS#, DOB, name address, referring MD, MD on this account, date of service, insurance adjustment and payment, amount due, they even put my account in dispute with the CRAs. But there was nothing in there that could violate HIPAA laws. It's only for $25, so I sent them a pay-for-delete letter and am waiting a reply now.

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HIPPA has a clause that says if your state laws are more restrictive, then they override HIPPA so that's where I'm going. Not taking the HIPPA approach. FL laws are VERY specific on what a medical releas MUST contain. So, I'm taking that angle.

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