Collection agency reported disputed collection to CRA

CN47 will be here to show you how to profit off this shortly

quaters said: Which standard letted did you use?See this post, especially page 3 into 4. I used the letter that everyone is bashing.

christoj879 said: CN47 will be here to show you how to profit off this shortly Fingers crossed.

I should say, having read some more, that the validation may have been okay for everything except the interest. Even though I disagree with the original charges, they are listed on documents from the doctor along with dates and payments, etc. THERE IS NO PROVISION for interest anywhere in the documents.

jidteach said: Note to future self: Pay it, even if you don't really owe it; the hassle isn't worth the trouble.I wholly disagree with this on principal.

About ten months ago, I found out Comcast had billed me for service three months after I stopped service, returned equipment, and paid the account balance. Today, I received mail from CA stating they were dropping the collection. My credit report was was also updated today which raised my TU score by almost 50 points.

Coming out of this, I would definitely recommend that you don't put up with companies giving you the runaround. If this happened to me again, I also wouldn't bother waiting the recommended 30-45 day or whatever period before retrying/escalating to the next low-level drone. Just go for max impact, file a complaint with the state medical board and BBB. Best of luck!

=========== wall of text ftw! ========

Last Fall I called Comcast customer service to try and resolve it. Despite promises from various levels of CSRs, no one really cared enough to resolve the error. Don't bother disputing with TU, my multiple disputes (I was lazy and it takes two minutes) just resulted in a remark on my credit report along the lines of "disputed by customer, meets FCRA requirements".

I don't know how it would have turned out with the CA, my first CMRR correspondence prompted a reply requesting more information so they could identify my account. I didn't get uppity and try to CN47 them because Comcast misspelled my name so their request seemed reasonable.

I mailed my second CMRR letter but got impatient after a week and filed complaints with the state's BBB and FCC against Comcast on Friday, June 12th. I received correspondence from "Executive Care" on Monday, June 15th to rectify the error. It was an annoying process, although I did learn quite a few interesting things from CN47 and creditboards.

Is this thread under moderation? or did the rules change for posting threads with links?

quaters said: Did they send a letter saying they were legally allowed to collect on the debt? NO!

Crazytree said: one year of litigation, complex pleadings and multiple appearances in Federal CourtIs that all ?

Hire a malpractice attorney to write the OC a stern letter. That may change their tune! Also, get a new dentist.

I too disagree with the just pay it to avoid the hassle/save your credit approach. Is good credit really worth it if someone can just threaten your report to extort payments? By reporting, they just potentially brought in the FCRA to the picture.

Did the CA report the debt as "disputed" to the CRA's? If not, FCRA and FDCPA violation. obtain paper copies of your reports to verify this.

I would beat them up over the added interest. If it isn't in the agreement, I'd say that they were trying to collect an unauthorized fee in violation of 15 USC 1692(f). Are they including the interest amount in what they reported to the CRA's?

Also PS - both my AMEX cards were cancelled as a result of the CRA listing. B of A dropped my credit limit $3K.
Now you have them on actual damages. 3k plus whatever your cancelled cards were worth, plus statutory damages, potentially 3x your actual damages if you can tie in your state's deceptive trade practices act into it. Now you are talking at least 10k. Is that worth your time?

one year of litigation, complex pleadings and multiple appearances in Federal Court... and your reward... if you're successful... will be $1,000. where do I sign up?
I disagree with this statement. First of all, litigation is an uncertain beast, and it may take 1 year, 6 months, 3 years, or 30 days. It just depends on what the other side is willing to do, what you are looking for, and how expensive you make it for them. This sounds like a small time collection agency, so they may not know that FDCPA cases are horribly expensive and not worth fighting and you just might have to teach them that lesson. Alternatively, they could make you an offer out of the gate or when you start pounding them with discovery.

I'd estimate that hiring a decent lawyer to defend such a case would run at least 4-5k per month, which means the case could cost anywhere from a few grand to 50k. At some point, someone is going to say "why are we paying 5k to our lawyer when we could just give this guy 5k to go away." I have NEVER recieved just 1k in any of my cases. The average cost of one of these cases is 3500 or so and that comes from the debt collectors themselves. In this case, I'd estimate that your claims to the other side are at least 10k. Depends on what your lost credt is worth and what they reported.

In all my cases, I have had exactly 2 appearances in court. Most of the time you will spend waiting on the postman. I'm not sure what complex pleadings you are referring to. Most of it is the complaint, discovery, and a few motions.

codename47 said: Now you have them on actual damages. 3k plus whatever your cancelled cards were worth, plus statutory damages, potentially 3x your actual damages if you can tie in your state's deceptive trade practices act into it. Now you are talking at least 10k. Is that worth your time?So you're guaranteeing a result of "at least" $10,000 here?

