validation proof?
Date: Sat, 06/27/2009 - 11:21
I sent a validation letter to MiraMed asking for proof that I owe them the money for a hospital bill. I was turned over to collections by St. Francis Hospital in Indianapolis, In. because they didnt want to make payment arrangements with me. So I received a collection letter from Merimed and then sent the validation letter stating I wanted proof that they owe this debt. I received in the mail a "summary" of the amount I owe to St. Francis. All it is is a print out of the itemized billing(s) statement.
No proof that I owe them. So, my question is, Do I owe Merimed or not? Is there more proof they need to provide to me? Merimed has given me 10 days to pay in full or they will start collection proceedings. Note: I had originally started making payment on this to the hospital.
Please tell us how exactly they have worded that part about havi
Please tell us how exactly they have worded that part about having 10 days, and when exactly you got that letter. It could be a case where they tried to overshadow....
verification
The letter says as follows:
Please be advised that we have conducted our review/investigation of yur file based on your notification of dispute.
Enclosed please find copies of the itemized bill(s) for account num xxxxxxxxx. Also enclosed are the signed consent forms for treatment.
Since it is our position that the balance due shown above is legitmately due and owing, we are requesting that you make payment in full within 10 days. You may contact our office within that time with your proposal for immediate payment and an installment plan.
Please be advised that it is our intention to proceed with the collection activity after the 10 days period. We urge you to give this letter your prompt attention and to reply without delay. If you have any new or additional information that you wish to bring to our attention, please do so at this time.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
note:Keep in mind that the only thing they sent was the itemized statement and the agreement to pay the hospital. There is nothing proving they own the debt from St. Francis or they are the authorized collector.....
Thanks for you help.
They probably don't own the debt and are collecting for the hosp
They probably don't own the debt and are collecting for the hospital. Contact the hospital and they will likely refer you to the CA. You have recived proper validation IMHO.
I agree with nascar--call the hospital and verify the collection
I agree with nascar--call the hospital and verify the collection agency they sent it to.
Also, they sent the signed authorization for treatment, right? Your signature is on it? If so, then yes, they have properly validated this debt IMO as well. But a call to the hospital should clear this up.
We sent a validation/verification request to Asset Acceptance (w
We sent a validation/verification request to Asset Acceptance (who claimed to have purchased a debt of my daughter's) and got a response saying they got our "correspondence regarding information reported by a credit reporting agency related to the above referenced account" and that they have reviewed "the information you [we] provided", "our [their] notes" and "information provided by the original creditor". They then closed (just before the "This is an attempt..." statement) with "As a result of our investigation we are hereby denying that the information being reported on your credit file is inaccurate, and we have reported your account as 'disputed' to the credit reporting agencies."
In our letter we specifically asked them to provide the following documentation: 1) Agreement with the referenced creditor that authorizes you to collect on this alleged debt, 2) Agreement that bears signature of the alleged debtor wherein he/she promises to pay the creditor, and 3) Complete payment history of the original account so as to prove that the debt amount you wish to collect is correct.
As I see it, they did not verify/validate the debt. What's more they may have implied that they do not own the debt (as stated in their first letter). I assume I need to send them a follow-up validation request (CMRRR) re-iterating the requested/required info and the original 30-day suspense date from the date they received our first letter. In addition, do I advise them to retract any recent report/additions to the credit reporting agencies or wait until they respond (or not) to the follow-up letter and/or after the 30-days? Since they stated in the first letter that they purchased the debt, should I include (cc:) the original creditor as Asset Acceptance may not have valid authorization to collect their debt?
"Asset Acceptance Corp has earned the distinction of one of 'AME
"Asset Acceptance Corp has earned the distinction of one of 'AMERICA'S WORST COLLECTION AGENCIES'. They lie, steal, cheat, misrepresent, file bogus claims, create phony documents and commit perjury in the court system JUST to increase their bottom line."
"http://www.budhibbs.com/collectorpages/asset_acceptance_corp.htm"
If they lie in court, they certainly aren't going to be honest in such a slippery thing as debt validation (there is no legal consensus on what constitutes Validation as the FDCPA is extremely vague on the point).
When a junk debt buyer gets an account, it is best not to pay them at all unless a judge forces you to - let them take you to court (unless you know it's your debt, then you can negotiate for a settlement but make sure they give you an agreement IN WRITING before you pay a dime). The validation process is pretty weak anyway, and most of them will not give you anything you can be satisfied with. At least in court, the Process of Discovery is far more comprehensive, and even if your county judge is bought and paid for you can still appeal to the State Appellate Court.
Quote:In our letter we specifically asked them to provide the fo
Quote:
In our letter we specifically asked them to provide the following documentation: 1) Agreement with the referenced creditor that authorizes you to collect on this alleged debt, 2) Agreement that bears signature of the alleged debtor wherein he/she promises to pay the creditor, and 3) Complete payment history of the original account so as to prove that the debt amount you wish to collect is correct. |
None of which is required by the FDCPA and nothing you will ever see outside the Discovery phase of litigation.
Update....I contacted the hospital and they no longer collect pa
Update....I contacted the hospital and they no longer collect payments...they outsource through collection. So I sent a payment to them $20.00 check and said thats all I could afford per month. They cashed it so I guess I am safe.... :)
Well, of course they're going to cash it. But, they will likely
Well, of course they're going to cash it. But, they will likely continue their normal collection practices regardless, as they do not have to accept anything less than payment in full. Any payment arrangement must be made on paper to be enforceable.
And since these people are so horrible, you shouldn't send them a check as it has your bank info on it. Pay by money order.