Need Advice RE: CA Response to 623 Letter

[Desert Bloom]

My daughter had a medical collection show up on her EQ and EX CR this spring that was from 2002 that she had no recollection of ever incurring.

She challenged it with both EQ and EX, EQ dropped it after about 3 weeks of reinvestigation. EX verified it.

Next I wrote a 623 letter in her name to the CA. The CA responded with a computer generated page showing her personal information, an old address, and a phone number she had never heard of, date of procedure, and charge for procedure. NOWHERE on the page was there a name, address or phone number for the OP. Nor was there any information about what the procedure was. The letter from the CA gave an 800 # to contact the OP directly.

When I called the OP 800 # it was a mega big pathology lab company and did not have the name of the OP shown on the CRA. The customer service agent said it was such an old account that the records had been purged from their system.

What should my next step be??? How do I remove this from her EX report?

Should I send another 623 letter to the supposed OP referenced in the CA letter and wait for a response?

Advice would be welcomed.........

[torikid]

Send a 15 day DV CMRRR to the CA. If the OC cannot verify, then you know the CA cannot actually do it. I would mention your call to the OC as well. Make sure to inform the CA that what they sent you WAS NOT proper validation.

[CDL]

Send a 15 day DV CMRRR to the CA. If the OC cannot verify, then you know the CA cannot actually do it. I would mention your call to the OC as well. Make sure to inform the CA that what they sent you WAS NOT proper validation.

I second that. I would also file complaints, BBB and AG.

[Desert Bloom]

After 5 phone calls with the mega big lab company (PSA out of Florence SC) who could not give any information on the true OC who provided the service, they have faxed me a computer print-out similar (but not identical) to what the CA sent. Mind you PSA is the company that sent the account to the CA, even though they list another name for the OC on the CRA.

Again no name, address or phone number for the OC and no actual information regarding the services that are being charged for. There is no location for the OC so there is no way for us to know who generated the original charges.

So now I will take your advice and send a letter to the CA stating that they have not provided adequate proof of the debt and include the fact that I could not get proof from PSA either. I will copy BBB, FTC and the California AG.

Are these also violations?

This negative TL showed up on my daughter's CR in the spring of this year (2008) and the debt is from 2002. She never received any notification of the negative TL being inserted on her CR. If a letter had gone to the address on the account the CA shows in the computer print out, it would have been forwarded to us because we know the owners of the property and they give us any mail sent to us at that address on a weekly basis. So is it a violation if a CA inserts a negative TL without notifying the Debtor???

Also the CA is out of South Carolina and is not licensed in the State of California, although listing this on a CR is collection activity -- is this a violation??

[swirlgirl]

Are these also violations?

So is it a violation if a CA inserts a negative TL without notifying the Debtor??? No. This has been discussed before. You can do a search.

Also the CA is out of South Carolina and is not licensed in the State of California, although listing this on a CR is collection activity Not a violation of the FDCPA or FCRA. It may be a violation of your state licensing laws. Research the licensing requirments for your state.

Now, it seems to me, the biggest violation is for failure to validate per section 809 of the FDCPA. When requested, they must provide at least the OC's info.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

[Desert Bloom]

Followed everyone's advice and it worked!

Thank you so much!

Sent a 15 day demand letter to the CA, citing their failure to adequately respond to the 623 letter, their failure to perform per Section 809, and the fact that their client could not offer anything more than a computer print-out that did not meet any form of proof of debt as it did not provide the name and address of the OC.

As of today the collection is no longer reporting!

[will35010]

Followed everyone's advice and it worked!

Thank you so much!

Sent a 15 day demand letter to the CA, citing their failure to adequately respond to the 623 letter, their failure to perform per Section 809, and the fact that their client could not offer anything more than a computer print-out that did not meet any form of proof of debt as it did not provide the name and address of the OC.

As of today the collection is no longer reporting!

Congrats!!!