On December 2, I sent a validation letter to a collection agency. NO response. January 4, I sent the estoppel giving them 15 days. NO response. On January 23, I faxed them a letter giving them 72 hrs to remove from my credit report and outlined the FCRA & FDCPA laws they had violated. Jump to today, this is what I receive in the mail from them: Mrs. Pushover We are in receipt of your facsimile dated January 23, 2002. Liars Collections Inc adamantly denies your allegations and in no way violated the FCRA or the FDCPA. We have followed the letter of the law. The FDCPA states that when a request is received for verification of a debt that all communication cease until the debt is verified. Our records indicate we mailed you a copy of the verification on 12-11-01. (What they actually mailed was a copy of a health insurance claim form with nothing but my name, DOB and insurance information and for signature is said Signature on file). Attached you will find another copy of said information along with documents bearing your signature. As far as the FCRA is concerned we have met its obligations under section 623 of the FCRA by updating your files as disputed with Equifax (which they did NOT and did NOT with TU, not listed on EX). Your accounts were reported delinquent before we received your correspondence seeking verification. As for section 611 of the FCRA it applies only to the credit bureau, not us. Sincerely, Jackass Compliance Officer Now what they sent with my signature is #1 a copy of an admission statement that you aren't allowed to smoke in rooms, have weapons, cell phones etc. #2 A copy of an assignment of benefits form. This assigns insurance benefits to the hospital. This CA is trying to collect for a bill owed to the Emergency Room Doctor. Do I leave it alone? Proceed with something else? File a suit (they are in MD, I'm in Texas)? Do I continue to go after the CRA's for the CA not responding to my validation & estoppel letter. This letter today was NOT sent CRR, can they prove they sent or I received it? HELP
I do not have very much experience with any of this, but I do know at the local hospital here in my town, the emergency room physicians are working for themselves and when we go to the ER, we have to sign a separate form that says we agree to pay the ER physicians bill, which has nothing to do with the hospital. So if it were me, I would completely act as if I did not get the letter and go ahead and send copies of the CRRR and validation letter and estoppel letter to the CRA and make them get the proof from the CA. They did not send you anything proving that you were responsible for the bill to the ER physician. Back in December, I had the same problem. I owed the ER physician and I sent the validation and the estoppel. They did not respond to me and I sent all my copies to TU and EQ and they both deleted. So... hopefully it will work for you, too.
