What methods do work in dealing with Experian's "previoulsy investigated" response. What methods have people on this board used that have really worked in getting past this? I am so fed up with Experian.
The accounts I am disputing are six unpaid medical bill accounts that are five years old but, in Indiana, the SOL is six years. The collection agency only sent me itemized bills regarding validation. They told me i needed to contact the OC to get the original signed document. The CA told me they weren't going to sue me as I explained to them that the only income I have is SSI and I am unable to pay this. So shoud I contact the OC? I thought that if the CA was the one reporting, they were supposed to remove the item. Can the OC remove the item? The OC would be the hospital.
"The collection agency only sent me itemized bills regarding validation." -what was the validation request? The collection agency is only required to "provide information that is responsive to the consumers request" -(consumer law center FAIR DEBT COLLECTION) -Was the information FROM the creditor and would THAT information lead a reasonable person to believe WHO is responsible for the debt and HOW much the debt is? (common standard for a "proper" validation response- FTC Wollman letter) "They told me i needed to contact the OC to get the original signed document" -THAT is it the responsibility of the debt collector per FDCPA 809: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809 "(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector." "So shoud I contact the OC?" -IF your state law defines an original creditor as a debt collector. IF NOT, they are not required to respond. (FCRA/FDCPA definitions of debt collector) "I thought that if the CA was the one reporting, they were supposed to remove the item" -unfortunately not. THERE IS NO requirement for ANYONE to delete ANYTHING except a credit reporting agency (FCRA) "Can the OC remove the item? The OC would be the hospital." -IF they are NOT reporting, what could you want them to remove? Because the original creditor is a seperate and distinct "party", they CANNOT be MADE a party to the "negotiations" with the collection agency. -It wouldnt hurt to ASK them to remove it once you pay the collection agency, BUT they are NOT required to
1*TheCA told me i needed to contact the OC to get the original signed document. 2*I thought that if the CA was the one reporting, they were supposed to remove the item. They never take it off the report when we make it right so why should we take it off the docket when they do?? 1*CAs lie Haven't you heard? 2*So why let a lying CA change what you thought? ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> From a preacher in California > >As some of you may know, one of my son's serves in the military. He is >still stateside, here in California. He called me yesterday to let me >know how warm and welcoming people were to him, and his troops, >everywhere he goes. Telling me how people shake their hands, and thank >them for being willing to serve, and fight, for not only our own freedoms >but so that others may have them also. > >But he also told me about an incident in the grocery store he stopped at >yesterday, on his way home from the base. He said that ahead of several >people in front of him stood a woman dressed in a burkha. He said when >she got to the cashier she loudly remarked about the U.S.flag lapel pin >the cashier wore on her smock.The cashier reached up and touched the pin, >and said yes, I always wear it. > >The woman in the burkha then asked the cashier when she was going to stop >bombing her countrymen, explaining that she was Iraqi. A gentleman >standing behind my son stepped forward, putting his arm around my son's >shoulders, and nodding towards my son, said in a calm and gentle voice to >the Iraqi woman: "Lady, hundreds of thousands of men and women like this >young man have fought and died so that you could stand here, in MY >country and accuse a check-out cashier of bombing your countrymen. It is >my belief that had you been this outspoken in YOUR OWN country we >wouldn't need to be there today. But, hey? if you have now learned how to >speak out so loudly and clearly , I'll gladly pay your way back to Iraq >so you can straighten out the mess you are obviously here to avoid." _______________________________