I have a printed copy from someone who ran my credit on residentscreening.net. Does that count as paper?
No. Get a copy from each CRA. Write them, cite adverse action, and you should get a free copy in 5-10 days. A copy from residentscreening.net isn't exactly the best thing to hold up in court.

If they reported the interest amount and did not report it as disputed, then IMHO they violated the FCRA and FDCPA.

So is my next step to file? Where do I do that? I don't need every step in the process, just give me an idea. Do I write them and threaten or just sue? And what the hell does "sue" mean, file in fed or state and which court, and...and...?

File in your local federal district court. I am no fan of small claims, and it would likely get removed to Federal court anyway. Don't write and threaten them, just do it. Do you have any lawsuit templates? Check your local court district website (start at uscourts.gov, they have a map) they likely have a pro-se manual. If you need any other help, I can send a few resources your way.

Crazytree,
I am not by the way guaranteeing 10k, but I am saying that it is in the realm of possibilities, not just a mere 1k maximum statutory claim. Easily 3k for the lost credit, plus 1k FCRA (at least), plus 1k FDCPA, you are at not less than 5k right there. Add in whatever else you lost in cards being canceled, and possibly treble damages (deceptive trade practices), you could get up to 20-30k or more.

jidteach said: Crazytree said: So you're guaranteeing a result of "at least" $10,000 here?Are you just threadcrapping here? Because I really am in this horrible situation and in need of advice. I appreciate any positive comments you can make, but simply challenging posts is NOT helpful. Offer a solution or just leave it be, please.The solution is pay your bills when you know you owe them and don't try and play games over interest calculations or else you'll trash your credit score.

Crazytree said: The solution is pay your bills when you know you owe them "Pay your bills, deadbeat!" is insulting, especially when it isn't accurate. You don't have the first idea of why I disputed this charge and I have no interest in explaining it to you. Now please stop threadcrapping. If you do not like this thread, feel free to stop reading it.

jidteach said: Crazytree said: The solution is pay your bills when you know you owe them "Pay your bills, deadbeat!" is insulting, especially when it isn't accurate. You don't have the first idea of why I disputed this charge and I have no interest in explaining it to you. Now please stop threadcrapping. If you do not like this thread, feel free to stop reading it.I am an attorney who has done probably 50 debt validations, and not one of them ever ended up in a derogatory on a credit report. I even dealt with a dental case, which ended up as an elder abuse lawsuit against the dentist and the financing company and it settled out. I have even had one of my medical bills go to collection, erroneously, and had the debt collector claim that I had ignored 12 letters over the course of one year over approximately $28. This one also resolved without the need for Federal litigation.

The difference between an attorney analyzing a case like this and a stranger on the internet are two-fold.

Firstly, the attorney must always keep the client's interests first. So is it in the client's interest to pay the principal that is owed and then sue in small claims court later in order to avoid severe adverse action as a result of the derog? Depends on the amount. But what is reckless is individuals who are not attorneys who advise you to send form letters and file Federal lawsuits using form complaints and form motions... especially when a layperson cannot possibly comprehend the ramifications of their actions. Writing a dispute validation letter is not a bad idea, but it is FOOLISH to not follow-up with the collection agency over the telephone and try to resolve the matter. Sending a form letter that you don't understand without following-up is essentially PLAYING CHICKEN with the DCA.

Secondly, you have to remember that most of the people that tell you to sue first and ask questions later are people who already have their credit reports trashed. An attorney would certainly advise a client with a spotless credit report to approach the matter with a different risk tolerance than someone who already has multiple collections. The SUESUESUE people tend to be people with severe credit problems who has nothing to lose but their time, and this is not clear to a layperson taking poor legal advice from strangers on the internet.

I am an attorney who works on litigation matters, and I am not exaggerating here, probably 340 days a year. The first thing that strangers on the internet will do that an attorney will not is to give you a GUARANTEE OF OUTCOME. There is no such thing. The litigation process is incredibly time-consuming and money-draining. Anyone who claims that you are guaranteed an outcome by modifying forms you find on the internet and filing them is having a severely detrimental impact on those who rely on their advice. Even as a litigator, I realize that litigation is by nature uncertain, and that uncertainty is built into the system in order to promote and facilitate non-judicial settlement by the parties, in fact the whole legal system in this country is set up to either facilitate or to force settlement. Although courts in states like California can maintain jurisdiction over a settlement matter under Code of Civil Procedure Sec. 664.6, the job of the judge is to clear the calendars by forcing cases to trial in order to clear the dockets through settlement.

