Hi all. I am a new member, and I have a question for you all. I have two paid collection accounts with the same CA. These accounts were originally submitted to CRA's about six months ago, and were paid two months ago. They now show paid, but are still on my CRA listings. Should I try debt validation with the CA's, or should I dispute them with the CRA's? They are both with NCO on medical bills. If I should go debt validation, what type of letter should I send? Obviously, it is well past the 30 day mark. They filed a lawsuit against me, and I paid them rather than going to court. The debts were due to the hospital failing to file properly with my insurance company. A year had ellapsed since the initial bill, and that is why the insurance company will not pay. The insurance company says that it is the hospital's responsibility, and the hospital says that it is my responsibility. Keep in mind that I am a member of an HMO, and have been a member for 6 years with the same company, and same health care organization (Freeman Health Care Systems). I have entertained the idea of filing a small claims suit against the hospital, but it is most important to me that the CA remove the activity from my credit reports. If I can do that, then I will just eat the fact that I lost the money to the hospital, and will know better next time. I have only recently began learning that there are ways to fight these companies. Thanks to all for your replies.
You could go the validation route (example letter below), or you could go ahead and file suit against the hospital. They would most likely be willing to settle before the matter went to court. As part of the settlement have them direct the CA to delete. sample letter: April 23, 2002 Any Collection Agent Address Town, State xxxxx Your Name Your Address Your town, xx xxxxx Re: account #xxxxxxx To Whom it may concern, I am dismayed that your company is continuing to report the above mentioned account. I paid it with the understanding that the negative tradeline was to be removed from my credit files. I would like to point out that I was contacted about this account without having previous knowledge of it. Your company violated the FDCPA (15 USC 1692g). Since I was never informed of my rights to dispute all or any portion of this debt, I shall do so now. Since you are required by federal law to report only accurate information to Credit Reporting agencies, I request that you provide full validation of the account in question. By this I don't mean validation that you have my mailing address, or that this is being reported as you think accurate. What I am requesting is the following information: 1. Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. 2. What is your authorization of law for your collection of this alleged debt? 3.Please evidence your authorization to do business or operate in the state of Florida. 4. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. 5. Any insurance claims made by any creditor regarding this account. 6. A complete itemization of services and/or equipment provided. 7. The amounts, if any charged to profit and loss by the original creditor. If the requested information cannot be provided, I insist that this negative tradeline be removed from all major Credit Reporting Agencies. If it is not, please note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous credit information (Nelson v. Chase Manhattan). You have 30 days from receipt of this letter to comply. If my request is ignored, I will use any and all legal means at my disposal to correct this matter. Thank You, Good Luck. Gib
Oh, and welcome to board. You have found probably the best source of information available for free on the 'net. Some of the memebers here posess an amazing wealth of information and share it freely. Please take time to read the FAQ and read through some back posts. Gib
