Nobody seems to be answering my post on some DV responses that I am getting. I knew if I could get your attention youd be brutually honest with me. ) I've already had some deletions which I am very excited about. Some however are validating with crazy insufficient stuff. Do I just keep responding according to the laws on what is required of them or is there a particular letter or method/formula to let them know that I know they have no real proof of debt validation. I'm not really sure what to do next, but I am sure these papers do not support proper DV. Thank you in advance so much. I just found out my new house being built is set for close in August, so I'm in crunch mode.
If you are closing in august, you want to get your reports in line now. You don't want surprises, nor do you want to pay anyone you don't owe just because they put it on your reports at the last minute. Are you dealing with accounts that are yours, but the amounts they are attempting to collect may be erroneous, may have been paid, may not have accounted for payments made, etc? Are you dealing with accounts that are yours, but they are past SOL, and past 7 years, so whether they are legitimate or not, they are illegally putting them on your reports? Or are you dealing with accounts that may not be, or probably are not yours in the first place? If push comes to shove, and you go to court, how hard can you push?
Yes, OnTrack...they are mine. But, the companies have no contracts, no proof of statement of account. The balances are not correct or I would do a delete for payment tactic. I DV'd one company and they sent back to me a treatment of consent w/my signature. This does have an insurance clause(ie, non-payment for any items not authorized by insurance), but no items are listed on this page and everything else they sent back to me as DV is incorrect balances, phone, number, addresses, etc. Also, I had NO insurance at the time. What should be my next step? I only have two items to take care of. Both are sending back non-sufficient DV or not responding to DV at all. This is my first go around with DV letters and I'm kinda stuck as to what my next step should be. THANK YOU FOR ANSWERING and THANKS FOR YOUR HELP!!!!
Oh, i almost forgot. I have sent the credit disclosure form with all DV's. Both of the items I am talking about are medical. Neither company will respond back with the disclosure form. Does this help me as far as moving forward in any way???
"but no items are listed on this page and everything else they sent back to me as DV is incorrect balances, phone, number, addresses, etc. " Then tell them their validation is not adequate. Be specific. They did not include an accounting for how they arrived at the amount they claim is due. They have not shown what the charges are for, and when they were incurred, or whatever. What is wrong with the phone numbers and addresses? Are they not yours, or not any doctor you used, or what? Is this even your account? You want your dispute to be rationally based on the gaps and inconsistancies in the validation, in case you have to go to court. You want it clear that what they have provided is not adequate to determine its accuracy, and you want it clear that that is why you are disputing. You want it clear to a judge that if they have not been paid, it is due to their own failure to properly validate, or that the original medical billing records are messed up, and therefore suspect.
I don't know what you mean by "credit disclosure form". My own preference is to write my own letters, specifically targetted to the issue at hand. Since you have in fact disputed, have they notified the CRA that this TL is in dispute?
Ontrack, The credit disclosure was used as in Butch's first letter of validation in the sample letters on the forum. It appears to be something they are clear to avoid though. I def. adjusted the validate letter for my specific situation, but since these are medical bills I feel that they might have written it off as bad debt or received a tax cut for the bill. I will get on my next correspondence to them. Thank you for your help. I doubt they have notified the CRA's of any dispute. Can I do that myself??? Thanks AGAIN!!
Tax writeoff by the original creditor has no bearing on liability of the consumer. If they don't expect to be paid, they write it off as a loss; if they then get paid anyway, they then add it back as income; if they sell it, they add what they sell it for as income. Their tax accounting is between them and the IRS. Failure to notify the CRA that the debt is in dispute is just something to add to a pile of FDCPA violations, should they fail to respond with adequate validation, and should you go to court. See 807(7): http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#807 You might argue over whether the validation is adequate or not, but if you disputed with them, and they did not update their TL to show it as disputed, it's pretty black and white.
