Is this a refusal to validate?

I have a paid medical collection that I got back in '96 from a surgery I had to have while in college. I couldn't pay for it at the time, so it went to collection. My parents were actually paying on it, but stopped with about $300 to go in 99. I first got a copy of my credit report about 2 months ago and saw it on there.....so I went ahead and paid it. Now I'm working on getting it removed. I sent the following letter.

%%%%%%%%%%%%%%%%%%%%%%%%%%%

bkelman
Credit Bureau
123 S Main St.
Nowhere,USA

July 30, 2002

Re: Paid Account# 12345

To Whom it may concern,

I am dismayed that your company is continuing to report the above mentioned account. I paid it with the understanding that the negative trade line was to be removed from my credit files. I would like to point out that I first became aware of this account when I pulled a credit report. Your company violated the FDCPA (15 USC 1692g) by not informing me of my rights (mini-miranda) within 5 days of first communication of this account. Communication is defined in 15 USC 1692a: "The term "communication" means the conveying of information regarding a debt directly or indirectly to any person through any medium."

Not only do you continue to report this item, but you are also reporting it inaccurately. Since I was never informed of my rights to dispute all or any portion of this debt, I shall do so now. Since you are required by federal law to report only accurate information to Credit Reporting agencies, I request that you provide full validation of the account in question. By this I don't mean validation that you have my mailing address, or that this is being reported as you think accurate. What I am requesting is the following information:

1. Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
2. What is your authorization of law for your collection of this alleged debt?
3. Please evidence your authorization to do business or operate in the state of Michigan.
4. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.
5. Any insurance claims made by any creditor regarding this account.
6. A complete itemization of services and/or equipment provided.
7. The amounts, if any charged to profit and loss by the original creditor.


If the requested information cannot be provided, I insist that this negative trade line be removed from all major Credit Reporting Agencies. If it is not, please note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan). You have 30 days from receipt of this letter to comply. If my request is ignored, I will use any and all legal means at my disposal to correct this matter.



Thank You,
bkelman

%%%%%%%%%%%%%%%%%%%%%%%%%%%

I sent it CRRR and got the green card back. A week later, I got the following response:

%%%%%%%%%%%%%%%%%%%%%%%%%%%

August 5, 2002

bkelman:

We have reviewed your letter dated July 30, 2002 and found there was no information to support your claim that this account was to removed from your credit file upon final payment. Please forward documentation to the contrary should you have it. You also indicated our collection notice is non-compliant by failing to have the mini-miranda verbiage, which in fact, is simply not true.

Please be advised that your balance was paid in full on July 1, 2002, to which the three credit reporting agencies were notified the account status of paid, that you dispute the claim and the date the claim was listed with us for collection. This factual reporting accurately reflects your payemtn history for this debt.

Your additional form letter requests are superfluous, especially considering you have been making regular payments on this debt since 1996.

Sincerely,
credit comany prez

%%%%%%%%%%%%%%%%%%%%%%%%%%%

So it appears to me that they've simply refused to validate this debt, and they seem to believe this is a from letter.

I've got one of two ways to go with my next step:

1. Dispute the debt with them. I'm thinking they won't won't send a status of disputed to the CRA's. In fact, I'm thinking they won't even really look at my account again. But experian still says the account is carrying a balance/unpaid...so the CA is still reporting inaccurately.

2. Go for validation. The only thing with this is....does paying on the account constitute self-validation? That and....can I have something that is paid, validated?

Any thoughts on what some of you might do for this situation?


P.S. Is the date of last activity the date that the account went to collection, or the date that I sent the last payment?

Thanks for all the help,
bkelman

 

So does that hold true? Is validation irrelevant in this case? Do I still have the right to have the account validated? My first thought is no, because I believe that falls under FDCPA, and they aren't collecting a debt anymore. Is there another angle I could take on it?