tag:blogger.com,1999:blog-2927206001214974856.post2819227797740199515..comments2023-10-05T05:55:48.485-07:00Comments on Repair Your Bad Credit With Future Fico: Challenging Chaudhry v. Gallerizzo From A Collection AgencyShannon Lopezhttp://www.blogger.com/profile/13849218383895424511noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-2927206001214974856.post-38482105142994899002017-02-14T11:47:59.935-08:002017-02-14T11:47:59.935-08:00Hi Emily,
It is correct but then again, not neces...Hi Emily,<br /><br />It is correct but then again, not necessarily so simple to remove with just that bureau dispute. Many times the bureaus will just respond saying that the furnisher verified the information.<br /><br />You will need to be prepared to also fight these with demands for validation. That validation letter needs to tell them that one of the items they must send you is a copy of a valid contract between their company specifically and you. Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-52953157501181941372017-02-14T11:38:32.106-08:002017-02-14T11:38:32.106-08:00Hi Shannon! I have two open collection/chargedoff ...Hi Shannon! I have two open collection/chargedoff accounts on my report from 2013. They are from<br />a doctors appointment with labs that my insurance did not pay. I have read about disputing with the bureaus by citing "NO CONTRACT". I was told this can get those bad marks removed. Is this correct? Anonymoushttps://www.blogger.com/profile/12192995769012762530noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-62442550666614190332016-04-27T07:41:00.252-07:002016-04-27T07:41:00.252-07:00Jaclyn - I think Shannon covered this at one point...Jaclyn - I think Shannon covered this at one point in time with medical collections, but may be relevant to replies your are about to receive from the medical collection agency. <br /><br />If they reply with your bills, they normally come with a procedure code, which means they just shared your private medical records and are in serious violations of HIPAA, ARRA, HITECH Act.<br /><br />I had a collection agent from a physical theorpist send medical records to me in an attempt to validate a debt, to which I responded that they were in violation of <br />-Level 3 HIPAA with financial penalties and up to 10 yr in jail.<br />-Subtitle D of ARRA Sec. 13401<br />-Subtitle D of ARRA Sec. 13407(1)<br />-Held liable for penalties outlined in the HITECH Act for their willful violation of Subtitle D of ARRA Sec. 13401 & 13407.<br /><br />They overnighted an apology letter to me via FedEx and deleted all files.<br />Anonymoushttps://www.blogger.com/profile/14842005645745995979noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-36383339967898310362016-04-14T20:46:37.756-07:002016-04-14T20:46:37.756-07:00Hi Jaclyn,
You have the right to dispute informat...Hi Jaclyn,<br /><br />You have the right to dispute information you believe to be inaccurate - at any time! So, since a collection agency has no contract with you, you can dispute these last two collections with the credit bureaus first. Tell them you have no contract with this company and owe them nothing. Please delete.<br /><br />They will most likely come back as verified. Now you can write a letter directly to that collection company demanding validation. Tell them that they definitely better have a contract with you for these two alleged accounts and they need to send a copy of that for each one, plus other items you need for validation such as a full accounting, proof they have been authorized to communicate with you by sending you a copy of their assignment from the OC or a bill of sale, disclosing also the amount paid for each account.<br /><br />You will also want to receive a full chain of assignment from the OC through every other collection agency before it got to them. You also want proof that it is not outside the SOL, and proof they are licensed to perform any collection activity in your state. (if your state requires licensing and bonding). <br /><br />They will probably send you a bill from the medical facility or doctor, whatever the bill is for, but they will not send you a signed contract because they have none. <br /><br />Continue rejecting their claim of validation and tell them you will never accept that they have any interest to protect as they have never lent anything nor provided any services to you that you requested, until they provide a valid contract showing you have agreed to do business with them.<br /><br />You may have to do this repeatedly and may even need to file a small claims lawsuit against them for failing to validate and send a copy of the contract showing you agreed to do business with them, they provided services or lent you something and you need to REPAY them.