Lucie needs some splainin !!
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Posted by Lucie
on March 13, 2002 at 15:03:26:
Hi, first I want to say that I really appreciate any and all information. This might be a bit long but I want to get as many facts in here so whom ever reads this will fully understand where I am at. In May 2000, we contacted (in writing via fax) a CA (Collection Agency) in Nevada, that was listed on my husbands CR (Credit Report). They stated that they had 19 medical accounts listed for him. We never received notices on any of the accounts, I know as I do all the mail and bills. By the Divorce Decree each parent is liable for 50% of their two childrens medical bills we do understand we that the CA is not bound by this agreement and that we will have to pay first then sue xwife for the 50%....anyhow... The collection agency starts to read off the patient name on each account, immediately we notify them that two of the names they are mentioning are not children we are liable for as they are not my husbands biological children and were born after the divorce (their father is the mother's boyfriend). We gave the collection agency at the time 50% on the one bill we were liable for and they were suppose to place the other accounts and the 50% balance on the mother (at the time we weren't aware of the agency not having to abide by the divorce papers)which we provided all her current contact information. In November 2001, we learn that they are still trying to collect on some bills so we again contact them via phone. We learn they still have all 19 accounts listed as ours. We again go through them with the new agent. We fax copies (still have copies of fax) of the divorce papers and a follow up stating before we make any arrangements on the left over accounts that they stated we were liable for we wanted validation of the debts, so that if we had to take the mom to small claims we could prove she didn't provide the proper information for the medical facility to contact us about billing and so we could see what the original balances were. No response. In January 2002, I sent a RRR (Registered Return Receipt) letter requesting validation of the debts citing the FDCPA time of 30 days to respond. Asking they not add any more derragatory information to the credit report until this matter is settled. Thirty days came and gone, we then as a good will gesture sent it again stating they missed the first period and giving them 15 days to cure. Today I received this nasty letter: Dear Sir:
Many of the demands you have made in your recent letter are after the fact. You gave us 15 days to respond and if we where to provide a validation of your debt we would have 30 days to do so. We are required to validate a debt if you request such validation within the first 30 days of our contacting you. This time has come and gone in many cases years ago. You have requested that we not report information to the credit bureaus. Again this was reported on most accounts years ago. While you are on the Internet trying to avoid paying your 19 creditors, I suggest you read about the Fair Debt Collection Practices Act and learn your rights as a debtor. We are forwarding your account to a local agency in Oregon to effect collections. Sincerely... My question is how many violations has this company committed? Wouldn't that 30 days not apply if we never received a notice? I thought a consumer never lost their right to dispute a debt, is this true? I am wanting to file a SC suit by friday March 15 so any help is greatly appreciated. I am so angry at this company!! Kindest & most sincerest thanks to all who will help.
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