Illegal Activites by CA? Help plz.

Discussion in 'Credit Talk' started by 3dayevntr, Feb 22, 2004.

  1. 3dayevntr

    3dayevntr Well-Known Member

    Background:

    Medical debt at CA for insurance goof up (billed wrong compnay-never fixed it- Supposed to be Hospital's responsibility to eat it if billing error, I thought, but that is another issue)

    Debt has about 5 months until expiry through SOL
    About 300.00
    8/03 Sent validation Never heard from CA.

    1/04 Sent Estoppel letter - in letter verbage included "You must now terminate this collection action and correct any erroneous reports of this debt as mine" etc

    2/04 Received a printout from hospital with letter from CA. Both have another member of my family's name on it and nowhere is my name or my SSN.
    The letter also contained the Mini Miranda.

    So my question is , would the following apply (section (c) below) and is it a sue-able violation for not ceasing communication and attempting to collect when I asked them to terminate? They also never marked the account as in dispute. It has been on my CR for some time-well past the 30 day original window.

    Is the CA required to mark the TL in dispute if they have not updated recently? I thought I read somewhere that they don't have to if they haven't updated (hope I am wrong! :)~

    I am looking forward to your guidance!

    "(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

    (1) to advise the consumer that the debt collector's further efforts are being terminated;

    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

    If such notice from the consumer is made by mail, notification shall be complete upon receipt."
     
  2. 3dayevntr

    3dayevntr Well-Known Member

    bump
     
  3. jlynn

    jlynn Well-Known Member

    When you say "another member of your family", is it your child?

    You did not refuse to pay the debt, and ask them to cease communication from the verbage you quoted.

    If they have not updated recently, does that mean that you did not dispute with the CRA after sending validation?

    30 day original window? I'm not sure what you are referring to.
     

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