Respose to Validation Letter

Discussion in 'Credit Talk' started by heather, Jul 18, 2001.

  1. heather

    heather Well-Known Member

    I sent a validation letter last week to the collection agency. I got a certified packet from them today. I asked in the validation letter for them to provide any documents with a signature for my husband on them. What I got was 10 pages of doctor's bills, with a breakdown of what insurance paid, and balance left. There is no papers here with my husband's signature. These are not his bills, he was the primary for the insurance, there is nothing, to my knowledge, with his signature on it.

    What do I do now? This is my first validation letter and I am not sure what to do next. Thank you.
  2. bbauer

    bbauer Banned

    Heather, send me an email and I'll help you along at least a little bit

    I think you are just about home free if you play your cards right. A couple of small suggestions should do the trick.
  3. heather

    heather Well-Known Member

    The balance is a little over $1000. This was the balances after insurance paid. I am the one that always took my 4 kids to the doctor, I am the one that would have signed any papers. I cannot think of any time that my husband would have put his signature on any papers. None of these bills belong to my husband, they are for me and the children.

    I spoke to my husband earlier and told him about the papers I got, I asked him if I should just have them put the bills on my credit file since I am the one that took everyone to the doctor, I should be the responsible party, not him just because he is the primary insured.

    From what I get on the SOL it has ran out, the date of last activity was in 1997. I know that we probably do owe some of this, I am just not sure what.

    There was a cover letter from the physcians group turning this over to the collection agency. There was no signed contract, just a letter saying my husband was the responsible party, and then giving the list of the patients, me and the 4 kids. Then printouts of all the visits, what insurance paid etc.
  4. breeze

    breeze Well-Known Member

    That's not proof that the debt was his. I had one where someone who stole my wallet not only used my cards and bank account, they used my health insurance card to go to the doctor!!!

  5. heather

    heather Well-Known Member

    Breeze, I know they have not proven it is his, but I do not know what to do next. I am new at the validation thing. I think I should just have them take it off his reports and put it on mine, he will be the primary on our mortgage loan, so it is in our best interest to have it showing on mine. I was told by the mortgage company that medical collections are not a factor and were ignored.
  6. MartysGirl

    MartysGirl Well-Known Member

    My mom is in the same situation!! She just got back a letter from the CA after sending a validation letter. They are asking her for her S.S.!! They are stating they aren't sure about the last names on the accounts. But... The account is her name before she remarried 6 years ago. She sent them the account numbers on her credit report they have listed.

    Should She give them her Social?

    And if she shouldn't give them her Social..How should she go about?


    P.S. I know this should of been posted on its own but.. I thought it could help us both.
  7. breeze

    breeze Well-Known Member

    When you go to a doctor for the first time, you have to fill out a form that states who is the responsible party. Would you have put his name on that form, since the insurance was in his name? If so, then they have validated it.

    I was assuming the debt wasn't yours in any way shape or form. I would say chances are, you put his name down on that form. It was accepted without question because the insurance was in his name, and therefore the CA actually has validated this debt.

    If the debt is past the SOL, you don't have to pay it, however. Here we go into one of those situations where you have to decide your own ethics, LOL. The law says you're home free if the SOL has passed. However, they will leave an unpaid collection on your credit report for 7 years unless you make them take it off. You can make them take it off. So, you have to decide whether to call them up and make payment arrangements, and then you will have this on your credit report as a paid collection for 7 yrs from the date the debt was first delinquent, or you can invoke your rights under the law, use the SOL as your defense and then either, let the unpaid collection sit there, screwing up your credit report, or take action to make them remove the entry from your report. Actually you can also make them remove it if you pay it.

    Your call. Which advice do you want?

  8. heather

    heather Well-Known Member

    I do not know if I put his name as the responsible party of not, it is possible? This was 5 years ago, so I am not sure.

