I sent the intent to sue to a CA for a medical account. They claim they responded to my validation letter last Dec. (they did not). Then they include 11 more accounts that they found. This is all through the BBB, because I sent the intent to sue letter to both of them. Some of the accounts are for me, some for spouse. They state that they have been in contact with the oc, and that all the accounts are valid. What they sent as validation is abunch of "health insurance claim forms." They have a name, address, date, diagnosis code, and a code for a procedure of service. They are typed, and say "signature on file." I know there is a risk with items under the sol, but here it is 15 or 20 years! The letter was copied to the BBB. They sent it CRRR, but the mailman left the green card attached! What if they send it again, and I am home, do I sign for it, or refuse it? How do I respond? Do I wait for a letter from the BBB? I cannot pay these, but our house is being built, and this will keep our mortgage from going through. PLEASE Help!!! Thanks,
I don't know what state you're in, but you might want to look into privacy laws. It doesn't sound right that a collection agency has been given access to your diagnosis/health information. Maybe you could sue the oc for providing this personal info to someone other than the insurance co., and settle for deletion? Just guessing here. I don't know anything about medical collections.
"I know there is a risk with items under the sol, but here it is 15 or 20 years! " are these debts are 15-20 years old? Or am I reading that wrong?
Re: CA responds with MORE accounts. No, the debts are not that old, the sol in my state is. And, I had to have a clean report for my mortgage. I didn't think it would be very difficult because the ca's did not respond to my validations in Dec. Two of them deleted right away, this one, UCB, sent the more accounts!
Re: CA responds with MORE accounts. UCB in toledo is terrible.. I was 24 hours away from filing in small claims till they finally deleted... They really feel that a printout is validation.. They are terrible to deal with... If you file small claims against them make sure you have your ducks in a row..
Re: CA responds with MORE accounts. I have the letters I have sent, validation in Dec., and intent to sue in Aug., and the CRRR green cards. Do I need anything else? They say they responded to my validation the day after receiving it, but I did not receive anything from them.
Re: CA responds with MORE accounts. Not validating the debt, not placing the debt in dispute on your credit report, continued collections, etc. What more do you want? Thats $3,000 in your pocket so far.
Re: CA responds with MORE accounts. Actually, in the letter to the BBB, they do not mention the account that I asked to validate. They sent several different accounts. The original account was placed in dispute, and they did not continue to collect. They just didn't validate, and are now lying about it. What do I do about the new accounts? Is it a violation of privacy laws, as suggested above in another post, for the oc to give my diagnosis and procedure codes to the ca, and possibly the BBB? They also included "accounts" for me and my spouse, the letter and original account were only for one of us. I am under the gun here to get my mortgage through. Kiyi, thank you so much for your help!
Re: CA responds with MORE accounts. Hey, I have a medical collection that should be deleted from my credit reports. It's still on my reports! They say that they mailed the deletion papers to Equifax. I know this is a little off subject for this thread, but do they as well as Equifax get 30 days to update my report or is the 30 day thing only for investigations. Confused.... Sirrowan
This happened to me 2 weeks ago. Check the letter they sent you. Did they include all the proper "Mini-Miranda" stuff? It must be noted on the letter "this is an attempt to collect a debt" ect. If it is the first time they contacted you there is more stuff that must happen: § 809. Validation of debts [15 USC 1692g] (a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. So my question is did they do as outlined in # 1-5. If this is the first thing they contacted you on these debts then you have them on several violations if they didnt do as written. The Ca I am dealing with didn't do so and I have several violations on them. Whats even better is they sent their computer printout that noted the collection efforts. So they have provided proof that they never contacted me on these debts and have thus hung themselves. I plan to file after labor day for the entire $7500 my state permits.
Re: CA responds with MORE accounts. I guess they covered #1 +2, but definitely not 3-5. They sent Health insurance claim forms, which include amount owed and the original creditor. But they did not include any of the legalese. They also sent forms for both my husband and myself to one of us, can they do that?
