CA failed to validate debt or respond to settlement letter

Oh, im in California BTW.

Contact the reporting agencies directly and file a dispute.again. It must be done by mail and certified return receipt. They are required to remove it for thirty days until it is validated by the CA which it probably won't be. They do not have the staff. If they do not resond it will be gone for good

Only one agency is reporting. I sent them a letter last week, with the three certified return receipts, copies of the letters, and a cover letter stating the CA is in violation of two acts. They replied two days later with a status update of the CB saying "Updated". Nothing was done.

So they are obviously just ignoring the facts or they are going off of some other information.

But maybe you are saying to open up a new dispute as not validated? AKA start all over again like I did the first time.?

Any other suggestions? Im at a loss..

Thanks for the reply.

The problem is IT IS on my credit report. Paying the hospital is not the problem. Getting it off IS the problem. If you reread my first post, it outlines the exact situation.

Anyone??

Odds are you wont get it off your report short of suing someone do to so. Once on your CR it seems to be almost impossible to get anything removed. Once on there it generally takes 7 years to come off, whether its correct or not. CRA's are not known for being fair nor honest...

That really wasn't the question. Anyone on here willing to give PAID advice via paypal?

Here's the problem:

You have two different issues.

If you're going to pay it in full then you're admiting it's valid and therefore it's reportable and will stay on the report for 7 years.

If you don't think the debt is valid, or the amount is incorrect then you need to demand validation. Since they've not properly validated, you need to drive that home with the bureau.

The only way it's coming off the report is if it's not being reported properly (e.g. not your debt, already been paid, etc.) or if you can negotiate a pay for delete (which is rare) or, if you can prove that you requested validation within 30 days of notification and they have refused to validate (even, then, they may just mark it disputed).

So which is it?

Here's the problem:

You have two different issues.

If you're going to pay it in full then you're admiting it's valid and therefore it's reportable and will stay on the report for 7 years.

If you don't think the debt is valid, or the amount is incorrect then you need to demand validation. Since they've not properly validated, you need to drive that home with the bureau.

The only way it's coming off the report is if it's not being reported properly (e.g. not your debt, already been paid, etc.) or if you can negotiate a pay for delete (which is rare) or, if you can prove that you requested validation within 30 days of notification and they have refused to validate (even, then, they may just mark it disputed).

So which is it?

I disputed it and it came back as valid. As I said above, I sent three letters asking for validation to the CA, none of which were replied. All sent certified. I sent the CR a copy of all certified letters and return receipts, and they "updated" as valid and current. So I see my only option at this time, regardless if the debt is mine or valid or whatever, is to sue the CR since they never provided me debt validation.

So when we go to court, and they say, "Hey, here is the statements showing proof its his debt" My reply would be, regardless of statements, you failed to reply by law and the FRCA to three certified letters to prove this. So you are in violation and by law this must be removed from the report.

Is that correct?

Your first letter to them, which was a settlement offer, could be construed as admission the debt is yours. It's sticky. How was your letter worded? Did you say you disputed the validity but were willing to pay it?

They failed to validate. Leaving it on your CR and further, updating your credit report stating that the debt was "verified" after that could be construed as continuing collection activities, which is a violation of FDCPA. If you're going to sue, sue for the FDCPA violation, which is $1000.

AGREEMENT TO COMPROMISE DEBT [FONT="][/FONT]
[COLOR=black]xxxxx[/COLOR], referred to as COLLECTION AGENCY and xxxxx, referred to as CONSUMER, agree to resolve the matter of the alleged debt, originally held by the xxxxx, hereafter referred to as the CLIENT. CONSUMER hereby agrees to settle this alleged debt claimed by COLLECTION AGENCY on the following terms and conditions:
The COLLECTION AGENCY certifies that it is legally authorized to act in behalf of its CLIENT and that any agreement that the COLLECTION AGENCY makes on behalf of CLIENT is legally binding on the CLIENT.
The COLLECTION AGENCY and the CONSUMER agree that alleged debt is $xxxx. While the CONSUMER feels that validity of the debt has not been proved by the COLLECTION AGENCY, the parties agree that the COLLECTION AGENCY shall accept the sum of $xxx.00 as full payment on the debt. The acceptance of the payment will serve as a complete discharge of all monies due, and the COLLECTION AGENCY agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier's check or money order.
Upon payment of the $xxx.00, the COLLECTION AGENCY agrees to remove any listing or information that the COLLECTION AGENCY may have placed on the CONSUMER'S credit report. The COLLECTION AGENCY agrees to never at any time in the future place any information on the CONSUMER'S credit report.
The CONSUMER feels that the negative information on CONSUMER's credit report is damaging and while the exact estimation of the damage is not currently known, the CONSUMER estimates it to be $10,000 (ten thousand dollars and zero cents). Should the COLLECTION AGENCY fail to remove the listing or reinsert it at a later date, the COLLECTION AGENCY agrees to award liquidated damages of $10,000 to CONSUMER.
This compromise is expressly conditioned upon the payment being received by xxx. If the CONSUMER fails to pay the compromised amount by xxx, this contract will be immediately terminated. If the COLLECTION AGENCY fails to remove the credit information upon this agreement within 20 days of the postmark date of the payment, the CREDIT AGENCY will be in default and will be awarded as stated above.
The person signing this agreement, __________________________________, hereby declares that he/she is authorized to act as an agent of the COLLECTION AGENCY.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assignees.

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They never responded to this, or any letter.

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I am prepared to sue if that's the only way out of this mess. I have acted reasonably. I originally disputed the debt 6 months ago because I felt that it was incorrect, which can be admitted in court. I also tried to settle here, which was ignored. Then three validation letters later, all ignored.

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Also how can the CB keep updating this as valid? Is that grounds to sue them as well?


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Thoughts?

I didnt say it was mine in the letter, and I disputed this originally 6 months ago as an incorrect debt.

What about suing the CB for reporting this after I presented them with the facts as well?

So when we go to court, and they say, "Hey, here is the statements showing proof its his debt" My reply would be, regardless of statements, you failed to reply by law and the FRCA to three certified letters to prove this. So you are in violation and by law this must be removed from the report.

Is that correct?