Ok... I have 7 medical collections being listed by our local credit bureau. I disputed these - asked for validation of these - and the CA responded by telling me that they cannot provide any information -that I must go to the hospital and request this info in person. While I appreciate the fact that the hospital did not release my medical records to this CA (in fact, I would be very pissed if they did!) isn't the CA obligated to furnish me with validation of the debts if they are trying to collect them? I'm sorry to be asking so many questions today, but today is my day off and the only time I usually have to work on this. Thanks.
Yes, it is the CA responsibility to provide validation of the accounts when requested NOT yours or the hospitals. They (CA) must be the ones to send this information to you!! If they can not provide you with this information then they are should delete it from your reports. Have they at least noted the accounts as being disputed on your reports? If not, thats a violation. Also if a CA chooses not to provide the validation you request (they don't have to) but that means they can NOT continue to attempt to collect the debt until that validation is supplied to you. The reporting of a debt to a credit bureau could be constituted as continued collection activity - being another violation. Check out this FTC opinion letter- it should be useful http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm
Actually, I sent a certified letter that was received on January 31, 2002. (I don't get much time to work on this stuff, so I am very behind.) Anyway, I have copies of all three credit reports from February, March, April... etc. and NONE of them show these accounts to be in dispute. (I really need to brush up on the laws so I'll know when they are in violation, huh?) Anyways, they have never noted that I have disputed these accounts. Further, they told me that because I didn't dispute them during the first 30 days of them notifying me, that I waived my rights to dispute, which, from what I gather is not true either. So, can I go back and say that because they failed to notate the accounts when I disputed - and that I have proof - that they are in violation?
That is a start. Have you received any bills from them since they received your letter? I suggest you take some time to read through the FDCPA, here is a link (for 3rd party collectors- CA) http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm Then read through the FCRA, here is a link (for CRA'S but also a section on responsibilities of furnishers of information) http://www.ftc.gov/os/statutes/fcra.htm Then read some of the FTC staff opinion letters, here is a link http://www.ftc.gov/ftc/opinions.htm The key is to catch them on as many violations as you can and use that to try and get them deleted or you can sue them.
Thank you sooo much for the links. This is exactly what I need. Actually, no, I have not received anything since I sent the validation letters - except for the letter saying that I needed to go to the hospital to get the info that I was asking for. But they did not make the notations on any of my credit bureau reports that I had disputed. Thanks again so much for the links. I really appreciate it.