    His signature is not on anything, I can say that for almost a fact. Just because I may have put his name down makes him the responsible party?
  9. bfllover

    bfllover Well-Known Member

    Please advise me also--my med coll account is only 2 years old sol has not ran out...I will pay--thought insurance had paid it.How can I get it off my credit report.Recently when I pulled it up on my cr report,I called to negotiate for deletion for payment.They said no-it would remain listed as paid??
  10. breeze

    breeze Well-Known Member

    Yes, it would. Imagine this - your hubby is at work, you have an appt for one of your kids with a new Dr., You go in and fill out the paperwork, put hubby as responsible party, and the Dr's office says "I'm sorry, we'll need your husband's signature on this." And you say, but this is our insurance card, it shows right here, ...." and they insist, "no, I'm sorry the Dr will not see your kid until your husband signs the form..."

    If the insurance card had his name, and you put your name down as being responsible, I think it would be questioned...

    but I don't know what you put there......

  11. NanaC

    NanaC Well-Known Member

    OMG, this was sooooo funny! Breeze, you have brought me to tears!

    Heather..the advice here is exactly have two paths to take and Breeze has outlined them perfectly. If you let us know which road, then you'll get good advice as to how to proceed.

    Good luck!
  12. heather

    heather Well-Known Member

    Okay, if I pay it breeze, how can I make them take it off? It is not a question of owing it, I just don't want it on my husband's reports, he did not sign anything, I did.
  13. breeze

    breeze Well-Known Member

    Do you want to pay it? Which collection agency? How much money are we talking about? Did you talk to them and admit it was yours? Are they still calling you or sending you letters?

  14. heather

    heather Well-Known Member

    I do owe the money, and I do feel guilty about the debt, so yes, I would like to pay it. I have not heard from them in probably two years, until I disputed the account on my husband's report and brought him to their attention again. The letter I got asked why we were not paying and that is about it. I then sent the validation letter out. This is a collection agency that operates in one state, Bill Bauer is familiar with them. There would be no advantage to paying this if it was not deleted.

    I have heard that you can get agreements to pay it in excahnge for deletion. Even if you had a letter from them stating this, how can you be sure that they would take if off after it was paid?
  15. bfllover

    bfllover Well-Known Member

    It is for close to $150 and sure I will pay it.Collection Co is called Healthcare Collections Inc. and is local.I called them after seeing it on my credit report 1 week ago.No--they havenot called or sent any letters as yet.I simply asked them What is this for and they saidfor such and such medical group.I said How do I know its mine and they said it is under my social.I said well I need it off my report-would they delete it if Isimply paid it.This was 3 years ago when my son has appendectomy with many diff docs etc.I thought insurance paid it.They said no after speaking with supervisor.I have not paid it as yet just want it off off off----Thanks
  16. breeze

    breeze Well-Known Member

    There is a letter you can send - I think LK has it - if it isn't him, not sure who. They will most likely see this and post it here.

    Don't talk to them and don't admit the debt is yours. Don't make any promises to pay - you will be weakening your bargaining position if you do - and you could even be waiving your rights under the SOL.. Wait for someone to find and post that letter here.

    Keep in mind - you have what they want - the money. Always keep that in mind, You are the one in control of this because they want what you have. But don't talk to them at all.

    So you can pay it, but you can get what you want at the same time. But you have to do it just right. :)

  17. heather

    heather Well-Known Member

    But, I did speak to them about the debt two years ago this summer. Does that make the SOL invalid? Sorry, to keep bothering you, but I don't know what to do.
  18. lbrown59

    lbrown59 Well-Known Member

    Wouldn't they still have to provide one with a copy of such form in order to properly validate?
  19. GEORGE

    GEORGE Well-Known Member

    RESPONSIBLE PARTY...I put my-self...
  20. heather

    heather Well-Known Member

    More info, it was turned into collections in 12/97 the last date of service, according to the paperwork they sent me is 7-29-97. I do not think the SOL has run out. According to the info I got from the SOL sites the SOL for written contracts is 5 years. It has been 3 and a half years since this was placed for collections. It will be 4 years the 29th of this month since the last time anyone was at the doctor there.

    Ack, this is so friggin confusing.

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