dv letter was filed at ca as a "dispute",

Discussion in 'Credit Talk' started by dvdbrett, Jul 30, 2008.

  1. dvdbrett

    dvdbrett Active Member

    dv letter was filed at ca as a "dispute", now what?
     
  2. jam237

    jam237 Well-Known Member

    A DV is a DISPUTE.

    But a DISPUTE, isn't always a DV... :)

    For example, you can dispute through the CRAs, but the CA receiving a CRA dispute doesn't have to provide validation. BUT after a CA receives a DV, a CA must update their reporting to show that the account was disputed; IF THEY'VE PREVIOUSLY REPORTED THE DEBT (if they didn't report the debt, reporting it to report the dispute would be continued collection activity).
     
  3. jjgross

    jjgross Well-Known Member

    I had dis[uted with the cra about a ca who reported that i had disputed the account which i hadn't they updated the same info which state i had disputed.if this makes sense is it the same thing.
     
  4. dvdbrett

    dvdbrett Active Member

    ca now claims that due to the dispute,

    they cant send an itemized bill. it was a hospital bill, with, of course, gross overcharges and phantom billings, etc. I thought hipaa required an itemized bill...
     
  5. jam237

    jam237 Well-Known Member

    Well, maybe and maybe not... I've heard of one CA which always includes a "Dispute" notation, their logic was that it's safer to notate the account as being disputed, note the phrasing of 807, failure to not report the account as being disputed, when it is...

    Then ironically, when you disputed it through the CRA, you gave them a self-fulfilling prophesy, because after you disputed it, it was correct that the account could be disputed.
     
  6. jam237

    jam237 Well-Known Member

    HIPPA has VERY little to do with collections.

    HIPPA is about the privacy of your medical records, and how they (and 3rd party CAs) must report your account to a credit bureau as to not disclose your health information when someone pulls your reports.

    The hospital *SHOULD* be able to provide an itemized bill, they may provide the bill to you, or to the CA, depending on how their HIPPA compliance policy is setup.

    The FDCPA is what requires validation, and the level of what rises to validation really has never been nailed down... only what DOESN'T...

    If you argue that you need to see a completely itemized bill to be able to VALIDATE what was charged, whether the services being charged were in fact rendered, what has been paid by various third party payers (insurance company's), contractual adjustments required by the third party payers agreements with the creditor, etc. Then you'ld be establishing an argument that you have a need to see a completely itemized bill.
     
  7. jjgross

    jjgross Well-Known Member

    The way i worded the dispute was to provide written proof that on or before june 1st of 2008.that i had a written dispute in there files and to provide the copy of the letter to me and the cra
     
  8. jam237

    jam237 Well-Known Member

    The problem is that the FCRA doesn't require them to provide written proof of anything to verify a CRA dispute.

    If you never disputed it, you may have an FDCPA case (if it's with a CA) for reporting false credit information, but it'ld be an unusual case, given that although the law specifically mentions not reporting the account as disputed when it is, the law is mute on reporting the account as disputed, when it isn't...

    I've heard conflicting information as to whether 'disputed' accounts count against us in scores, and unless Fair Isaacs has a dog who is trying to sell the secret FICO score formula, most of it is speculation.

    So the question would be, what gains (other than deletion) are you hoping to make by pursuing it?
     
  9. jjgross

    jjgross Well-Known Member

    Jam this is a little fight in my war with wama/providan who accepted a credit relief program accepted 6 payments from them then charged off we had neg. in good faith so the rug was pulled out from under us.now wama is still showing a balance.the ca is showing a balance.wama records show transfered to another.arrow said they bought it.we included it in a bk 7.arrow doesn't show it as discharged nor do's wama.i disputed wama who verified by hard pulling my credit report.i never said i didn't owe i just want one to report it not both.It's a weird thing if you understand what i'm saying because sometimes i ramble on like now.In others it's reported wrong
     

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