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CA/Dunning letter--mini miranda technicality ???
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Posted by piggybank
(65.161.12.25) on July 11, 2002 at 21:06:50:
Long question, sorry.
I received 3 letters from CA in Jan 2002--perfectly legal looking and sounding EXCEPT the Original Creditor was 'misprinted' according to the CA. The collection was for a medical bill my insurance didn't pay--but CA had a 'typo' (their quote) and listed the creditor as a local credit union about 2 blocks from my home. I didn't fully understand my rights at the time so I obtained verification from the credit union down the street in writing on 3 occasions that this account was not mine (end of story I thought--silly me!). On Feb 1st, I received another dunning letter from the same CA--but this time they had changed the OC to the doctor's office. However, the letter contained only the portion of the mini-miranda about 'from a debt collector'. No mention of my right to dispute the validity of this debt. And the short message 'Call Immediately. Your silence will not help you. The ONLY way to IMPROVE your credit rating is to pay this debt in full immediately.' Meanwhile I had settled the account with the OC who never mentioned the account being in collections.
??Does this 'technicality' give me much, if any ground to demand that the CA delete
??They did verify through EXP and TU and I know that they will only update it to a paid collection--whoopie
??I know damages are not awarded often in cases of technicalities--but I just want the %&*$ thing deleted
??Did they in fact violate my rights in re illegal correspondence from a CA by not including all 'mini-miranda' requirements on the 1 letter I received with the correct OC (5 days before they listed on my CR's)
??Are CA's not prohibited from making promises regarding the 'improvement' of your credit scores?
??What's the best way for me to tackle this little mess??
As always, thanks for all of the advice and information provided in this forum!
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