Steve
Bradenton,#2Consumer Suggestion
Wed, May 10, 2006
The problem here is that the OP handled this over the phone. Everyone wants to pick up that phone. STOP!! EVERYTHING needs to be in writing and sent by certified mail, return reciept requested. NEVER speak to ANY collector. NEVER!!
Heather
Murphy,#3Consumer Suggestion
Tue, May 09, 2006
Antoan: You are not stuck with this. It is OSI's responsibility to provide solid proof of the debt. Upon written request from you, they are required by law to obtain proof of the debt FROM THE ORIGINAL CREDITOR and then forward to you. And medical debts have to be treated in a very special manner by debt collectors. The proof must be sent by the original creditor to the debt collector in a sealed envelope (to protect your HIPAA rights). OSI must then forward this sealed envelope to you so you can see what they are trying to collect. OSI will most likely try to produce some in-house statement trying to pass is off as proof - if so, deny the authenticity of it. Or they might have a whole bunch of really personal medical information on file for you that they have sent along unsealed. If they this, THIS IS A MAJOR HIPAA VIOLATION. The best way to attack this is to do the following: First of all, stay off the phone from now on. Correspond in writing via certified mail only. It's slower, but easier to prove in court. Immediately send a letter to OSI via certified mail return receipt telling them that you dispute the debt in its entirety. Demand that they send you validation of the debt via postal mail. Also make sure that you demand the removal of any reference to this account from your credit reports if they are unable to obtain the validation. While you are waiting for a response, immediately send a letter of dispute to each credit bureau that the account is listed with. OSI will do one of two things: 1) ignore you completely and post/re-validate a negative account on your credit report, or 2) they send unsealed private medical information, or 3) they attempt to send you bogus documentation to try and prove the debt is valid and then post/re-verify a negative account on your credit report. If #1 happens, send another letter stating that you are still awaiting validation and repeat your demand for immediate deletion of the account from your credit reports. They'll probably ignore you again, but at this point you can prove willful noncompliance of the FCRA. Take all of your paperwork to an attorney who specializes in debt collection law...can be found on the NACA website. If #2 happens you have them on HIPPA violation. Seek the same kind of attorney to help you out. If #3 happens, immediately send them another letter rejecting their bogus documentation. Tell them that the account is still disputed and to remove their tradeline from your credit reports. Sue if they don't respond to your demands. Read up on the FDCPA and the FCRA. They are there to protect consumers, so use them! Good luck!