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  #1  
Old 09-11-2003, 09:14 AM
djkidd3
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Angry

Collection Caller


What 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?
  #2  
Old 09-11-2003, 09:40 AM
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Join Date: Aug 2001
Location: Denver, CO
Posts: 73

Validation of debt


DOA 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]
  #3  
Old 09-11-2003, 09:55 AM
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Location: Nashville,TN
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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.
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  #4  
Old 09-11-2003, 10:00 AM
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LIR raise an exce,,ent question. Was the printout from the hopitals computers or, from the collection agencies?
  #5  
Old 09-11-2003, 10:04 AM
djkidd3
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DOA


On 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?
  #6  
Old 09-11-2003, 10:06 AM
djkidd3
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Print out


No 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.
  #7  
Old 09-11-2003, 10:38 AM
djkidd3
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SOL Question


Does the SOL on my medical bill start when the account became past due or on the supposed last DOA?
  #8  
Old 09-11-2003, 11:03 AM
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Join Date: May 2001
Posts: 6,453
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?
  #9  
Old 09-11-2003, 11:05 AM
djkidd3
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Posts: n/a

report


Not on my credit report..Have a recent copt from TransUnion and eperian..nothing shows regarding any hosptial bill
  #10  
Old 09-11-2003, 11:44 AM
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Location: Somnambulist University
Posts: 39,544
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.
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