Validation of debt

[tbrannies]

What is the name of your state? Oregon

If a debt (with a collection agency) was never disputed within the first 30 days of their first contact with me, what, if anything do they have to provide if I have requested validation after the 30 days? Am I SOL because I didn't request it initially? I requested it and all they sent me was their internal accounting sheet. They didn't provide anything saying if it was purchased by them, assigned to them, the original date, nothing. And, it's not listed on my credit report so I can't find anything out via that route. I do know the date the account went deliquent with the original creditor, as I called them and found out.

Also, this was for a dentist bill and the CA has tacked on interest and fees that have now raised the original amount owing by seven times. Where can I find the interest amounts they can add, etc. if it wasn't provided for on any of the forms I signed at the dentist who the original account was with?

Thanks!

[debtcollector`]

Originally Posted by tbrannies

If a debt (with a collection agency) was never disputed within the first 30 days of their first contact with me, what, if anything do they have to provide if I have requested validation after the 30 days?

The same thing they have to provide if you request validation within the 30 days. They just don't have to stop collections actions against you while gathering the info, which mens they'll take their sweet time to do it.

Originally Posted by tbrannies

Am I SOL because I didn't request it initially? I requested it and all they sent me was their internal accounting sheet.

All they have to do is get validation from the OC.

Originally Posted by tbrannies

They didn't provide anything saying if it was purchased by them, assigned to them, the original date, nothing.

Not required.

Originally Posted by tbrannies

And, it's not listed on my credit report so I can't find anything out via that route. I do know the date the account went deliquent with the original creditor, as I called them and found out.

Great you have the info.

Originally Posted by tbrannies

Also, this was for a dentist bill and the CA has tacked on interest and fees that have now raised the original amount owing by seven times. Where can I find the interest amounts they can add, etc. if it wasn't provided for on any of the forms I signed at the dentist who the original account was with?

If it wasn't in the orginal contract a CA can't add anything to the bill. Most likely interest was spelled out in the contract -- it usually is.

DC

[tbrannies]

Originally Posted by debtcollector`

All they have to do is get validation from the OC.


If it wasn't in the orginal contract a CA can't add anything to the bill. Most likely interest was spelled out in the contract -- it usually is.

DC

Thanks for the response.

What constitutes "validation from the OC"? Over the phone, original paperwork, etc? Or can they just say, "yep, we validated it with the OC" and that's all I get? If it ever gets to court and I say that I requested validation and disputed the debt and all they sent me was this (hold up single sheet with their - the CA's - internal accounting), will that be all they had to provide to me? I guess I can't believe that there are no checks and balances for this type of stuff and all a debtor has to go on is the CA's word.

How can I find out what was spelled out on the paperwork from the dentist's office in regards to the interest and misc fees? I'm sure there was something that said something to the effect of "I agree to pay this bill or else..." but how do I know if they're (the CA) on the up and up, or how the interest and fees were calculated, etc. I mean, I haven't dealt with a lot of this, but from what I know, you can't trust CA's to be the most honest folks.

Your time is appreciated.

[debtcollector`]

Originally Posted by tbrannies

What constitutes "validation from the OC"? Over the phone, original paperwork, etc?

It can be as simple as a copy of a billing statement.

Originally Posted by tbrannies

Or can they just say, "yep, we validated it with the OC" and that's all I get?

No, they will send you something -- It will not be everything you want. We (the industry) recognize that validation is most frequently used as a tool to attempt to get out of paying a just debt and respond with the least effort legally required.

Originally Posted by tbrannies

If it ever gets to court and I say that I requested validation and disputed the debt and all they sent me was this (hold up single sheet with their - the CA's - internal accounting), will that be all they had to provide to me?

Yup.

Originally Posted by tbrannies

I guess I can't believe that there are no checks and balances for this type of stuff and all a debtor has to go on is the CA's word.

Well, you can always request copies of the paperwork from the doctor's office directly.

Originally Posted by tbrannies

How can I find out what was spelled out on the paperwork from the dentist's office in regards to the interest and misc fees? I'm sure there was something that said something to the effect of "I agree to pay this bill or else..." but how do I know if they're (the CA) on the up and up, or how the interest and fees were calculated, etc. I mean, I haven't dealt with a lot of this, but from what I know, you can't trust CA's to be the most honest folks.

I understand you are accepting the misconception that CA's are dishonest. My experience from working in the industry is very different. Most CA's are run by people that are honest and stand by their intregity. Most professional collectors are honest. I'm not saying they are nice or necessarily polite -- but honesty is a prerequisite for long term success in this industry. Not to mention getting their license from the banking and finance regulators.

The sense I am getting here is that you acknowledge the bill, but question the interest and fees. Try this, call the CA and tell them that you understand you have a bill that was due. You want to take care of that, but you don't understand how they arrived at amount they claim is now due. If they will go through it with you and explain it so you can understand it, you have no problem paying it.

If they can't, they can't. Get the docs from the OC and work from there. You can also seek that information through discovery if they sue.

I still say in this case, you will get you best results by contacting the dentist office directly.

DC

[tbrannies]

I do know there was money owing from a dentist bill and am not adverse to paying it. But there are a couple of things going on.

One, I never paid on this account. I did pay this same CA for a check that I had written that got turned over to collections, in 2002, but have not ever made payments on this account as I didn't even know they had it. I never received a statement or demand from them about the dentist bill account, it was never on my credit report, etc. I feel like something shady is going on and can't quite put my finger on it.

Two, this dentist bill was from 1997. I don't know if it's some sort of technicality that if I pay on any account with them that it applies to all my accounts with them, but that's not how I understand it to work. I want some proof of what they say, because it's not true. How can I prove that I never made a payment when they say I did? In that case, it seems logical that they have to prove that I did. Why can't they provide that?

Third, I have been working at getting my credit turned around for the last few years and now, if I pay this thing off, are they going to put it on my credit report and report it as the date as of 2006 when it's a bill from 1997?

And sincerely no offense if you are, or work for, a reputable collector. But in my opinion, if someone stands to make a buck off me and the onus is on me to make sure they do it in a legal manner, I am going to get as much information as I can to make sure that I'm not being taken advantage of.

[tbrannies]

Additionally, and I think this is what bothers me the most:

As soon as I got notice about the bounced check from them, I called them and sent in payment. Why, if they had this other bill (already on their books from 1997, actually it was turned over to them in early 1998) and I made a payment on it as they say, would they not ever contact me again until now? They had my address, phone number, employer information, etc. and I was obviously willing to pay my collection accounts. Why, if I just made one payment (as it says on their accounting sheet) and never made another one, would they wait all this time to try and get payment? In four years, while I had the same address and phone number, they didn't bug me for "the rest" of the bill?

Why, if the bounced check I had with them was on my credit report, did they not report the dentist bill?

I realize that they may not have to report it, that they don't have to "bug" me about payment, etc. But it makes more sense that something is screwy on their end, that some sort of mistake was made and now their trying to cover their butt and make some decent money off of me in the process. And I just get this feeling that there are some legal loopholes (such as they don't have to provide me any information) that they are using to their advantage. Maybe I'm too cynical, I don't know.

I really appreciate your time. In the end, I'll probably end up seeing a lawyer to make sure I've done everything I can to make them prove what they say, and then end up paying it. Maybe I'll wait until they file so that I can request discovery as was suggested as well. But it just burns me especially since I haven't had anything negative on my report for years.