lost the battle or beginning a war?

Discussion in 'Credit Talk' started by tryinhard, Sep 18, 2003.

  1. tryinhard

    tryinhard Well-Known Member

    I have a medical collection on my credit reports for a relatively small amount but its the principal of the thing that I wont pay it, I asked repeately for validations and I even sent ITS, well I come home today to the mail and this is what the letter said:

    "Dear Tryinhard,
    Our office is in receipt of your dispute letter dated Sept.2003, On July2003 and August2003 our office requested that you provide us with additional information to properly investigat and resolve your dispute letters dated July2003, and August2003. I have requested and received a copy of the signed conditions of admission signed at the time of admission. These documents cannot be released without a signed request and/or signed release, if you would like to forward your documented signature, I am sure we can resolve this issue. Your letter(s) to us requesting these documents was unsigned.

    Further, due to the confidential nature of said document, I would need some type of personal identification to insure they are being released to the proper party. (i.e. Drivers License, Social Security Card?

    Please note, if you fail to provide the requested information within fifteen (15) days from the date of this letter, our office will close the investigation due to your failure to provide the necessary information to resolve the matter. IN ADDITION, THE ACCOUNT WILL BE TRANSFERRED FROM THE DISPUTE DEPARTMENT TO THE APPROPRIATE DEPARTMENT FOR HANDLING INCLUDING, BUT NOT LIMITED TO, ACTIVE COLLECTIONS.

    If you have any questions or concerns, please fell free to contact me directly."

    Is this for real?? who is right here? what do you make of this letter, and any suggestions on what to do next? Thanks for taking the time to read and respond, I look forward to your response.
     
  2. jlynn

    jlynn Well-Known Member

    What it sounds like is they are somehow referring to the new HIPPA laws. No experience here personally, so I can't tell you if they are blowing smoke or not.

    Do a search on HIPPA and see what you find out. You might also search on a poster by the name of Whychat, and see if you can find a link to his site (don't have it handy). Lots of excellent, reliable information there.
     
  3. Flyingifr

    Flyingifr Well-Known Member

    How's this for a response:

    Dear Dick-head Collection Agency:

    You didn't need my consent to put this matter into my credit file. Nor did you need my signature. When it came time to screw up my life, you didn't need any identification from me. Now you are saying you need identification from me to let me see what you have already told the world is my responsibility? Are you kidding?

    Your response to my request for validation pursuant to Federal Fair Debt Collection Practices Act is legally deficient. Any further attempt to collect this debt from me will be answered by a Court Summons for $1000 Statutory Damages.

    What this means is - if you send me another letter without proper validation - enclose a check made payable to me for $1000 or I will sue. If you call on the telephone (This letter is to be construed as a Limited Cease-Communication Letter pursuant to FDCPA prohibiting you from communicating with me in any way but by mail) you are instructed to send me a check payable to me for $1000 BEFORE your phone call, or I will sue.

    Each communication from you to me from now on, without proper validation of the debt preceeding it, will cost you $1000 each time. Do whatever you feel best. I will do the same.
     
  4. tryinhard

    tryinhard Well-Known Member

    A. The "No Disclosure Without Consent" Rule

    "No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions]." 5 U.S.C. § 552a(b).

    Comment:

    A "disclosure" can be by any means of communication -- written, oral, electronic, or mechanical. See OMB Guidelines, 40 Fed. Reg. 28,948, 28,953 (1975).
    __________________________________________________
    Is this something I should recite to the ca? I typed the letters btw without signing em, afterall it is a CA. I did look up everything I can find about this situation, I may have missed something Jlynn, if you know of anything in Hippa, I could use, let me know please. Thanks
    Flyinfir, I looove the letter.LOL I want to use it, especially Dear Dickhead, lol I think I need amo too, something that directly tells them (in law) that they are not required to have my signature. I did state that the burden of proof is on them, not the alleged creditor. But they didnt even address that. Let me know what you think. Thanks
     
  5. tryinhard

    tryinhard Well-Known Member

    Jlynn Also, I tryed a search on the poster Whychat, and a box comes up that says =Straight talk message: there were no matches for that you specified, did I spell it wrong?
     
  6. jlynn

    jlynn Well-Known Member

    Re: Re: lost the battle or beginning a war?

    http://community-2.webtv.net/Y-chat/WhyChatsCredit/
     
  7. tryinhard

    tryinhard Well-Known Member

    Re: Re: lost the battle or beginning a war?

    thanks for the link
     
  8. keepmine

    keepmine Well-Known Member

    Re: Re: lost the battle or beginning a war?

    Tryinhard,

    I hope you realize that you're quoting portions of The Freedom of Information Act and that does not have a thing to do with collection agencies. Agencies in the context you quote mean government agencies.
    Strike that nonsense and use the Dear Dickhead letter.
     
  9. tryinhard

    tryinhard Well-Known Member

    Re: Re: lost the battle or beginning a war?

    oops, thanks i appreciate it, i would of looked like a complete fool. :)
     
  10. tryinhard

    tryinhard Well-Known Member

    Re: Re: lost the battle or beginning a war?

    i really am gone to use the dear dickhead letter, I really like it, (thanks flyinfur :), I may even use the Dear Dickhead part, lol, thanks for the help.
     
  11. WranglerTJ

    WranglerTJ Well-Known Member

    Re: Re: lost the battle or beginning a war?

    I would love to be able to help you out also, as I have almost the exact same letter from my CA (UCB Collections) claiming I need to send them my signature and proof this is on my credit report or dispute through the CRA's and the CRA's will contact them.

    I haven't found anything else about HIPPA either...whether they require a signature to validate identity or not...I wouldn't think so though.
     
  12. tryinhard

    tryinhard Well-Known Member

    Re: Re: lost the battle or beginning a war?

    Yeah, I know, I dont know why the need a signature, except to use it illegally like somehow putting it on an agreement to pay. I requested to be provided proof that this account was mine, why else would I ask for it, if it didnt effect me and appearing on my credit report, I mean they put it on my report so therefore they have enough information about me to do that, so why then a signatue. I am the one requesting "release of the documents" they supposely have, whether the request I made is in "writing" or typed, should not matter. The information they have is about me and I want to see it. Right? Is this wrong? These CA's think ppl are stupid. I would love to know if Hippa requires a signature for this purpose, I cant find it, can anyone else?
     

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