Which way to go,

Discussion in 'Credit Talk' started by rasincain, May 31, 2003.

  1. rasincain

    rasincain Member

    Hi. All of you have been a big help in the past, I could use some help again.

    Due to some personal problems, I fell behind on a lot of things. Mainly, some hospital bills. I missed Aprils payment. In May, I received a notice telling me to pay w/i 10 days or it would be going to collection. I am looking for that letter now to check out the dates on that. I called them up & paid via phone on the 27th of May. Today (the 1st), I recieved a letter from a collection agency dated the 28th of May.

    My question is; who would you call to try to straighten this out- the hospital or the collection agency? I figured if I called the collection agency, they would report it a paid collection. I would like to avoid the mark at all. Has anyone had any luck with a situation like this. Frankly, I think it is ridiculus after I have paid down over $2000 in hospital bills to this place, they send $175 collection after one missed month. (Just my little rant right there...I know its my fault for not finding away to get a payment to them in April.)

    Thanks for any advice anyone has.
     
  2. rasincain

    rasincain Member

    Bump..

    Anyone have any advice on this...
    I got my days wrong. I got the collection notice on the 31st not the first. I want to try to get this taken care of tomorrow, so I would love some input from anyone. Thanks.
     
  3. jlynn

    jlynn Well-Known Member

    When I've had similar happen, I just sent out a validation letter. It has taken care of it in the past.
     
  4. dixidriftr

    dixidriftr Well-Known Member

    Definatly send out a validation letter ASAP! Save that letter from the hospital, too.

    They can't put it on your reports if you send them validation letter within 30 days.
     
  5. rasincain

    rasincain Member

    Thanks. Did you send the validation to the CA & just skip the orginal source? Basically, just say I've paid this blah blah blah.
     
  6. LKH

    LKH Well-Known Member

    Of course they can. They may have already reported it. That isn't a violation.

    Now, if it hasn't been reported by the time they receive a validation, you are correct.
     
  7. rasincain

    rasincain Member

    LKH...

    LKH...you tend to know alot of about this from all my reading. Do you have any advice? Should I contact the hospital & have them contact the collection agency. I would think that CA would then report it as a paid collection. Or should I write the CA arguing that this debt was paid.

    The way things appear, I think I might have paid it right after they sent it on to collection. Any advice would be appreciated
     
  8. lbrown59

    lbrown59 Well-Known Member

    Re: LKH...

    Basically, just say I've paid this blah blah blah.
    rasincain
    =====================
    NO NO NOoooo
    That's the last thing you want to say.
    You send the validation from the sample letters section.
    Validation is a demand for information from a CA not an explanation of anything from you.



    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     
  9. lbrown59

    lbrown59 Well-Known Member

    Re:

    1*Did you send the validation to the CA & just skip the original source?
    2* Basically, just say I've paid this blah blah blah.
    rasin cain
    ===============
    1*Yes: Send them this letter as is no changes nothing more nothing less.
    Here is the Al Letter you want to send.
    Don't make any changes on it and don't hand sign it.

    Your Name
    Address
    City State Zip

    Company
    Address
    City State Zip

    Date

    RE: Account #_________/Original Creditors Name

    Dear Sir/Madame:

    Thank you for your recent inquiry. This is not a refusal to pay, but a notice that your claim is being disputed. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please complete and return the attached disclosure request form.

    Be advised that I am not requesting a "verification" that you have my mailing address, I am requesting a "validation;" that is, competent evidence that I have some contractual obligation to pay you.

    You should also be aware that sending unsubstantiated demands for payment through the United States Mail System might constitute mail fraud under federal and state law. You may wish to consult with a competent legal advisor before your next communication with me.

    Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.

    Sincerely,


    Your Name don't sign


    - - - Include the following on a separate sheet of paper - - -


    CREDITOR DISCLOSURE STATEMENT



    Name and Address of Collector (assignee): _________________________

    Name and Address of Debtor: ____________________________________

    Account Number(s): ____________________________________________

    What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.

    Have any insurance claims been made by any creditor or assignee regarding this account? YES/NO

    Has the purported balanced of this account been used in any tax deduction claim? YES/NO

    Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:


    Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.

    ________________________________
    Authorized signature for Collector

    Date_______/_______/_______

    Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.


    2*NO NO NO !
    If you tell the CA you paid it you just validated it with them and will have a tough time ever getting it removed from your reports.


    THE END ** *** ** LB 59
    """""""""```~~~```'"""""""""
     

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