Does anybody have experience with Medical collection accounts and validation requests? I have a medical collection account from 5 years ago that I have requested validation and received a computer printout. I understand for proof with loans,cc's, etc, you want a signed contract or application, etc... But what should I receive for "PROOF" on medical bills?
I sent validation request - no reply After 30 days sent estoppel Received computer printout postmarked 2 days after receipt of estoppel I have been researching filing in small claims in Texas, Federal credit laws, Texas state credit laws and following all the relevant posts here at at Bayhouse and Proselitigant. Is it time to send the "Intent to Sue" letter?
As long as everything you sent was done via certified mail and you have proof of mailing as well as copies of everything you sent, then go ahead and threaten 'em.
I have followed the example's of others on this board that have shared their experiences. I have green cards, copies of letters, copies of credit reports from all three bureau's showing that the account was not placed in dispute. Then I placed the accounts in dispute and have copies of the credit reports showing the account verified by the CRA's on 5-02-2002. Did I miss anything?
Dear Cash1, I was just reviewing an important FTC Staff opinion for someone else but it certainly applies to your case also. Be sure to take the Wollman opinion with you. In triplicate. So you can shove one in everybodies face. It's at: http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm Here's a clip; "Dear Mr. Wollman: This is in response to your letter of February 9, 1993 to David Medine regarding the type of verification required by Section 809(b) of the Fair Debt Collection Practices Act. You ask whether a collection agency for a medical provider will fulfill the requirements of that Section if it produces "an itemized statement of services rendered to a patient on its own computer from information provided by the medical institution . . .â? in response to a request for verification of the debt. ... Because one of the principal purposes of this Section is to help consumers who have been misidentified by the debt collector or who dispute the amount of the debt, it is important that the verification of the identity of the consumer and the amount of the debt be obtained directly from the creditor. Mere itemization of what the debt collector already has does not accomplish this purpose..." A copy of the original contract or agreement containing your signature is required. Go get em,
Thanks!!! I have read, printed and added the Staff Opinion to my expanding arsenal of information. I have composed my "Intent to Sue" letter and will mail RRR Friday. If they fail to respond I am ready to move forward and file suit.
cash1, Do you have the website for Proselitigant? I have heard people talking about it, but I can't find it. I would appreciate it. Charlie
Well, I had disputed an unpaid medical collection for a bill for a doctor who must have been part of a team of docs that treated me in the hospital. I had disputed with the CRAs in Dec. They deleted from no reponse from CA. All of a sudden, they show back up on CRs. Today, I call the CA and tell them very calmly that I need the name of their POC in the legal dept. to whom I should send service of lawsuit. (This is a local CA in my city). Once the guy got on the phone I told him that I had disputed once, they were not able to validate, and now because of recent reinsertion, I was attaching them to a lawsuit against the CRA for inaccurate reporting. From his reaction, I hope he was wearing a Depends. He apologized and starting talking about how they were bought by another company and somehow their response to the CRAs request for validation must not have been accepted by the CRA because of lack of legal signatures, blah, blah, blah. He put me on hold, and came back and started spouting off what info he had. Dates that I was in the hospital, name of my insurance company and name of my hubby who was the holder of the insurance. I told him that was not validation. He said he would have to talk to a supervisor because they were not allowed to delete for ANY reason. I said well, that is up to you if you want to pay thousands in legal fees over a $50 entry on a credit report. I told him I have no problem going to court and forcing them to account for every service and every Tylenol that allegedly makes up the cost they are trying to collect. He said he could lose his job over it, but he was going to make the decision himself to sent out a UDF. I also told him to send me what he had on me in his file. Get this..... 2 pieces of paper. Computer printouts of when my insurance company made payments to the hospital. That is it. On the line where the patient signs to give authorizatin for insurance billing, etc, there is NO signature. No itemization whatsoever of any services provided, my SSN was not on there, and my name was misspelled. I told him that this didn't prove anything and if I didn't get that UDF within 15 minutes, I was going to attach them to my suit. ( Which I would have fully followed through with) I tell you, anybody can collect for anything and they don't even have proof of a valid debt!!
Thanks for the insight. I sent my Intent to Sue letter today. And like you, I do intend to sue if they don't delete.
They ignored the intent to sue. I am preparing a smalls claims suit now. I had hoped to file last Friday, but it has taken me awhile to figure out who to sue. The company is doing business under many names, which are not listed with the Texas Secretary of State as alias's, which is an issue in itself. I will post when I file.
Re: Med Coll. Validation - I Filed I filed suit today. Four counts. 1 FCRA 2 FDCPA 1 Texas Debt Collection Act $1000 per violation + $93.76 in Costs $4093.76 I also have a suprise for the CA if they decide to go to court. I'll let everybody know what the suprise is and if it works as planned, after my day in court.
Re: Med Coll. Validation - I Filed The collection agency and I settled for deletion. I was buying a new car and needed the negatives removed ASAP. All my Bureaus are now free of any negatives. I got copies of the UDF's. I also got a new car loan from the Credit Union for 5.66% with no EFT and a Brand new Nissan 350z - Super Black. Thanks Creditnet After Inquiries for my new loan scores are: EQ=699 EXP=714 TU=750
Re: Med Coll. Validation - I Filed How do you like that Z car? I was thinking on getting one next time I'm in the market for a vehicle... PAE