Still getting mail even though no proof debt valid?

My first suggestion would be to hassle the doctor until the problem gets resolved. Then continue to hassle the insurance company. Then go back and hassle the doctor, then the insurance company until it gets resolved.

I have to go hassle my insurance company today about something they were supposed to pay.

it seems to me that they are in violation of the fdcpa right now. Dont let them feed you some BS about the doctor's office--as the debt collector, they are 100% aware of the FDCPA and what it requires them to do/not to do. There is no gray area here--if you dispute th debt or any portion thereof, they MUST upon receipt of your written notice of dispute stop all collection efforts, obtain the proper validation, then provide it to you. They cannot continue to work on collecting from you legally FOR ANY REASON until they have done this. The law doesnt let the CA off the hook if they cant validate, for any reason.....if they cannot validate when you request it, then they cannot legally continue contacting you trying to collect money.

I would send them a letter informing them that they are violating federal law, point out the section of the FDCPA that addresses validation(809 I think), and demand that they immediately cease any and all collection efforts until such time that they can provide proper legal validation on this disputed debt. Inform them also that if they persist in ignoring federal law in this matter, they are inviting a lawsuit. At this point, they owe you $1000 so far....

I do not think it is a validation issue guest. In my opinion it would be easy for the CA to validate the debt since it is based on the doctor????????s records and what the doctor claims you owe. All the CA has to do is get the bill from the doctor which they probably already have and a couple other documents and they are back in business collecting on a bill that the doctor says you owe and you say you do not owe. I am with FYI on this and I think you need to go directly to the source which is the doctor. I would make a personal visit to them and tell them to get the butts in gear and fix this mess. If they still claim you owe it even though they messed up and did not file in a timely manner then it becomes a civil matter between you and the doctor????????s office. The doctor will continue to have the collection agency collect and you will continue to dispute. Then the only way to fix it is either pay the bill or sue the doctor and the CA.

well, dollars, the law says this:



there is no room for a CA's excuse there. In my experience, since they are supposed to know the laws anyways, if they had validation they lose nothing by sending it, yet in this case they wont do so.

Naturally I agree that speaking with that doctors office is a must, but as far as the CA goes, this law takes them right out of the picture, or at least legally speaking it should. Validation was requested, and they were told that this debt was disputed. They did nothing about that dispute, but continued collection efforts. That is clearly violating the law. At the same time that I would speak to this doctor, I would be firing off a C&D to the CA, certified mail, informing them of my intention to file suit against them if they continue to ignore federal law. That way, you cover all your bases at once. That puts it back on the CA to act one way or the other.

When you dispute a debt, the fdcpa does not make any allowance for a CA to reply with continued collection efforts, while saying "we asked for it, but the doctor didnt give it to us". The law is crystal clear on that. They MUST answer a dispute or DV before continuing collection efforts, and in this case they clearly have not done so. Please dont mistake my earlier comment for a proposed complete solution--I was not at all saying that dealing only with the CA was the solution, because I agree that it isnt. But in the meantime, address their violation of the law as well.

If the doctor can't, or won't validate the debt, then neither can the collector. The collector in so much has admitted that the debt is not validated.

exactly, and as with any debt that cannot be validated, they cannot legally continue to try to collect from you on it.

If a debt can not be validated, you dont owe anything. forget about it