Not sure what to do
Date: Thu, 04/29/2010 - 17:19
I received a statement from Medicredit for a ER physician bill. I knew I owed it, and had just forgotten it needed to be paid before it was sent to collections. As soon as I received the statement, I paid it off. It was about $295.00
The very next day, after I pay that off, I get a call from them claiming I still over $2000.00. I had no clue what they were talking about. The lady says that the charges are from the same ER physician group, but are charges from 2002. (Now, in 2002, I did have several ER visits, but also had insurance. I was in and out of the hospital for the whole year. My husband at the time-now my ex- changed our mailing address to his mom's address. So it is likely there were bills sent that I never saw) I told the lady I still did not believe I owed anything, and asked they send me a copy of the bill or some kind of statement like I had received for the previous charges.
The lady says ok, it would take a few weeks.
A week later, they are calling me again. I once again explain I do not believe I owe anything and am waiting to receive a copy of the statement.
Today I receive yet another call. I again explain to this lady what I am waiting for, because I do not believe I owe anything. The lady looks at the notes, and says she sees where I had requested the statment, but that because it is too old, the records or copy of the records no longer exsists and they can not send me anything.
So basically they want me to pay, without giving me any kind of proof that I owe anything.
She says that the debt continues to collect interest until I pay it off.
I've checked my credit report, and there is nothing on there about this supposed debt. I've checked the statute of limitations in my state (AZ, always lived here) and I believe it is past the time they are even able to try collecting on this.
What can I do or say to get them to leave me alone? Is there a letter I can send? It seems like once I paid off the recent bill I just made things worse!
Any advice is appreciated!
Jessica
Hi Jessica-- A couple things. First, there is no statute of l
Hi Jessica--
A couple things. First, there is no statute of limitations on the time they have to try to collect a debt. The SOL youre referring to is the time they have to take legal action against you. Once a debt goes beyond that time, they cannot legally sue you over the debt. But they can still try to collect on it.
I would send them a certified debt validation letter. Send it certified mail, and inform them that you have already requested that they send you written proof of their claims, but they have repeatedly refused to do so. Inform them that pursuant to the Fair Debt Collection Practices Act, they are now required by law to stop all collection efforts until they send you this written documentation from the original creditor. If they still continue to call after they sign for this letter, then go to www.naca.net and find yourself a consumer attorney in your area.....and sue them for violating federal law. they will have to pay you up to $1000 and your attorney's fees and court costs when you win.
Next time when you receive their call, just mention that they ha
Next time when you receive their call, just mention that they have five business days to send you the dunning letter of collection. After receiving the letter of collection, send them the debt validation letter through CMRRR.
There has been many instances discussed in this forum about dealing with collection agencies. You may read some such discussions for help.
Also keep an eye on your credit reports. They may not be on the
Also keep an eye on your credit reports. They may not be on there now, but many CA's use credit reporting like a weapon. Keep tabs on it to make sure they didn't insert anything since in their eyes you are being stubborn about this.
The fact is, it is your RIGHT to be shown proof of anything a company claims you owe. Besides, unless you signed something agreeing to interest being applied to the account, they can't charge it. There MAY be a provision about interest in your state laws, but again, it can only be applied to a legitimate debt. Some company claiming, "oh you owe us X amount of dollars but we have no proof, too bad you owe it anyway." IS NOT LEGITIMATE.
