Validate or Dispute?

Discussion in 'Credit Talk' started by Fl2BoysMom, Jul 6, 2015.

  1. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    These are some of the 'Adverse Accounts' showing up on my credit report.

    I am fairly certain that they are multiple ER bills for each of two separate visits, but I'm not sure.

    I don't get letters or phone calls, but these accounts are on my credit report.

    Do I ask for debt validation from the CA or do I just dispute with the CRA? If both in what order?

    I read the 'note' on the 'debt validation' letter in the sample letters sub-forum that said that it must be sent within 30 days of receiving the bill for it to have any 'teeth,' but if I ever got any 'bills,' it was a long time ago and I don't get them anymore. Now it's just affecting my credit report and score.


    Commonwealth Finance $1,155.00 07/01/17 TU Experian
    Commonwealth Finance $59.00 07/01/17 TU
    Commonwealth Finance $65.00 07/01/17 TU
    Commonwealth Finance $52.00 07/01/17 TU
    Commonwealth Finance Systems $63.00 10/01/17 TU Experian
    Commonwealth Finance Systems $54.00 10/01/17 TU Experian
    Commonwealth Finance Systems $1,213.00 10/01/17 TU Experian
     
  2. jam237

    jam237 Well-Known Member

    Hello there. :)

    This is what I would do.

    The validation section says that within 30 days of the first communication that has the validation notice; the caveat is that NOTHING happens on the 31st day, except that they can have the PRESUMPTION of the validity of the debt, UNTIL they are told otherwise.

    Did they send a letter that had the validation notice? Who knows? Did they send it to the wrong address because of errant skip-tracing? Who knows?

    The important thing is; sending them a validation letter tells them that their PRESUMPTION of the validity of the debt is expired.

    The only thing that YOU may lose (if they can prove that they correctly sent a letter with a validation notice long before (at least 40 days - 5 days for the mail to be received by you; 30 days for disputing the alleged debt; and 5 days for them to receive your dispute - THIS is why foreshadowing can occur if they demand a payment at the 30 day mark or something negative happens - they need to account for the presumed 10 days of mail travel time); they received your validation letter) is the ability to SUE them for the continued collection of the debt, before they obtain and mail validation of the debt.

    Once you know that they've received the validation notice, I would then dispute the entries on the CRAs that they are reporting to; again, the only thing that you MAY lose is the ability to argue that they've violated the FDCPA by continuing collection activity by verifying the debt with the CRAs before they've obtained and mailed the validation of the debt that they've OBTAINED from the OC, to you.
     
  3. Fl2BoysMom

    Fl2BoysMom Well-Known Member

    Thanks jam! Good to see you back. :)
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Hey Fl2BoysMom- I realize this post was from last year, but I'm curious to hear if you made any progress with these old medical debts? It looks like jam gave you some solid advice- did you follow through with the debt validation letters and the subsequent CRA disputes? Look forward to hearing from you.
     

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