betam4x Posted January 30, 2008 Report Share Posted January 30, 2008 In late december of last year i discovered duplicate entries for a collection on my credit report. The duplicate entries were West Asset Management and NCO. (violation)I sent W.A.M. a DV letter. It was not sent CMRR and they ignored it. (before i found this site)In january i called to get it taken care of. The lady stated that the only way i could remove it was pay them, I stated that it was outside the statute of limitations and would not be paying. The lady said there wasn't a statute of limitations on medical bills. This is a lie (violation). SOL is 6 years. I recorded her half of this conversation via my cell phone (doesn't record me.)I promptly sent a letter in january demanding it's removal, it was ignored.I the OC today to try and get records. They stated that the DOFD was 2001 and it was assigned to NCO, when i told them that WAM claimed to have it she said that it may have been assigned to them to collect. Then she backtracked and said it was assigned to NCO because W.A.M. could not legally collect. Then she backtracked again.I Then called WAM and told them what OC had told me. She stated that it was assigned to them and that NCO should have removed it. She stated that after payment they would make sure it got removed. I told her this was unacceptable as i didn't even know if i owed the debts. She basically told me i could request an itemized statement from them in writing (DV).The CA is in TX, the OC is in TN, and I am in NJ. Now, here is where i need advice -- Because they are in TX can i DV and have it be timely? If they send me a detailed itemized statement is that a violation of HIPAA since i never authorized them to obtain such information? They are also most certainly NOT allowed to collect in NJ as they need a bond and I'm fairly positive they don't have one. I'm not worried about legal action, just about it being on my credit report for 10 more months.Finally, do you think i have enough evidence to take them to court if they don't remove? They've already violated the FDCPA and the FCRA more than once. If i had a solid case i'd definitely take them to court (if they don't remove). This is over 2 accounts which should be 4 violations (FDCPA and FCRA) which total $4,000. Link to comment Share on other sites More sharing options...
betam4x Posted January 30, 2008 Author Report Share Posted January 30, 2008 Oh, and if i DVed AGAIN would they be required by Texas law to respond? If so, is there case law supporting original signed documents? WAM stated they would send me an 'itemized statement'. I'm assuming that means that it's on their letterhead. I'm still trying to get the medical records from the hospital. Link to comment Share on other sites More sharing options...
betam4x Posted February 1, 2008 Author Report Share Posted February 1, 2008 anyone? Link to comment Share on other sites More sharing options...
2001Badyear Posted February 1, 2008 Report Share Posted February 1, 2008 Don't confuse SOL with reporting period. Reporting period is 7 - 7-1/2 years per FCRA. Two separate things and SOL varies by state. And yes, two CA's can not be on the report at the same time, if I understood what you wrote correctly. Link to comment Share on other sites More sharing options...
betam4x Posted February 1, 2008 Author Report Share Posted February 1, 2008 Don't confuse SOL with reporting period. Reporting period is 7 - 7-1/2 years per FCRA. Two separate things and SOL varies by state. And yes, two CA's can not be on the report at the same time, if I understood what you wrote correctly.I'm NOT confusing SOL and the FCRA reporting period. I told the lady that the debt was out of SOL and i wouldn't be paying it, she stated there was no SOL on medical bills and that the only way to get my credit report fixed was to pay them. FDCPA violation because she was making false or deceitful attempts to collect the debt. Link to comment Share on other sites More sharing options...
2001Badyear Posted February 1, 2008 Report Share Posted February 1, 2008 yeah,I mis read the original entry. (too many all at once tonight).If you've DVed the CA in this case, and I wouldn't call them if for no other reason than to keep a paper trail, you may wish to send an ITS. You look like you have several violations on them. Perhaps a final ITS letter spelling out the case to their legal department might get their attention.At the same time fire off compaints to the BBB of all states involved as well as the AG's of every state involved. Make sure the ITS letter has the documentation and CC the AG's and BBB on bottom, even if you don't send them this letter.At the least it may get you the proper DV, otherwise sue them. Link to comment Share on other sites More sharing options...
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