Hey all. Real quick background. I had a medical bill go into collection, with a local po-dunk CA. I was trying to clean up my credit, before I found AoC and paid it thinking it would help my score. Anyway, I called the day I paid it and asked for what I owed, I was told $75. I droped a check of that night through their mailslot in their door about 5 minutes after they closed. I though all was taken care of, but about a month later I get a bill for $12 and change, saying interest. I think they realized I was stupid enought to pay the first time, why not try to get some more out of me. I had found AoC by that time and sent a DV letter in the first part of the year, the stupid thing is, because it was a local company, I didn't send it CMRRR, IDIOT. Haven't heard anyting back yet. I think I have enough here to draft an ITS, which I have dont, citing sections of the FDCPA such as misrepresenting the ammount of the debt etc, I then disputed with the CRAs and they verified the information, and changed the ammount due from $0 to $12. I think I have some FCRA violations here also. i would appreciate responses about what ya'll think about my "case" or lack thereof. I am not looking to get paid, simply for a TL deletion. Thanks Brian
Is it reporting as delinquent or what? Does the balance still show $12? I would send another DV to the CA, this time CMRRR, advising them that they are violating your rights by not substantiating the debt they are reporting. IMO, it's a little early for ITS.
it shows as a collection account with a balance owing, the $12. I am going to send another DV off today, don't know why I didn't send it CMRRR the first time. Anyway, so I will hold off on sending the ITS for now, I still have quite a bit of work to do, not on the ITS but on the Federal Complaint. Thanks for the input brian
If they are claiming it is "interest", they better have the interest terms in the original agreement you signed with the medical provider. How old is this account? Even at 10% APR, $12 would be almost 2 years of interest. Have you made sure the amount is even due? Was there insurance coverage, and is the amount being collected in agreement with your EOB? Is the medical provider in-network, bound by contract to accept your insurance company's terms?
All good points. How would I go about checking to see if the original contract allowed for insurance? Isn't that something they would have to provide in response to my DV? And the clarify I called the morning that I paid and was told the balance was $75. I paid them via check, that night in the mail slot, so even if they didn't get it until the next morning, the intrest would have had to been accrued in 1 day. Getting ready to send of my second DV, don't expect to hear anything back form this one either. If they don't respond where do I go next?
Since you don't expect to hear anything back, and since the track you are probably on is small claims, prepare your paper trail. All communications in writing, CRRR. What is on the table is not just $12 more they want to collect, but removal of their negative TL, and possible FDCPA damages. For $12 they may be assuming you will just pay (if they just tacked on their own "interest"), since even the filing fees, to you (and to them) exceed this. The value of clean credit, or possible FDCPA damages exceeds the filing fees. You may also want to memorialize, in your next letter, the phone conversation where they said $75 was the amount due, referencing your check for that amount that was then sent to pay off the account. Have they sent you ANYTHING in writing, either for the original amount, or the "interest" they now claim is due? The FDCPA violation "state" is rather interesting: They contacted you, you paid what they said was due. Normally they would have had to send you the first letter, notifying you of your right to dispute. An exception is if you have paid the debt, in which case they don't have to send that letter. The other exception is if they notified you of your FDCPA rights in their initial contact. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 But what if they now claim an additional amount is due? That exception would no longer apply. Either the $12 is a "new" debt, not disclosed at that time of initial contact, or you did not "pay the debt" they now claim is due. They now have a legal requirement to send the FDCPA required notice of your right to dispute within 5 days. No written notice, FDCPA violation.
ontrack, thanks for the great input. I recieved the tyupical dunning letter and several after that, back when I was ignorant I didn't care so I just threw them away. So I did not dispute in the 30 day window. They just update my report in response to my dispute, so I think I have some FCRA violations, I just need to check of the FCRA closely. I have re-written the letter laying out my payment etc., and well see what they do. Should I alude to possibly filing a federal complaint, this is a little podunk local collection agency in a town full of ignorant drunks, so I doubt they every get anyone that knows there ass from a hold in the ground. I don't image it will take too much pressure to get them to roll over on this. Thanks for the input so far, keep it coming
