last year I sent a validation letter to a medical collection agency as it appeared on all 3 of my bureaus. they sent their own printouts as validation, i sent 2nd letter and they sent me a summons to court. we went to court and put up a fight well, I guess you could say I won The court ruled the CA were in violation of the FDCRA and the debt was tossed out, I did not get my 1000.00 which was no big deal, but i did have to pay court costs that was ok with me as well, as the attorney for them is an a$$ and he desrved to get beat anyways the CA has never updated my bureau, they still show as active collections, I need to know what letter to send along with my court ruling to the bureaus to have these removed. thanks
I have copies of my court documents here: http://www.crakzak.com/court/ there is a document there called court.tif you will need to right click and save to your HD to be able to view it or print it out as there are 3 pages. If you try to view it in IE you will only see page 1. I pulled my 3 bureaus and MPCS (the CA) is still showing on all 3 with multiple instances as open accounts. THey have never reported that it was satisfied or anything else. Also the court ruling/judement is not showing on 2 of them.. the 3rd has an amount for a judgement of 153.00 but it doesnt specify what the judgement is, so I guess i would need a blanket letter to cover the entries from MPCS and any judgements So anybody, everybody, please let me know what letter to use or what to say to the CBs to get these entries removed from them.
From your court docs it looks like the judge awarded them the amount claimed plus attorneys fees, then awarded you the same amounts as FDCPA penalties, cancelling out the debt. Presumably you want it totally removed, not just marked as a "settled" collection. Did the CA own the debt, or were they collecting for the medical provider?
The CA I assume was collecting on behalf of the medical provider. They refused to fill out the paperwrk i sent them for the validation of the debt. (asking if they purchased the debt if it had an insurance claim on the debt etc...) Yes I want them totally removed. I dont want settled, I want them removed. If you will notice, it has been 1 year since that court ruling.. I pulled my bureau a few days ago and they are still on there. as active unpaid debt... so what do i send the CBs? its really killing one of my scores Equifax 590 its on there 4 times Experian 689 its on there 2 times Transunion 617 its on there 1 time and the big issue is equifax is who i guess the region i live in pulls from... I had a very hard time getting cell phone ervice through cingular because of my 590 score... and to be totally honest... they are the last remining 3 negatives on my bureau
Perhaps you could notify the medical provider that their agent, the CA, is still illegally reporting their erroneous collection account that was cancelled by order of the court, and that you will hold them responsible if they do not remove it.
So i should not send letter to CBs? the listings on the CBs are the CAs listing, will the medical provider be able to do anything ? also shuld i or shuld i not contact the actual CA itself. All and all I would prefer to just deal with the CBs themselves.
The way you would deal with the CRA (or CB) is by "disputing". The CA would then have to verify or correct, or the TL should be removed by the CRA. If they correct, you would want them to remove it entirely. They might also note it as settled with 0 balance. If they said settled for less than full amount that too would be erroneous, since in effect they were paid in full with the damages they owed you. If they failed to respond, the account should be removed. If they verified it as posted, it would be erroneous, and you would have to go after them for FCRA violations. Disputing thru the CRA might be the safest. Problem is even though you won, both they and you appear to have a "judgement" against you, even though you are both even, but on your CR it only hurts you, not them. Was the judgement posted by the CA, or by the CRA's own data collecting? They might be able to technically correct it to paid in full with 0 balance, but if they were nasty enough to not just remove it, they might likely screw it up some way, giving you leverage to force what you want.
Problem with that is that the CRA might put down the "judgement" even though no payment of that judgement is owed (although it looks like that is already on one report), or mark it as a settled collection debt. The CRAs are set up to report negative information on consumers, not CAs. Although the judge decided that it was equitable for the CA to lose their right to be paid for the debt due to their FDCPA violations, he constructed his decision in terms of each party owing the other the same amount. Some low paid clerk at a CRA might or might not preserve this equitable result in your credit reporting. It might be best to just dispute, perhaps as "cancelled by the court". You want to force the CA to either remove it (the best outcome), or set themselves up for a later FCRA suit, so it matters how your disputes, and their actions, might look later in court. They would have no "debt" to pay "damages" the second time, so they might likely prefer to settle by removing, and therefore remove before it gets to court. (Note: I am NOT an attorney.)
ok what letter do you advise me to use? one of the dispute ones listed in the other part of this site?
