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Collection Agency reported to CRAs before date on initial letter???


confusedinms
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I have a medical collection from a year ago.  Long story short, it was a residual debt from having my child in the hospital. 

 

As I was working out payment arrangements with them on another account (for same hospital stay), they sent this particularly miniscule account to collection.

 

I got my first letter from the collection agency, and then I DV'd them.  Before I got a response from them, they had sold my account to another collection agency.  The new collection agency reported me to the three credit bureaus before I even got the first letter from them, much less had a chance to DV.  Their letter had my rights outlined, but yet they reported me before the date on the letter.

 

What is my first course of action?  Ask them nicely to remove?  And if they don't respond, then what?  Need some guidance here...

 

Thanks in advance!

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Thanks myscore!  Do you think I could get anything done with the CRA by disputing it?  I have dv'd the 3rd agency it has gone to, and none of them have replied to my requests.  So the 2nd CA is the one reporting it, but not reporting it as "disputed." 

 

I don't know which direction to go first...CRAs?

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@confusedinms

 

I'm sure you know this already, but your DV must be sent within 30 days of the first dunning letter from a CA.  In regard to your credit report, some courts have ruled that an entry doesn't have to be marked as disputed if the entry was already on your CR before you sent the DV.   I don't know that your state or the 5th Circuit Court of Appeals has ruled on the issue of debt validation and credit reporting.

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Yeah, I was pretty quick on DV, like within 10 days or so.  The date of the entry on my credit report from that particular agency was 3 days before the date of their first letter.  I'm going to take my chances and assume that maybe Mississippi hasn't ruled on this, and get on it with the CRAs. 

Thanks BV80!

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It sounds as though the medical provider changed collection agencies.  This is why the first one could not validate because they no longer have a business relationship with the provider to validate would be a HIPAA violation.

 

The second CA can report before dunning you and it isn't a violation.  While you can dispute with the CRAs if the second agency already reported the TL and this is a recent account they most likely WILL validate.  You are better of negotiating a pay for deletion of the trade line.

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Hey @Clydesmom, you have helped me before, so thanks again.  Quick question, I went back and reread the CA initial letter.  It states, and I quote:  "Your account will be placed with all three National Credit Reporting Agencies unless paid or disputed within 30 days of the receipt of this letter.  We will not submit a negative credit report to a credit reporting agency about this credit obligation until the expiration of the period described below."  Of course, they did.

 

Does this change anything or should I just try to negotiate a PFD and move on?

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I think PFD is the best way to go and if they balk at doing it I would raise the issue that they reported prior to the 30 day dispute window they had in their letter expiring.  Then I would state it is over shadowing and illegal and they can PFD in exchange for not going to Federal Court for the FCDPA violation.  They should play ball if they weren't prior.

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