Received Non Val from CA-Next Step?

Discussion in 'Credit Talk' started by Gai-jin, Sep 8, 2003.

  1. Gai-jin

    Gai-jin Well-Known Member

    Today I received the response from the CA to my 1st Validation letter.

    The letter reads (Half typed, half handwritten):

    Dear Mr. xxxx
    Enclosed is the itemization(s) you requested.

    This is the information provided to us. You will need to contact your insturance for any claim information.

    *Mini-Miranda*

    Sincerely,
    *Hand Signature*


    The attached documents are screen prints from the Hospital billing system, which include dates, services rendered, and cost, in no more than 2-3 lines each.

    No signatures. No more to identify it as mine than my name across the top of each page.

    What do I do next? Do I respond immediately? Or do I wait for the 30 days to expire? Do I modify the estoppel letter because I received a response, just not a valid one?

    Thanks!
    Gai-jin
     
  2. Gai-jin

    Gai-jin Well-Known Member

    FWIW, here's what I sent them:


    Saturday, August 30th, 2003

    RE: Account #â??s 7xxxxx, 7xxxxx, 7xxxxx, and 6xxxxx Creditor: XXhospitalXX

    Dear Sir/Madame:

    Through a recent review of my credit report with the major credit reporting agencies, Iâ??ve found accounts which have been erroneously listed on my report. This is a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

    Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you. I insist on being provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the item must be deleted from the databases of any and all credit bureaus which the debts have been reported to.

    Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

    Sincerely,

    **ME**



    CREDITOR DISCLOSURE STATEMENT

    1. Name and Address of Collector (assignee): _________________________
    2. Name and Address of Debtor: ____________________________________
    3. Account Number(s): ____________________________________________
    4. What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.
    5. Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO
    6. Has the purported balanced of this account been used in any tax deduction claim? YES/NO
    7. Please list the particular products or services sold by the collector to the debtor and the dollar amount of each.
    8. Attach competent evidence that I have some contractual obligation to pay you. This evidence must include proof of this alleged debt, specifically the contract, note or other instrument bearing my signature.

    Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

    ________________________________
    Authorized signature for Collector

    __/__/__
    Date

    Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.
     
  3. lbrown59

    lbrown59 Well-Known Member

     
  4. Gai-jin

    Gai-jin Well-Known Member

    Thanks!
     

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