Dunning letter question

[fullyoverwhelmed]

I recieved a call from collection company about a medical bill I believe has already been paid, I have not taken the time to verify this yet, but I will soon. When I returned the initial call, when I asked if anything had been mailed in writing I was first told yes, then please wait while we check on that. I was told no nothing had gone out in the mail, it would be sent. That was over 10 days ago.

Now I get another call from same CA, called back, oddly enough spoke to the same person whom you thought was my best friend ( "Hi how ya doin, we spoke the last time...How ya been...)

I mentioned that I had not recieved the requested letter, I was told it was sent prior to the last time we had talked, I corrected the rep, and reminded them that I was told it was not and it would been sent. The response was that it was printed in the 23rd, and I should recieve it soon, after all they can't control when the letters are printed. I was also told that the calls would continue until the matter was resolved.

I am sure I have read it on this site about 5 days after initial contact that a dunning letter should be sent, violation? or not.

Thanks for any help, and I must say, great site, and great information!!

[Robert Nashville/Savannah]

An initial dunning letter with the appropriate "mini-miranda' wording must be mailed (postmarked) within five days of "initial contact".

Your fist call with them was the initial contact.

You won't know when then actually mailed the letter until your receive it (how long it takes for the post office to deliver it is rather immaterial).

I'd advise you to wait a couple of more days and then if it hasn't arrived, start the DV process anyway and be sure to mention in your letter the date of your first conversation and the fact that you've received nothing in writing from them.

You also need to start researching if this debt was paid or not apart from the DV process.

[fullyoverwhelmed]

Thanks R_N for the response, I will follow your advice. However, I have noticed that most mail comes missing a dated post mark these days. what's up with that ? Also no date on letters received.

[fullyoverwhelmed]

Today I received the dunning letter that I initially asked about. Initial contact with CA was 3/13. Letter is dated 3/23, no date on postmark.

This is a pretty small balance on a medical account from an ER. The letter states that the account has been purchased by MedClr, Inc. However a page included with the dunning letter has NCO and many other NCO affiliates listed at the top of the page ( some kind of privacy statement notice).

I plan on sending a DV, and I will refer to the samples on this site (thank you all again). I guess my question is, was their lack of sending a dunning letter in the 5 day time frame an FDCPA violation ( if i am reading the FDCPA correctly I think it is) , also I had to request that the letter be sent, and should I state this in the DV letter?

Thanks to all for your help and suggestions.

[wahoo238]

Yes that would be a violation of the FDCPA, I am surprised they did not back date. I would not bother putting it in your DV at this time unless you are planning on suit, just keep it short and simply.

[Robert Nashville/Savannah]

It is a violation but probably not actionable - there is a sort of an "out" for issues like that plus it's just one violation...I'd sort of "stick in my back pocket" for potential later use.

If they have a habit of violating than it would be something you could use to bolster an overall case should it ever come to that.

[cbairey]

Today I received the dunning letter that I initially asked about. Initial contact with CA was 3/13. Letter is dated 3/23, no date on postmark.

This is a pretty small balance on a medical account from an ER. The letter states that the account has been purchased by MedClr, Inc. However a page included with the dunning letter has NCO and many other NCO affiliates listed at the top of the page ( some kind of privacy statement notice).

I plan on sending a DV, and I will refer to the samples on this site (thank you all again). I guess my question is, was their lack of sending a dunning letter in the 5 day time frame an FDCPA violation ( if i am reading the FDCPA correctly I think it is) , also I had to request that the letter be sent, and should I state this in the DV letter?

Thanks to all for your help and suggestions.

make sure you add:(DV) as this is a medical account a HIPPA authorization signed by you.

I hereby request that you comply with Section #809 of the above named act and provide me with the following required items:

1.A copy of all signed documents with MY signature providing that the debt is in fact mine.

2.A copy of the original creditor’s contract.

3.A letter or statement of assignment from creditor allowing you to pursue this debt in collection.

4.A statement from you to the fact that this debt has not been written off to profit and loss by creditor's

5.as this is a Medical account a signed HIPPA Authorization form.

*something like this Please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a COPY OF ANY HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my(our) credit reports.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I(we) require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I(we) reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as being subject to the HIPAA and (YOUR STATE) medical privacy rules.

I (we)also hereby reserve my(our) right to take private civil action against you to recover damages.

Sincerely,

* Hippa Covers PHI(personal health information, and PAYMENT information and ANY personable identifying information (name address Birthdate ect..)

