Your Help Please

Discussion in 'Credit Talk' started by premeno, Jun 24, 2002.

  1. premeno

    premeno Well-Known Member

    Here is a letter I sent to a medical CA last week:

    This is a formal notice that you have failed to respond to my letters dated 4/10/2002 and 4/24/2002.
    I received a copy of the letter I sent your office on 4/24/2002, with a note to phone you, this cannot be qualified as a response to my request for validation.
    In my two letters I asked that you supply me with information on the account in question. The amount I allegedly owe, how you calculated the amount, copies of any papers, with my signature, that show I agreed to pay what you say I owe.
    I have attached a copy of a letter addressed to a Mr. Wollman by the Federal Trade Commission, it states what is needed for validation of an account. Please refer to that. Mere itemization does not accomplish required validation.
    as you are aware, the Fair debt Collection Practice Act section 809 subsection a-b, requires you to respond in a timely manner, yet you have failed to respond at all.
    I noticed the other account # 991002635 was reported in May on my credit file, I can only assume this is a duplicate listing of the same account in which you have not validated. You are required to validate per the Fair credit Reporting Act and the Fair Debt Collection Practice Act, when you do not it is a violation, and when you verify a debt WITHOUT validating it, that is a violation as well as it is considered continued collection activity on a debt that is disputed by the consumer.
    Be aware I am making a final goodwill attempt to have you clear up this matter. You have 15 days to send me the information requested AND/OR remove these entries off my credit reports.
    Your failure to respond by July 3, 2002, and I will have no other choice but to file suit.

    Sincerely

    typed name

    This is the response I received today.

    We have received your most recent certified letter requesting our office to release information in the account listed above. Without proper identification and a signature from you, we cannot do so.

    Please provide our office with your social security number and your signature and we will be more than willing to provide you with the information you request.

    Account # 99100263635 is a duplicate of #991263635. please dispute this account through the credit bureaus as a duplicate.

    This is an attempt to collect a debt by a debt collector. Any information obtained will be used for that purpose.


    Why should I have to send them my SS# or signature! They are reporting this debt.
    Any suggestions? Anyone else have this problem before?
     
  2. premeno

    premeno Well-Known Member

    Bump
     
  3. Mommy2cats

    Mommy2cats Well-Known Member

    One, do NOT send the signature. I've heard that they can do tricks with graphics programs whereby they can "put" your signature on a doucment.

    As far as the social - they have it, so you do not need to supply it. I'd send a final letter with intent to sue with a request for $1,000 per violation.

    Mommy2cats
     
  4. premeno

    premeno Well-Known Member

    That is exactly what I was thinking. Why would they need my signature? So they can somehow use it. As to the SSN, they have to have that, they reported the account!
    I think its a stall tactic, they don't have the information to validate the debt!
    Thanks for your reply.
     
  5. premeno

    premeno Well-Known Member

    Anybody else? I want to write a letter in response tonight. This place is just dragging things out as long as they can.
     
  6. SCMomof5

    SCMomof5 Well-Known Member

    Actually, I have a better idea!

    When they ask for your signature, make it completely unlike your own signature. If they have your signature, this one won't look the same, hence they can't say it is yours. If they use graphics, insert your signature on a document, and then bring you to court, you can show the judge a gazillion examples of your genuine signatures... they don't match. Case dismissed. <snicker> Let's beat them at their own game! :)
     
  7. premeno

    premeno Well-Known Member

    Sounds good to me.
     
  8. Kiyi

    Kiyi Well-Known Member

    Don't sign anything, a signature is a signature, PERIOD. Send them a letter stating to delete the accounts, from your credit report or you will sue since they cannot validate the accounts now. If they put it on your credit report, then they should know damn well what your SSN is.
     
  9. smogtek

    smogtek Well-Known Member

    Correct me if I'm wrong here.

    Did their letter say "This is an attempt to collect a debt....."?

    As I understand the law, once you request validation, they can't attempt collection. If they do ka-ching $1,000 violation!
     
  10. premeno

    premeno Well-Known Member

    Yes, their letter did state that. Someone else made me realize something too. This CA has recently, just last week infact, verified the debt. If they can verify, then they have to be able to validate, just stands to reason. If not, then they had better delete.
     
  11. Butch

    Butch Well-Known Member

    Unfortunately no it doesn't.
     
  12. mindcrime2

    mindcrime2 Well-Known Member


    Verifing a debt to a CRA during the validation period is a violation of the FDCPA as well.
     
  13. Butch

    Butch Well-Known Member

    Good question Smog but this doesn't count. The law also says they MUST include that line on all communications so that's why it's there, to comply with the law.

    You can't sue them on the grounds that by complying with the law, they broke the law.

    lol
     
  14. smogtek

    smogtek Well-Known Member

    Ahhhhhhh. Thanks for clearing up that point. Either I'm old or the water is muddy!
     

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