I was shocked to see 8 CA listings for medical bills on my credit report! We have excellant coverage, and I definetly never received any notices about these accounts. I sent a validation letter, just one, since all accounts are with the same CA. They called me the next day, they are located in town. I just heard the message, I'm glad I didn't pick up. Anyhow, so far nothing from them at all. I was thinking maybe I should call the hospital directly, and see if I do owe these amounts, could be the insurance paid them after they sent it to the CA. They are very small amounts, I would even settle with hospital, but find it aggravating that the CA won't validate, at least so far. Any suggestions?
ok... Did you send the request certified rr? You have to have proof they received it. They have to do several things here: 1. Not continue to collect until validating 2. Note the accounts with all bureaus that they're in dispute 3. Provide you validation... or cease collection and send it back to the original creditor Now here's how you can get them 1. After you definitely have proof they received your validation requests, pull your affected credit reports. Are the accounts noted as being in dispute? No, that's fdcpa violation 1. 2. Do they continue to call or try to collect without sending you proof? Fdcpa violation 2. 3. Continue to leave the debts on the report after the 30 days? that's fdcpa violation 3 (it's considered continued collection activity: see Wollman FTC Opinion letter) 4. Continue to leave inaccurate data on your reports? fcra violations 1-8 5. Pulling your credit? fcra violation "permissible purpose" unless the doc you signed with the original creditor (hospital/dr) specifically grants permission. Now, as to the doctor/hospital 1. Did they bill you? 2. Did they send you notice they were sending the accounts to collection? 3. Did they even have the right to pull your credit (did you expressly sign something stating that?) Here's what you do: let them violate your rights... if you didn't send the letter certified rr, do it now. get a tape recorder from Radio Shack. After they have gotten the letter (ok to do now if you originally sent it crr) tape the conversation. Keep a contact log too... you want proof of the violations You can also send the original creditor a request for proof of the debt. DO NOT send money yet... what you want to do is let them ring up lots of violations.. then you can use it as leverage for either full removals and/or a lawsuit with damages... Please understand, doctors and hospitals routinely use outside collection agencies as a part of their billing process. It's unfair as they normally don't even give you a chance to pay. also, if they're pulling your credit, it's a "tangential" pull... meaning: under the fcra "permissible purpose" section, a hospital or doctor can pull your credit (even if you don't expressly authorize it) in order to decide whether or not to render services... but not as a part of collecting the account. unless you expressly give them permission.. the ftc opinions Brennen and Buchman detail this. they can't pull to process the account because it's not a credit account... and they can't do it if it's paid in full and they make a mistake and just keep trying to collect anyway. I'm guessing you're about to be in a nice position of power here... if you want to use it. If not, use the violations for a full deletion of the accounts (without paying them). These are worth 1k, actual damages, atty fees, misc costs, ftc fines, atty general fines, and cra fines...
Marie, Thank you for your reply. Yes, I did send the letter RRR. No, they are not noted as disputed on my reports. There 30 days is up in a little under two weeks I believe, I'll check. I don't know if they pulled my reports, I'll check on that too. Yes, the Doctor did bill me, almost all of it was paid through insurance, 80%. No, they never sent a letter saying the accounts were going to collections. I don't believe they will try calling again, I sent a Cease and Desist the next day. I received both RRR signed by them. I tell you I am so confused, I have A LOT of disputes going on right now, thank goodness I have everything noted on my computer! It seems they are violating a lot of laws. What should my next move be? I appreciate your help. You know I haven't noticed any of the accounts I am disputing, with the exception of one, that is noting the accounts as disputed on the report.
Marie, I just checked my files and of the 8 accounts, one is listed as paid. So, the time is up on that one, today in fact. The others are up on May 19.
