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#1
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Collection CallerWhat is the name of your state? Illinois Collection person called after I sent them a dispute letter over a hospital bill from May of 1996. I requested validation of the bill and last DOA. Collectoer states that validation was sent to me in June of this year. What I recieved was a computer print-out that had many different dates and prices staggered on the page. I could not find the bill in question on the 5 totally confusing pages they sent me. My question... Do I have the right to request a copy of ONLY the bill in question and if they do not send ONLY it, have they violated my writes to validation? BTW..Collector stated on the phone that the last DOA was in March of this year and that proves the debt is mine. I did not make any payments and stated so to collector. Collector states that he did not say "I" (as in me), made a payment but that a payment was made and that since it was made that makes the debt valid. My question...Do I have a right to request proof of this payment in the form of a photocopy of how and who made the payment. Sol for hospital bills I am told is 5 years from last DOA..True? |
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#2
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Validation of debtDOA SOL is usually when the account became default. *IF* I'm remembering correctly, haven't had my first cup of coffee yet. I asked a question of my own a couple of days ago and was ponted towards another site that prettymuch answers your question. What you need is to request a validation of the debt. They have 30 days to respond. go to this link, should answer all of yours. [url]http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=42188[/url] |
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#3
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| If no payments have been made since 1996, the statute of limitations, per the UCC for goods and services, has expired - 4 years. You can do one or 2 things - request validation (and a printout of what's on the CA's computers is NOT validation) to be certain of the dates OR, you can simply send them a Cease and Desist/notification of SOL and be done with them.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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#4
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| LIR raise an exce,,ent question. Was the printout from the hopitals computers or, from the collection agencies? |
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#5
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DOAOn the phone, collector stated that a payment of $20.00 was made March of this year and credited to the account. Collector stated this on the phone, but when asked WHO made the payment collector never stated that "I" made a payment. only that one was made. I have researched my records and can not find ANY payment ever to a collection agency. Do I have the right to request proof of this payment and who made it? |
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#6
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Print outNo heading was on print-out so I have no idea where it came from. Just 5 pages of staggered dates, charges and codes. Many, many, many different dates. |
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#7
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SOL QuestionDoes the SOL on my medical bill start when the account became past due or on the supposed last DOA? |
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#8
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| They have no validated. I'd suggest this is the work product of the ca's computers. There should be identifying info from the OC. Here's the FDCPA on the subject. It's 809 of the FDCPA. (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and Here's the Wollman letter. They must get the validation from the OC and it may not come from the debt collectors computers. [url]http://www.cardreport.com/laws/fdcpa/ftc-opinion/wollman.html[/url] I think the issue is very much in doubt. If the info is from there computers, they've violated the FDCPA by continuing to collect. I think LIR's advice is good. Decide if you wish to keep playing with them or not. Is this collection on your credit reports? |
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#9
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reportNot on my credit report..Have a recent copt from TransUnion and eperian..nothing shows regarding any hosptial bill |
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#10
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| This thing keeps going in circles. DJKidd: As correctly noted by others earlier, the 'computer printout' you recieved is NOT sufficient validation of the debt. A FTC letter on this is at: [url]http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm[/url] With that, you now have two choices, both as suggested by Ladynred. You can: 1) DEMAND a proper validation of your account. To do this, use the letter found at: [url]http://www.creditinfocenter.com/forms/sampleletter9.shtml[/url] or 2) Send the collector a cease and desist letter, including a statement that the debt is time-barred due to expiration of the SOL. In either case, keep copies. Send your letters by certified mail.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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