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 Posted: Sat May 07, 2005 9:01 am Subject: CA Violation? |
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Hi  My husband went to the doctor about a month or so ago. Since it was a new doctor, a specialist, they needed all of his info. He put down his home phone and JOB number (I told him to NEVER do that-never give anyone his job number. Right away, a collection agency stated calling our home and calling his job. They would leave messages, saying that they were from 'Dr. soandso's office' and needed to contact him. When my husband got the message at work, he called, thinking they needed to talk to him about some test, it was a CA over a medical bill. Wasn't even from that doctors office. I wrote them a letter ASAP telling them NOT to call our home or job again and that they had already violated the fdcpa 'using false or misleading representation'. started getting letters in the mail. That's okay, I just didn't want them calling. But guess what? they dared to call again last week, to my home! I have the message still on my machine. So, by this time, I'm really ticked off. I write them again ASAP and tell them that not only have they made one violation but now they made another-calling after written request NOT to. They haven't responded to the violations, but sent another letter saying 'final request'.
Funny, we don't ever remember getting this bill in the first place. Then my husband goes to the doctor and has gotten nothing but harrassment from these people ever since. All of this phone calling, notices and then 'final notice' within a month from the time they first roared up their heads.
Now, we're only talking about $49.00. But right now, its more of a point with me than anything. Its that they violated my rights---ignored that they violated my rights and then being pushy and demanding. I thought about sending them $1 a week just cause I'm ticked off.
I want to not pay them since they're being such a pain but the harrassment might get worse? surely they wouldn't take us to court over $49, would they???
opinions here please? thanks, shirley
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shirley
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Debtcc Points: 100
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| Posted: Sat May 07, 2005 10:11 am Subject: Collection agencies are always pain |
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| Quote: | | I want to not pay them since they're being such a pain but the harassment might get worse? Surely they wouldn't take us to court over $49, would they??? |
No I do not think for $49 they will take such step.
| Quote: | | it was a CA over a medical bill. Wasn't even from that doctor's office. |
Does this bill belong to you? If yes try to settle the account as it may reflect on your credit report. Since it is just $49 try to settle it sooner for a cleaner report.
Please keep us updated on this issue as we have never seen an action taken on such small amount. But you never know.
Denny
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Denny
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| Posted: Sat May 07, 2005 2:39 pm Subject: |
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What I'd do is pay the original HC (Health Care Provider) the 49.00.
Send it CMRRR, or in person.
My Reasoning behind this is the HIPPA laws.
They only cover Medical Providers and Not CA's. "IF" you ask the CA for "Validation" of this type of debt you are ina way giving them "permission" to ask the HC for the invoice, procedures/details that make up that bill etc...and thus "EXPOSE" your medical procedures to a non-medical agency etc..I am sure U do not want that.
ONCE you have paid that bill to the Original Provider ask them to remove the listing from your CR as there is then no reason to report a MEDICAL" collections account as none exist.
Also at that time Dispute it with the CRA too as "NOT MINE" as if it is paid, then that collection account is not yours...and if it is then verified and dont drop off, contact the Hospital/Doctor's Billing dept and explain they are reporting a "PAID" account against HIPPA laws as there is no "NEED" to have reveled that "medical" procedures have taken place.
Also copy that letter to the "Legal" dept of the Hospital/Dr.'s Office too.
It should disappear with no Problem.
Also take a look at my thread Alliance One is going Bye Bye  , MEdical HC is working with to something similar to this..a short phone call tothe OC's billing dept maybe all that is needed.
Jerry
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NOTE: Not all will agree with me, nor am I a Lawyer offering adivce, just offering my Opinion.
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jtucker
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| Posted: Mon May 09, 2005 9:47 am Subject: |
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Hi Shirley
Please confirm the amount if it really belongs to you. You can have your latest credit report from the credit bureaus and see if this amount is reflected over there. If so, then you can just pay this amount off to make your credit report clean.
Roxette
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roxette
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