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Never received a Dunning Letter, disputed and DV request, no reply NOW...


gretchenann50
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Yesterday, I received a Dunning Letter on this item, from same CA (Gulf Coast)but says it is now Concentric, formerly known as Gulf Coast. Says I have 30 days to pay up unless this item is in dispute. It has been in dispute since October. Since I just now received a Dunning Letter, never received Validation of the debt nor any response from them, how do I proceed ? Do I start over since I just received a DL or what is the best way to proceed with this ? I have documentation that I disputed and sent a DV request. I really want to handly this using the proper steps this time, I had health insurance at the time of treatment, and my health ins. was never billed- I have not contacted the OC yet- I also disputed a separate charge from the same date, same OC, different CA, and have not received response from them either. Thank you :)

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If you sent your DV letter certified mail return receipt requested and there has been no validation you have a right to request

 

1) No further calls or mail.

2) Any reporting of the item to be deleted from your credit files

 

What's important here is that it is a medical issue. They (collection co) are responsible for reaching out to their client and providing proof of either services rendered or that it was submitted to and denied by your insurance company.

 

In the mean time (assuming the item is on your credit file) I would send a 623 letter to the bureaus to get them to remove sooner rather than later.

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What is the basis of having sent your original DV that has not been responded to ... since you say you never got a DL.  If this goes to court, they might agree with you than no DL was sent, and argue that the DV wasn't a result of first communication and therefore holds no weight under 1692g.  Anyone know of case law on this?

 

You could go ahead and do a DV now.  If they argue it is late because initial communication was earlier, you show you did the earlier DV, too,  You might need to refer to both in the initial complaint for the FDCPA suit.

 

I can see collectors possibly trying to do trickery with this kind of thing to get a consumer to fail to do a timely DV.

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Let's clarify some things first.  You said this was the first "written" communication on a claim you disputed in October.  It can only be assumed you found their TL on your CR and sent them a DV.  Is this true?  Assuming this is true, then they are in violation for reporitng without proper written notification.

 

Most likely they are using a name change to try and get around their obligations.  Won't work.  OR, as NCO does, upon receipt of a DV, they send to an affiliate and start the process over again.

 

The best way to respond to this letter is to send them a new DV letter, simply stating your dispute, and include verbiage of your sending first, have not received any response, etc.  We'll help you compose it.

 

Now, to understand how it works.  A CA/JDB/ATTY is not required to respond to a DV.  What they must do is cease all activity and add "disputed" to the TL.  True, some just go ahead and sue  Let them.  Your defense is their failure to respond, plus, you have FDCPA 809© as a back up.

 

Lastly, and what you need to do first, go to page 1 of this section and look at the "pinned" items.  You will find a thread I wrote some years back about health insurance.  Read it.  To add, call the insurance carrier.  Tell them what happened and ask if they can help. Some have departments for this very purpose.  What they may do is send a letter to the OC, tell them to submit the bill, and pay it.  Understand that if this happens, the provider is forbidden to charge for other amounts beyond what is allowed, such as copayment.  Also, if this provider is trying to collect for the whole amount, but, is under contract to accept assignment, they are forbidden to charge more than the allowed amount. Also, for example if this medical provider is under contract, that contract may forbid them from assigning to collectors.  Read my thread, call your insurance.  Let me know either here, or by PM.  I'll check back tomorrow evening.

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Let's clarify some things first.  You said this was the first "written" communication on a claim you disputed in October.  It can only be assumed you found their TL on your CR and sent them a DV.  Is this true?  Assuming this is true, then they are in violation for reporitng without proper written notification.

 

Unfortunately, this is not the case.  The furnisher is not a financial institution, and there's no private of action for the violated section.

 

 

Now, to understand how it works.  A CA/JDB/ATTY is not required to respond to a DV.  What they must do is cease all activity and add "disputed" to the TL.

 

If they were already reporting before she disputed, the JDB is under no obligation to report the debt as "disputed" on her CR. 

 

Post-report dispute. When a debt collector learns of a dispute after reporting the debt to a credit bureau, the dispute need not also be reported.

Wilhelm v. Credico, Inc., 519 F.3d 416, 418 (8th Cir.2008).

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Yesterday, I received a Dunning Letter on this item, from same CA (Gulf Coast)but says it is now Concentric, formerly known as Gulf Coast. Says I have 30 days to pay up unless this item is in dispute. It has been in dispute since October. Since I just now received a Dunning Letter, never received Validation of the debt nor any response from them, how do I proceed ? Do I start over since I just received a DL or what is the best way to proceed with this ? I have documentation that I disputed and sent a DV request. I really want to handly this using the proper steps this time, I had health insurance at the time of treatment, and my health ins. was never billed- I have not contacted the OC yet- I also disputed a separate charge from the same date, same OC, different CA, and have not received response from them either. Thank you :)

So this is over a medical bill?   what ins. did you have?  if it was medicaid then they screwed to pooch on this one...If your ins. company will so proof that they never billed them, then you have a clear cut case.

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Thanks for all your replies ! The tradeline appeared on my credit report back in October, I never received a DL or anything from the CA or the OC. I disputed with the credit bureaus and the CA. I never received a response from the CA, but the credit bureaues came back with the standard "verified this debt belongs to you etc...) it also has the statement that it is in dispute. Now a couple months later I receive a bill/DL from the CA, which I found to be odd/name change, not acknopwledging my dispute and validation request. My insurance carried is Blue Cross/Blue Shield, I did contact them, and while they won't sent the CA or OC any communication, they are sending me a copy of the claims submitted for that period, which clearly cshows that the OC never submitted a claim.

There is also another tradeline that has appeared, from another CA, different amount, same date and OC. I disputed it as well and sent a validation request. Again, no response, no DL-

I admit that I DID go to the hospital, but I had health insurance at the time- and I also don't get why I am just nopw hearing from them over an alleged debyt from 4/01/09.

What do I do at this point ? I have a copy of my original dispute/validation request, and I was thinking about sending them the copy along with a straightforward letter explaining to them that I already disputed this and requested validation when it appeared on my credit report, and since they did not respond but continued to report, they must delete the tradeline immediately.

I am just not sure if this is how I need to handle it or what to do now.

Thanks !

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Since the OC never submitted the claim to your insurance carrier, it appears your argument is actually with the OC.  I'd contact them.  You need to find out why the claim was never submitted and go from there.  I don't know if the claim could be submitted now, or not.  But it would seem you would have some sort of recourse because you had insurance. 

 

If this can be resolved and shown that the OC is at fault, I'd be demanding removal of the CA's TL, because the OC should not have put the account into collections in the first place. 

 

Regarding your DV letters, since you sent them because you found TLs on your CR, the CAs weren't required to respond.  They're only required to respond if you send a DV in response to the first collection letter received from a CA.  Because your DV request wasn't sent as a result of a first collection letter, the CA didn't have to validate.

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