I sent mine to the CA's tring to collect on my med accounts

AND to the dr's( lets them know they WILL be in HIPPA violations if they give ANY info out)to withdraw all collections from Ca's, that THEY are responsable for the CA's actions, 30 days up tomarrow and NO-ONE has replied yet. my guess the Ca's Are Not getting Any info

[Robert Nashville/Savannah]

make sure you add:(DV) as this is a medical account a HIPPA authorization signed by you.

I hereby request that you comply with Section #809 of the above named act and provide me with the following required items:

1.A copy of all signed documents with MY signature providing that the debt is in fact mine.

2.A copy of the original creditor’s contract.

3.A letter or statement of assignment from creditor allowing you to pursue this debt in collection.

4.A statement from you to the fact that this debt has not been written off to profit and loss by creditor's

5.as this is a Medical account a signed HIPPA Authorization form.

*something like this Please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a COPY OF ANY HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my(our) credit reports.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I(we) require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I(we) reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as being subject to the HIPAA and (YOUR STATE) medical privacy rules.

I (we)also hereby reserve my(our) right to take private civil action against you to recover damages.

Sincerely,

* Hippa Covers PHI(personal health information, and PAYMENT information and ANY personable identifying information (name address Birthdate ect..)

I sent mine to the CA's tring to collect on my med accounts

AND to the dr's( lets them know they WILL be in HIPPA violations if they give ANY info out)to withdraw all collections from Ca's, that THEY are responsable for the CA's actions, 30 days up tomarrow and NO-ONE has replied yet. my guess the Ca's Are Not getting Any info

They are simply not required to supply any of the above information...asking for it is fine but they don't have to honor the request.

[fullyoverwhelmed]

"Back pocket" it is then, thanks for all the response.

[ALVA]

BTW the correct acronym is HIPAA if you plan to use it in any letters

[cbairey]

COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST

Use this IN IT'S ENTIRETY. DO NOT call them .

Use this letter to notify the agency that the debt is beyond SOL, or is invalid for other reasons, and subject to the HIPAA privacy laws. Keep a copy for your files and send the letter registered mail return receipt requested.Do a separate letter for EACH CRA that the CA is reporting to, make sure the account #'s match the report. You can MAIL them all to each CA in ONE envelope with one CMRR

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CMRR#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter.

If you have nothing in writing use the phrase "recent communication, if you have had NO communication other than the entry on your report, use this:

"This letter is being sent to you in response to your recent fraudulent verification of an unknown medical account on my (name of CRA) report"

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my credit reports.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as being subject to the HIPAA and (name of your State) medical privacy rules.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

---------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------

hope this helps

[Robert Nashville/Savannah]

COLLECTION AGENCY VALIDATION/DISPUTE/CEASE AND DESIST

Use this IN IT'S ENTIRETY. DO NOT call them .

Use this letter to notify the agency that the debt is beyond SOL, or is invalid for other reasons, and subject to the HIPAA privacy laws. Keep a copy for your files and send the letter registered mail return receipt requested.Do a separate letter for EACH CRA that the CA is reporting to, make sure the account #'s match the report. You can MAIL them all to each CA in ONE envelope with one CMRR

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CMRR#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter.

If you have nothing in writing use the phrase "recent communication, if you have had NO communication other than the entry on your report, use this:

"This letter is being sent to you in response to your recent fraudulent verification of an unknown medical account on my (name of CRA) report"

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my credit reports.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as being subject to the HIPAA and (name of your State) medical privacy rules.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

---------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------

hope this helps

I'm sorry...I'm not trying to insult you but this is just WRONG.

No CA has to supply any of this stuff.

Also, please note that you cannot request validation and tell them to CEASE AND DESIST at the same time...the two requests are mutually exclusive so I don't know why that is in the title???

The best Dispute/Validation letter is the one the consumer crafts him/her self, using his/her own words and one that does not make them look like an amature trying to sound like an expert/attorney (unless they actually are one) or take something verbatim and cut/past off a website (even this one).

[shadokeeper]

I'm sorry...I'm not trying to insult you but this is just WRONG.

No CA has to supply any of this stuff.

Also, please note that you cannot request validation and tell them to CEASE AND DESIST at the same time...the two requests are mutually exclusive so I don't know why that is in the title???

The best Dispute/Validation letter is the one the consumer crafts him/her self, using his/her own words and one that does not make them look like an amature trying to sound like an expert/attorney (unless they actually are one) or take something verbatim and cut/past off a website (even this one).

I agree with Robert, the best letter you can write is one that you draft in your own words. I like to read numerous examples of letters and make my own. I do not like to use any legal terminology because I think it sounds like you are posturing flexing your “Legal” knowledge witch in my case is null other then what I have read here. I prefer to not to use verbiage. Short and to the point. Just my opinion

[cbairey]

i wouldnt sugest someone use the same verbatem for just a general idea as to what they could say,