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-60138614236585481782016-04-14T20:06:38.439-07:002016-04-14T20:06:38.439-07:00I wish I read this sooner. I have five medical bil...I wish I read this sooner. I have five medical bills and just paid three of them (smaller amounts). However, I still have two others in collections with this company, and the amounts are too large for me to pay right now. Would I still be able to do everything listed above? Any assistance would be appreciated. Anonymoushttps://www.blogger.com/profile/05355578682388500669noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-42958752857751367332015-01-28T09:45:24.293-08:002015-01-28T09:45:24.293-08:00Hi Joshua, thanks for your comments. First, I thin...Hi Joshua, thanks for your comments. First, I think you need to re-read the post because I did not say people who cite Chaudhry are idiots but rather when you send a follow up letter to their response, you are showing that you are not an idiot.<br /><br />Chaudhry is about verification, not validation. Verification should be received in the form of a sworn affidavit under penalty of perjury. The only persons who can produce verification are those with first hand knowledge and anything short of that is hearsay.<br /><br />3rd party collectors cannot meet the challenge of verification because they have no first hand knowledge. Verification must also be supported by the documentation, which is the validation, in order for it to rise above the level of hearsay. That has repeatedly been upheld in courts across the country.<br /><br />I don't know that the courts you state above are actively spending extensive time discussing the ruling unless they are arguing about the over and misuse of it by debt collectors. If FTC lawyers reiterate that verification is pretty much just validation resent, (oh, and I haven't read that anywhere), I think I might agree with that, provided the validation is accompanied by sworn testimony.<br /><br />Regarding the Senate report, I don't know which one you are referring and as I haven't read all of their reports, I can't confirm or deny they said that. What I do know is we have a lot of stupid senators and most of them are totally ignorant of the game collectors and bureaus play with consumers. I think the Senate gets things wrong much of the time and I think they are persuaded to get id wrong often because they've been compromised by lobbyists for the banking, bureau, and collection industries.<br /><br />So I'm wondering Joshua, are you a debt collector, paralegal, intern at a law firm, or just a student of the law? I enjoyed your questions as they gave me an opportunity to respond and for others to learn from the exchange.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-14254993400761910362015-01-28T07:40:44.645-08:002015-01-28T07:40:44.645-08:00If people who cite Chaudhry are idiots, why do cou...If people who cite Chaudhry are idiots, why do courts like in Dunham and Clark and Mahon and Haddad spend extensive time discussing the ruling? Why do FTC lawyers reiterate that verification is pretty much just validation re-sent? Why did Haddad explicitly reject a dictionary approach to the word "verification"? Why did the Senate report underlying that provision say verification was only meant to ensure that identity of the debtor was on point? Pimp Daddy Juicy Cheekshttps://www.blogger.com/profile/14142752222806140466noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-25108008646750662882013-03-08T00:12:07.079-08:002013-03-08T00:12:07.079-08:00Hi Erica, yes it is a letter that you write yourse...Hi Erica, yes it is a letter that you write yourself. I can help you if you call me. I can tell you what to put on it. My phone number is up at the top and I do answer my phone.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-30851834411124316042013-03-07T22:50:30.117-08:002013-03-07T22:50:30.117-08:00Where can I get the validation letter from or is i...Where can I get the validation letter from or is it a letter that I write myself.Anonymoushttps://www.blogger.com/profile/06962503747573649822noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-27882552511626912752013-01-30T01:57:55.503-08:002013-01-30T01:57:55.503-08:00Anonymous commented that they wanted to know how t...Anonymous commented that they wanted to know how to subscribe to this blog. I don't have a "subscribe" button but I do have a little blue button to the right and up a bit that says "Join this Site". I think that is like a "follow" or "subscribe" button. I'll see if I can find one more noticeable that I can add. <br /><br />(sorry his/her comments aren't showing up. I think I hit some wrong tab when I went to moderate and publish the comment. It published but didn't have the comment!)Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-20847415353612214012013-01-16T05:08:43.025-08:002013-01-16T05:08:43.025-08:00Anonymousnoreply@blogger.com