This is a case where OP was likely well-intentioned but misinformed. This entire situation was caused by not trying to resolve the matter among the parties, and instead relying on internet advice and poorly-written form letters copied-and-pasted off of God-knows-where. Litigation should be the last resort, as it is complex and expensive. It is not some surefire moneymaking operation as it has been presented... along with specific, to-the-penny, outcome guarantees. Federal litigation is time-intensive and there are considerable filing fees involved if you can't get a fee waiver. But then if you are getting fee waivers, you don't have a job... so it's no big deal to miss work to come down and sit in court for half the day without getting paid. And all this, for what has been described by certain proponents of this method for an average recovery of approximately $3,500, which DOES NOT take into account lost time and lost filing fees for unsuccessful actions.

I am not your lawyer, nor am I offering legal advice specific to your case. However, if you will describe to us in detail the SPECIFICS of the debt and a timeline, perhaps we can come up with a plan of action to minimize the fallout. However, the idea that this is a good thing and that you're guaranteed "at least $10k" is disingenuous at best.

Crazytree said: I am not your lawyer, nor am I offering legal advice specific to your case. However, if you will describe to us in detail the SPECIFICS of the debt and a timeline, perhaps we can come up with a plan of action to minimize the fallout. I truly appreciate this. I accept your generous offer. Here we go...I had endodontic work (root canal) done on one tooth, in two sessions over the course of one week - at the end of last year. On the bill a charge for a core buildup appears, dated the second date of treatment. This was NOT part of the original course of treatment and was not authorized by me in writing, but performed (apparently) at the request of the referring dentist as a courtesy. This is important because it was not necessary at the time and it added ~$300 to my bill. I paid the endodontist ~$400 of the original ~$1000 charge (exclusive of the core buildup); my insurance paid ~$200, which was all I had left for the year. If you are tracking the math, that leaves about $400 due and owing on the amount I agreed to.

I received a demand for payment of ~$700 in January. Over the course of the next two months I phoned them, then wrote to them twice. With the the second letter I sent a check for a proposed settlement amount. I admit that the check was for less than the ~$400 that I legitimately owed; they responded each time to pay in full or go to collection.

Collection agency first letter dated April 15th had ~$20 interest added to it, which had not appeared on any of the bills or in the contract I signed with the dentist. I responded with the cut and paste validation letter May 13. I have received three more letters form the collection agency, the last of which, dated May 27, states "we have processed your dispute and it has been dismissed demand is HERBY [sic] made for payment in full." My signed agreement (dated the FIRST day of treatment and which includes the phrase "I have been informed of the treatment plan and associated fees") and the bill (showing the core buidup dated one week after the signed agreement) were attached. They listed my account as collection to CRAs June 8th.

Crazytree said: Litigation should be the last resort, as it is complex and expensive. It is not some surefire moneymaking operation as it has been presented... along with specific, to-the-penny, outcome guarantees. At this point I just would like to pay what I agreed to: ~$400. But we are way beyond that now. I would like my credit rating back. I am trying to get a loan for a condo. I cannot imagine how to get my AMEX Blue Sky and SPG cards back. As I said in one of my early posts, I probably should have paid the dentist's office WHAT THEY SAID I OWED - notice the difference between that and WHAT I OWE. But, that is 20/20 hindsight.

This is the *only* collection on my report.

One other possible solution: Send (or better yet, have an attorney send) the dentist a certified letter, return receipt requested to be signed by the dentist, advising him that you intend to sue him for damages (impairment of your credit) unless he makes arrangement with the collection agency to remove the item from your credit report. By remove, you want it completely removed, as in taken off, not merely shown as a "satisfied" account

Please stop bickering...I could use a wee bit more advice here...then I shall allow you to resume yelling at each other.

codename47 said: You show me yours, I'll show you mine.

Crazytree said: what County and State do you live in?San Bernardino, CA.

Unfortuntely, suing has become a necessity these days. The creditors know that people are afraid of getting dinged on CR so they use it as a 'tool' to 'threaten' for even things that the person may not owe. Case in point: My previous landlord wanted me to pay for a damage that pre-existed. I have all the proof in hand - photographs, move-in inspection checklist, email follow-ups, etc. He still wanted me to pay for it, and threatened that he would send me to collections if I did not pay up. He did send me to collections, I disputed, won, and put the landlord to rest. Had he not agreed with it and had the collections removed, I would have definitely sued the collections and the landlord.