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planing to sue CA, want to hear some advise.


baysky
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First of all, thanks for this forum and this website, tons of useful information on how to fight for our rights.

Little background,

March, 2003, Wife delivered my little girl in hospital where she rendered anesthesia service from a doctor happen to be out network of my insurance. My insurance covers 100% except for out of network doctors. We signed agreement with hospital to pay all services and fees through insurance and pay for uncovered REASONABAL amount.

The doctors charged us $2500 for the service, while insurance only pay average $900 for it, after a few phone calls, insurance agreed to pay max allowed amount in their policy $1550. Citing rest is over charge.

Doctor’s office keeps after the rest and our argument is our only agree to pay reasonable expense per agreement we signed with hospital. PLUS, we never signed any kind of agreement with doctor. The doctor didn’t disclose his out of network status and over charged price.

May 2004, Case turned to CA, we immediately DV the first letter with our argument. I figured I shouldn’t send our argument at all. Just a plain DV will do the work. Didn’t hear from CA ever since.

Dec, 2005 found out my CR has a dispute collection record in Equifax, the other two don’t have it. Sent dispute to CRA, few days later get another letter from CA. CA’s letter is so funny. It basically says the debt is validated because the attached Fax from doctor’s office spells “The debt is valid”. Yah right, because they said it’s valid then it’s validated.

Sent my 2nd dispute letter right away.

The trick is I found out the CA didn’t report the debt to CRA until Nov, 2004, six months later after my first dispute. Don’t they suppose to stop everything except trying to validate the debt? So I am planning to sue them in small claim court.

Any comments from you experts are welcome. I just want to make sure to do right. I will post followup on this case.

Many thanks in advance.

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You are right. The CA is supposed to stop trying to collect and validate. It has been held that reporting to a CRA is "collecting." Now, if they did it right, the TL on teh CR should say " Consumer disputes this" or something like that. If it doesn't, well. off you go.

I hope you have the letter you sent and teh receipt showing they got it. Sue them for 1) violating the FDCPA by continuing to collect and 2) violating the FCRA. They have wiflully violated FCRA, so you can ask for statutory damages of up to 5K and punitive damages.

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