Recent Posts

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FDCPA / FCRA and FCBA / Re: Debt Validation Letter Response
« Last post by Clydesmom66 on Yesterday at 09:54:10 PM »
In response, they provided me with a document listing the total amount due. They also supplied me with hospital billing records. For example, the records showed what insurance paid, etc. No agreement language, etc.

ALL they are required to provide you is the name (and address since you requested it) of the provider and the amount owed. 

NONE of the rest of what you demanded is required and it isn't a violation of the FDCPA if they do not provide it.

All sending that letter did was show them you can cut and paste a letter from the internet.  That letter and almost every one like it is RIDDLED with errors and has almost no basis in the FDCPA or FCRA.

The defenses you read about on sites like this are based on credit accounts NOT medical debt.  If your minor child got treatment (and you used insurance) you have 3 major problems.  First, you as the parent not only signed consent for treatment but that includes payment of any balance not covered by insurance.  Proving that is extremely easy via billing statements, the child's medical records, and your insurance EOBs.  Second:  in using insurance there is a clause in all health insurance policies that states the primary insured is legally responsible for all balances the carrier/policy doesn't cover.  Last:  under state law and the doctrine of necessities a parent is legally responsible for paying for medical care for their minor child.  They cannot discount it further after insurance has been used because it is illegal rebating. 

If there are no billing errors and your child got the care pay the bill. 
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FDCPA / FCRA and FCBA / Re: Debt Validation Letter Response
« Last post by 11181986 on Yesterday at 09:36:17 PM »

they provided me with a document listing the total amount due. They also supplied me with hospital billing records.

They have properly responded.  The threshold is very low.
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FDCPA / FCRA and FCBA / Debt Validation Letter Response
« Last post by Gorff5175 on Yesterday at 09:33:39 PM »
I made a timely request for validation to a debt collector, not the original creditor. The debt is for past due medical expenses for a child.

In response, they provided me with a document listing the total amount due. They also supplied me with hospital billing records. For example, the records showed what insurance paid, etc. No agreement language, etc.

In my validation letter, I asked for the below. What I am trying to learn is, what is the standard for validation letters. If asked, what must a debt collector do and if they don't, would there be a violation of the FDCPA. I understand that I have asked for detained information, but it all seems pertinent to really being able to validate the debt.

I APPRECIATE ANY FEEDBACK!   

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Please supply the information below so that I can be fully informed:

Why you think I owe the debt, and to whom I owe it, including:

The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed.

If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from.

Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay?

If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay.


The amount and age of the debt, specifically:

A copy of the last billing statement sent to me by the original creditor.

State the amount of the debt when you obtained it, and when that was.

If there have been any additional interest, fees, or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law.

If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them.

If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law.

Tell me when the creditor claims this debt became due and when it became delinquent.

Identify the date of the last payment made on this account.

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.

I have asked for this information because I have some questions about this debt. Because of my questions, please consider the debt to be disputed at this time. If you stop your collection of this debt, and forward or return it to another company, please indicate to them that it is disputed. If you report it to a credit bureau (or have already done so), also report that the debt is disputed. In addition, you should state in any report that you have failed to fully verify the debt in response to my request (unless you have already provided all the necessary information). If you fail to provide any of the information or documentation I have asked for, please say why. If you do not provide it, and do not adequately explain why, I will understand that you are unable to confirm or document your claims.

I would request details about your authority to collect this debt. Please provide the following:

I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.

If you are contacting me from a place outside this state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license.
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General Credit Forum / Re: Portfolio Questions
« Last post by fisthardcheese on December 14, 2017 06:30:47 PM »
Just an update:

The judge did a rule returnable for the suit, .. Portfolio then filed to dismiss without prejudice.

I filed motion to rule absolute and asked for $1000 for their frivolous action and motion to dismiss with prejudice.

I got a call from one of the lawyers yesterday.   They asked if i would dismiss the case for them to remove the trade line and dismiss with prejudice.

Any thoughts?

If you paid anything out of pocket to defend this case, I would ask for that amount to cover your costs and agree to their stipulations.
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General Credit Forum / Re: Portfolio Questions
« Last post by bazmama on December 14, 2017 04:54:25 PM »
Just an update:

The judge did a rule returnable for the suit, .. Portfolio then filed to dismiss without prejudice.

I filed motion to rule absolute and asked for $1000 for their frivolous action and motion to dismiss with prejudice.

I got a call from one of the lawyers yesterday.   They asked if i would dismiss the case for them to remove the trade line and dismiss with prejudice.

Any thoughts?

6
cancellation of debt income appears to have not been altered in either the house or senate bill - and early word is that it has not changed under reconciliation either.
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General Credit Forum / anyone know how the proposed new tax laws might impact 1099C?
« Last post by True_Son on December 13, 2017 09:44:27 PM »
I am wondering if I should offer to settle before the end of this year, or just let it fall off the credit reports, and wait for the 1099C under the new tax laws.   Will there even be a 1099C under the new code?

Thanks
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TCPA / Re: Interesting Robo-call
« Last post by 11181986 on December 13, 2017 08:24:23 PM »
Federal, State and Local governments are exempt from the TCPA. Will not be able to successfully sue anyone.
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TCPA / Interesting Robo-call
« Last post by Flyingifr on December 13, 2017 07:46:14 PM »
Mrs Flyingifr just got a robo-call. Her number as well as mine are on the Do Not Call Registry. We want to file a complaint about the offending party. Who do you sue when the call-back number is the County Sheriff?
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Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by TM97 on December 13, 2017 06:19:21 PM »
They can go to court to confirm the award.

If they do that, point out to the judge that they refused the appeal, which is part of the JAMS process.

I don't know what court they would use to try to get the award.  Wait and see.  If they are refusing the appeal process, they are giving you ammunition.

If the case is dismissed, they would have to refile or reopen it right in the court to confirm the award? 

We are not even yet to the in person hearing but if there is a need for appeal, she will do it.  And if they refuse, we will address that immediately with the court if and when they take it back to the court. 
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