Hi everyone. I have a medical collection account that has now been turned over to NCO. I got a notice from NCO in Oct 2000. I had disputed a similar amount with the insurance company a while back, so I sent NCO a request for validation. No response. Another request-December. No response. Have now sent them a final request, letting them know that I intend to take this up with the FTC, Atty. Gen. office, etc. This was not on my reports as recently as January 2001. I pulled my transunion a week ago, and it has been inserted! And the date on it is October of 2000, which if this is for what I think it is, the original date was May 1997! I have all of my original documentation on for validation request, including certified mail receipts...what is the most effective way to dispute this with Credit Bureaus? Wrong Dates? Failure to respond? One more thing-the insurance company has since been bought out several times over since I originally disputed this. I do not have any records of the dispute w/them-did it over the phone (Yes, another example of why to document). And I used to work at the hospital that this alleged debt is for-and I know that the records for this have probably been shipped off to medical records purgatory with little chance of coming back since it has been so long.
NCO has been known to do this. I also have the same problem as well.. and have this on my CR along with Cavalry Investments and Coldata doing the same thing.. you might wnt to check with MBA9999.. he said there is currently a lawsuit for this going on..
When the time limit you gave them expires on this last letter, post and I'll email you a great final letter. You can then send this last letter (a copy) along w/ copies of all your letters to NCO to the CRAs. They're redating your account. They've failed to validate. You are going to eat them for breakfast. IF I were you, I'd wait until how ever long you gave them for this last letter, and honestly, I'd call NCO and talk w/whomever is their highest person there. Talk w/them, get his fax #, fax him the letter we'll compose as a followup (I've got some new, nasty phrases) and let them know you WILL sue. Be prepared to do it, but for FCRA violations it's a cakewalk. You get 1,000 for every violation: failure to validate and then still report is a violation, redating the account is a BIG violation. YOu can get some easy money in small claims court, honestly. Anyway, if making this issue go away is the real issue, then you can always require them to not only remove all credit entries but if it gets this far, frankly, I'd report to all: atty general, FTC, and I really would sue them in small claims court. YOu have cause and it'd be easy. Once they receive a lawsuit they'll want to settle w/probably only removing it from your bureau reports... so then it's up to you. Personally, if it goes this far: I'd sue them and get the money for the violations, at a minimum. I've also heard you can sue them for the open amount of the account (the amount they're trying to collect from you). When you've sent all the letters you're going to send to NCO, I'd copy all the letters and proof of service and send them to the original creditor. See if you can scare them off totally and make them NEVER send this account out again for collection.
Hi Marie, I may be going through this process once the SOL is up as well.. would it be possible for me to obtain a copy of the "letter" as well? My email address is: ender510@yahoo.com. I would definitely love to sue them if I receive the same response as Keltex which I can of anticipate.. at least for $1k for each violation.. and even suing for the "open amount" of $17K which is what they are trying to collect from me would even be better.. but how on earth would you go about collecting this?? Let's say you do win in court and you do win and you don't settle.. how would you enforce them to pay you as well as remove the tradelines? This would probably include cloaking as well, wouldn't it?
go back and search "validation" all the info, links, sources, and letters are posted. The letters are validation1, validation2, and then there's a followup letter 2 posts after val2. The last letter I'm talking about is a nasty compilation I haven't yet posted. It's a "when it's all done and the s&^% is about to hit the fan. It states the harms, the penalties, quotes the law, and has worked to chase a very LARGE National bank away from me w/an apology and a complete removal of ALL info regarding the account. I didn't push the violations, but now I wish I had bothered. 3,000 or so for 3 absolute violations would've been fun... but I know a lot more today than I knew a year ago. I was going to modify it a bit for him if he needs it. I love people who finally fight back!
A collection agency that I had sued here in Pittsburgh several years ago, in which I think I alleged either 94 or 97 violations of the FDCPA, defended my claim for $1000/violation on the basis that some courts have ruled that the $1000.00 civil penalty means $1,000.00/per account, or per debt, and not per violation. Both sides submitted briefs on the issue, but the Court (a judge of the United States District Court in Pittsburgh) never had the opportunity to make a decision. The people at the collection agency had permitted me to record several rather lengthy telephone calls. During the pendency of the lawsuit, I had the tape transcribed and I furnished a copy to the other side. The other side really did not dispute my contention that there were really many many violations. Rather, it cited caselaw supporting its position. It filed a paper with the Clerk of the Court called an Offer of Judgment in the amount of $1,000.00.
As a follow up to Ender's comment above that "Author: Ender Wigg (---.core.hp.com) Date: 03-08-01 09:21 NCO has been known to do this. I also have the same problem as well.. and have this on my CR along with Cavalry Investments and Coldata doing the same thing.. you might wnt to check with MBA9999.. he said there is currently a lawsuit for this going on.. " NCO and the three major CRAs are defendants in a case filed as a class action in federal court in Philadelphia wherein it is alleged that NCO has re-aged stale accounts to make them appear current. It is my belief that the Court has not held any class certification hearing yet.
