In June I sent a validation letter to a CA that listed three different medical collections on my CR. They did send a computer print out on two of the accounts. They also sent several bills. The end of August brought another bill, with four accounts listed (name of med. facility), no acct. numbers, and amounts. The letter also said I had five days to review with my attorney. Within the five days I sent another letter, again mentioning the disputed accounts (which they never put in dispute and verified with CRA) and disputed the listing of the four accounts with no account numbers. I also mentioned that the SOL on the three accounts listed on the credit report are up. The letter from their attorney came within five days of the CA signing for my letter. It is on the attorney's letterhead, the address is the same as the CA, he has lumped all the four of the accounts listed in their August letter together under one medical facility (it is really three different ones). And gave me five days to pay. I did check on line and this lawyer has a public record of disipline. How would you respond??
Does the letter have a wet-ink signature on it or is it printed, like the letterhead? I'd send a letter back and state that you Both know the SOL is up for the 3 accounts and the account they "merged" into the same medical facility's accounts is obviously erroneous and possibly fraudulent. You might also make a cheeky remark about his record and let him know that you're forwarding the letter to the Bar Assoc and Attorney General. Then, I'd Send a copy to the state Bar Assoc and Attorney General, outlining the factors and errors of the situation. Slap this guy's zipper open !! Maybe you can keep them from going after somebody else in the future.
Carefully go through these issues over the next cpl days and get answers to each. Treat each of the 4 accts. as a seperate issue. Also treat each item of communication, whether by mail or phone, as a seperate issue as they concern each of the 4 different accts. Oh - also check the FTC and your's AND their AG's site for any formal actions. Also go through all the complaint information from the BBB and print that out too. Once we have that we can tell you how to SUE THEIR ASSES OFF. Gawd I hope your in Ohio!!!!
Butch, In June I sent three validation letters (one for each different account number) to the same CA, didn't think of combining them into one. All sent CRRR. In the validation letters I mention that I noticed the collections were on my credit report. (I have since searched my records and the last time I had heard from them was late 1996 on one and spring of 1997 on the others.) Abt. 1-1/2 mo. later, early Aug., they sent two seperate bills and attempted to validate with computer printouts on two of the three disputed accounts. Two weeks later they sent the bill that said consult your attorney. I am in California, and so is the collection agency. As far as I can tell, CAs are not required to be liscensed or bonded in this state. It sure looks like the attorney signed this letter, no where is a miranda in this letter, just the threat of a lawsuit if I did not send full payment in 5 days. I already checked with the BBB, the lawyer lists another address there (another collection agency also is at that address). So his address is on two different sides of town, both are also listed as CAs. I did check out the State Bar, that's how I knew he had a public record of disipline. Calif. Civil Code 1785.25(c) requires that if consumer disputes account, the provider of information is required to include a notice of dispute. I have disputed with the CRA's. The three accounts are reported only with one CRA now. But the CA cont. to verify. I know there are also Federal laws governing this.
Late 96? What do they have as the DOLA on your CR? Does it coincide with your records? When did you receive the letter from the attorney stating pay within 5 days or get a lawsuit? Has the 5 days come and gone. IF so, there is violation #1 (threatening a lawsuit without following thru). You've also got the FCRA violation of not marking in dispute. Oh and the continuing collection activity after receiving a dispute from you (assuming all the letters you sent were disputing these accts.). I'm sure I could go on, but it's late and well.....Butch is better at this when it's late
I would think they should send you a copy of your medical chart supporting you indeed rec'v each service and agree to it. Otherwise anyone can say you got XXXXXX when you never did. My doctor has me sign after each service rendered. I like this. Question. If they give her 5 days to respond and pay, why can't we demand they respond to us in 14 days (when disputing directly with the collection agency?)
Your right it is late. The letters sent in June were dispute/validation letters. In the last letter I sent in reply to their bill, with "consult your attorney", I also told them the three accounts are still disputed, and the four mentioned without account numbers were also disputed. And yes, the five days have passed although not by much.
Wow - then the atty. IS a debt collector and governed by the FDCPA. You have more violations here than I can even say a prayer over. It might be wise to start thinking of who (atty. wise) you might go spend an hour with who might help clarify some of this. In fact the Atty's attempt to place 3 accts that are beyond the SOL into one acct and trying to call it recent, might be considered Willfull Constructive Fraud. Willfull, because he did it AFTER you pointed out that the SOL is up. I was waiting to make sure you had proof they received your letters. Anyway since they haven't validated don't worry about the time table. I doubt he's really gonna file, which as KHM points out is another violation. In fact you have him dead to rights on so much stuff. If he does file a suit against you he's pursuing collection activity that cannot legally be taken. If he doesn't he's in violation because he said he would. I mean this guy is REALLY stupid. LOL
Thanks, Butch. I do know of an attorney in the area who is knowledgeable about the FDCPA and collection law.
mtnair, where in California are you? I am looking for an attorney, can I borrow yours? I am in Orange County, are you close? I noticed that you weren't naming names; does the CA's name start with J.J.?
Check this website: http://www.naca.net/db.php3 You can do a search by state, this is how I found the attorney, I need to make an appointment with him. Hope this can help. And by the way the CA does not start with J. I was vague because of trolls.
