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DV Letter results...


droolyn
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Hey all. Ive been working on my credit for two weeks now and I just received my first response to the DV letter I sent to CA for medical collection.

Included in the letter was page 1 of 4 of an ACA (association of credit and collection professionals) publication.

"What does our agency need to provide when the consumer requests verification"...Many websites surporting to provide consumers information concerning their rights under the FDCPA and FCRA have caused vast amount of confusion among both consumers and debt collectors to whom consumers submit their demands. Verification requests seeking items such as contract bearing the consumers' signature, the debt collectors' contract with the creditor, proof that the debt collector is licensed in the state and other such material are commonplace. The consumers often allege that failure to provide requested material would violate the FCRA, FDCPA and constitute grounds for a state tort claim. The letters demand that the debt be removed from the credit report and threaten suit should the collector fail to comply within a specified period of time. (This part is underlined) Often these letter are sent after the FDCPA's 30 day validation period has expired, sometimes long after the debt has been paid in full. However, such demands have no basis in law...(timeout, this is obviously a training memo for employees)...The FTC states verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt..

Included in the letter was a computer generated printout, stating that 3 billing statements were sent, with the account number, OC, amount, my SSN, DOB, Date of Service (06/17/02) SOL?.

What now? Is this validated or verified? I havent heard from the dispute letter to the CRA another two weeks prob.

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Hey all. Ive been working on my credit for two weeks now and I just received my first response to the DV letter I sent to CA for medical collection.

Included in the letter was page 1 of 4 of an ACA (association of credit and collection professionals) publication.

"What does our agency need to provide when the consumer requests verification"...Many websites surporting to provide consumers information concerning their rights under the FDCPA and FCRA have caused vast amount of confusion among both consumers and debt collectors to whom consumers submit their demands. Verification requests seeking items such as contract bearing the consumers' signature, the debt collectors' contract with the creditor, proof that the debt collector is licensed in the state and other such material are commonplace. The consumers often allege that failure to provide requested material would violate the FCRA, FDCPA and constitute grounds for a state tort claim. The letters demand that the debt be removed from the credit report and threaten suit should the collector fail to comply within a specified period of time. (This part is underlined) Often these letter are sent after the FDCPA's 30 day validation period has expired, sometimes long after the debt has been paid in full. However, such demands have no basis in law...(timeout, this is obviously a training memo for employees)...The FTC states verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt..

Included in the letter was a computer generated printout, stating that 3 billing statements were sent, with the account number, OC, amount, my SSN, DOB, Date of Service (06/17/02) SOL?.

What now? Is this validated or verified? I havent heard from the dispute letter to the CRA another two weeks prob.

In there response, did they include the mini-miranda that states that you have 30 days to dispute the debt and / or ask for the OC name and address, yada yada yada?

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It is illegal in Florida for a provider to send your medical information to a collection agency.

456.057 (7)(a) Except as otherwise provided in this section and in s. 440.13(4)©, such records may not be furnished to, and the medical condition of a patient may not be discussed with, any person other than the patient or the patient's legal representative or other health care practitioners and providers involved in the care or treatment of the patient, except upon written authorization of the patient. However, such records may be furnished without written authorization under the following circumstances:

1. To any person, firm, or corporation that has procured or furnished such examination or treatment with the patient's consent.

2. When compulsory physical examination is made pursuant to Rule 1.360, Florida Rules of Civil Procedure, in which case copies of the medical records shall be furnished to both the defendant and the plaintiff.

3. In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice to the patient or the patient's legal representative by the party seeking such records.

4. For statistical and scientific research, provided the information is abstracted in such a way as to protect the identity of the patient or provided written permission is received from the patient or the patient's legal representative.

5. To a regional poison control center for purposes of treating a poison episode under evaluation, case management of poison cases, or compliance with data collection and reporting requirements of s. 395.1027 and the professional organization that certifies poison control centers in accordance with federal law.

(B) Absent a specific written release or authorization permitting utilization of patient information for solicitation or marketing the sale of goods or services, any use of that information for those purposes is prohibited.

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I did not have any medical insurance at the time so the OC sent the info to the CA not the provider, there was none. I guess that this debt has been validated if they provided all that info, and yes there was a mini 30 day disclaimer. But what I thought was weird was that only the first of four pages of the document was mailed to me. I am still waiting for the CRA to respond and my battle will continue.

How can I get accurate information like date of service and amounts if the billing office at the hospital can not provide me with that becuase they say the CA is handling it?

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I did not have any medical insurance at the time so the OC sent the info to the CA not the provider, there was none. I guess that this debt has been validated if they provided all that info, and yes there was a mini 30 day disclaimer. But what I thought was weird was that only the first of four pages of the document was mailed to me. I am still waiting for the CRA to respond and my battle will continue.

How can I get accurate information like date of service and amounts if the billing office at the hospital can not provide me with that becuase they say the CA is handling it?

If you're within the 30 days, reply back asking for full verificatin of the debt to include everything they told you about in the mini-miranda.

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I am not within the 30 days, actually im prob only 30 days from the SOL in FL which I think is 4 years on medical accounts. The thing is that i believe this account and others outside the 30 day validation period to be my fathers'. I have disputed the CRA's but I am trying every avenue possible including DVing.

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I am not within the 30 days, actually im prob only 30 days from the SOL in FL which I think is 4 years on medical accounts. The thing is that i believe this account and others outside the 30 day validation period to be my fathers'. I have disputed the CRA's but I am trying every avenue possible including DVing.

If you are outside the 30 dispute, then you just wait for the CRA's to come back as verified. If they do, then you have the right to see what they are verifying. I had that problem too. I had to take them to court before they really knew how serious I am.

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