About a week ago I posted a message about a response to a vaildation letter. It ws for a medical bill and the CA sent me back a printout from their computer and a little newsletter (Butch knows what I'm talking about) Yesterday, I got a letter in the mail saying that I have to pay now or they'll report it on the credit report. The printout isn't proper vaildation from what I understand. Maybe I'm wrong. What should I do? Hold it and wait for more violations? The debt is only for $440. Anyone?
PS... I just called the hospital and they have no record. No balance or anything. Just an account number that is 1 letter different from what the CA told me.
Since there aren't any definitions of what IS validation, only what isn't (FTC Opinon and Spears v Brennan), you are going to have to address this head on, that this isn't proper validation, a printout is not acceptable per the FTC, and they should try again.
http://www.ftc.gov/os/statutes/fdcpa/letters/bergstrm.htm I found this on the FTC website. Would this help me? "Mere itemization of what the debt collector already has does not accomplish that purpose."
I came up with this letter, please let me know what you think: March 23, 2004 Kim Reider FirstCollect, Inc. PO Box 7900 Sparks, MD 21152 RE: Account FBI00314248023D Dear Kim Reider: In response to your letter dated March 2, 2004, the information listed on your itemized statement does not satisfy the requirement for validation. My I direct your attention to the FTC opinion letter to Mr. Wollman dated March 10, 1993. Mr. Wollman addressed the question of whether a collection agency for a medical provider will fulfill the requirements of Section 809(b) if it produces â??an itemized statement of service rendered to a patient on its own computer from information provided by the medical institution.â? in response to a request for verification of the debt. The response from the FTC was no. â??Mere itemization of what the debt collector already has does not accomplish this purpose.â? Enclosed please find a copy of this letter. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. You have fifteen (15) days from receipt of this notice to CURE THE PROBLEM. I have damages. Failure to respond within 15 (3 times longer than the FTC itself would expect) days of receipt of this registered letter will result in a probable lawsuit, quite possibly in Federal District Court, in demand of a Jury Trial, for, but not limited to: Defamation Willful, Negligent noncompliance with the Fair Debt Collection Practices Act. Violation of the Fair Credit Reporting Act Should I obtain a judgment against your company, I will petition for a Writ of Execution from the Sheriff's office in your county, and I will begin the process of attaching property or funds to satisfy said judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This is not a statement, election, or waiver of status. Sincerely, Me What do you guys think? I know that I'm probably bothering the hell out of people but I need to have this taken care of quickly. I'm really not this annoying. PROMISE!
