Jump to content

The last post in this topic was posted 6027 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts

Posted

I searched under medical collections, but I'm still not sure where I stand on this.

 

I have 4 medical bills from CAC Financial, that equal about $1,600. I requested validation, and they sent me 2 statement for charges. (not itemized) The debts are from the attending doctor at the emergency room. Not the hospital. The only thing on the statement is my name, date of service, and the services provided. There was no letter from the CA, just the statement, and it dosen't say were trying to collect a debt, or how much each service costs.

 

Is this validation? I also noticed on my credit reports that they pulled an inquiry on me the day after they recieved my request for validation. Is this legal?

 

Also, since I never signed anything saying I would pay the Doctor (who is a hospital contractor) or the hospital, how can they validate? Dosen't there have to be some sort of signature for full validation?

 

I guess my question is, what is full valadation? what is the minumum amount of information they have to provide, in order for it to be okay if we went to court? Please don't list another thread, because I've read the wollman letter, and still don't comprehend it. In plain speaking terms, what do they HAVE to provide for it to legal validation?

 

Thanks


  • Admin
Posted

First the easy question.

 

Whether or not it's legal to pull your report depends on when they mailed you the validation. They cannot pull credit after a validation request, until they have sent the validation. (date sent, not date received by you)

 

As to what "validation" is, and how much is enough-

now there's a topic for 'ya!

 

The CA's seem to think that name, address, amount is enough.

They refer to the Chaudry case, which actually had nothing to do with validation or debt collection.

Wollman and the others set a slightly higher standard- but there is really nothing definitive that says "you must provide this, and this, and this"

 

I've personally settled on this for a standard:

If a judge could look over the materials provided, and reasonably conclude that:

1) the debt is your responsibility and

2) the amount claimed is correct and

3) the documents are not altered or forged..

 

then it's good enough in real life. After all, that would be the final stop for this type of dispute- in front of a judge.

 

For medical services, your name, date of service, and total charges owed would likely be enough for a judge to decide, unless you have reason- and proof- that the bill should not be your responsibility.

  • 1 year later...
Posted

I am a Registered Nurse and many collection agency get hold to account from dishonest medical employee that is against the law. It is the HIPP law that is federal and you can't obtain a person medical records unless it is the law enforce which would be FBI or a court order sign by a judge.

This I would dispute and request vaildation by application, document sign by you, plus many debit collection you don't owe them the contract is with the orignial creditor. That is the new FDCP.

Go the FTC site and look up letters that you can send that is for vaildation of a debt. I used them all and all 9 of my collection items were removed. Read the law when you dispute they must report that also to the CRA.

See what vaildation require them to send you, not just amount, but their license number, contract, etc.

Many of the debt collectors may not be licensed or trying to collect to get the account in the first place.

It is against the law for a debt collector to charge you a fee to collect the debt. The debt must be exactly what you owe the creditor.

  • 3 months later...
Posted

johnsonl5, do you have the link for the validation letter you used from the FTC site. I am on that site and cannot find any letters for validation. However, I understand they do have case law backing validation. Are those the letters you are referring to?

  • 4 weeks later...
Posted
First the easy question.

 

Whether or not it's legal to pull your report depends on when they mailed you the validation.  They cannot pull credit after a validation request, until they have sent the validation.  (date sent, not date received by you)

 

As to what "validation" is, and how much is enough-

now there's a topic for 'ya!

 

The CA's seem to think that name, address, amount is enough.

They refer to the Chaudry case, which actually had nothing to do with validation or debt collection.

Wollman and the others set a slightly higher standard- but there is really nothing definitive that says "you must provide this, and this, and this"

 

I've personally settled on this for a standard:

If a judge could look over the materials provided, and reasonably conclude that:

1) the debt is your responsibility and

2) the amount claimed is correct and

3) the documents are not altered or forged..

 

then it's good enough in real life.  After all, that would be the final stop for this type of dispute- in front of a judge.

 

For medical services, your name, date of service, and total charges owed would likely be enough for a judge to decide, unless you have reason- and proof- that the bill should not be your responsibility.

 

If there is insurance involved, copies of the remittance notices from them would be included in validation, and if there have been any payments, a full accounting  showing all contractual adjustments, credits and debits applied to the account

  • 3 years later...

The last post in this topic was posted 6027 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.




  • Member Statistics

    • Total Members
      190435
    • Most Online
      9039

    Newest Member
    mhudson323
    Joined
×
×
  • Create New...

Important Information

Guidelines