Help, How to proceed?

Discussion in 'Credit Talk' started by buckeyefan, Mar 3, 2009.

  1. buckeyefan

    buckeyefan New Member

    I have alot of medical bills from over the years and they have all went to the same CA and I have been paying on them for about a year now and i have ask the CA for a list of what they have in there office for me and they sent me a computer printout of the list of bills. My question is this, some of the bills are from 1999 ,2001,2002 and 2003 can i still send a DV about these bills even though I have been paying on them all this time.
     
  2. sparq

    sparq Well-Known Member

    You can, but they don't have to respond. Also, I suspect that a copy of your most recent payment to the CA would constitute "validation" (the rules of validation are very vague and very much in favor of the CA/OC).
     
  3. cap1sucks

    cap1sucks Well-Known Member

    Unbelievable! Absolutely unbelievable! No, worse than that, it is preposterous. Been paying on bills s/he don't even legally owe anymore.

    I know what kind of a letter I would send them and it sure wouldn't be a validation letter. I'd send them a GFY letter real quick.

    Alright, I know everybody will want to know what the heck a GFY letter is so here is the nice version.

    Dear Dumbo Collection Agency

    This is to inform you that while my religion will not allow me to say what I think of you and your illegal attempts to collect from me I sincerely hope that when you go home tonight your mother runs out from under the front porch and bites you a hard one. In short, GFY.

    For those who might be a little squeamish about going that far, a nice simple cease & desist letter would also do about the same thing. If they failed to have their written response letter in my hands within 5 days I'd spend the next day preparing my federal lawsuit against them.

    Then if they ever got stupid enough to actually take me to local court I'd file another one on them for misrepresenting the legal status of the debt.
     
  4. ccbob

    ccbob Well-Known Member

    I would clarify which bills the payments have been going towards--the most recent ones.

    This could be a case of the one with the most paperwork wins, in which case, the OP should collect or construct a record of payments and match that to a record of bills.

    Then, as C1S says, make it clear that you are paying on those that are valid and not (anymore) paying on those that are not.

    While it might seem right or logical to say you were paying on the oldest ones first, YOU DO NOT WANT TO SAY THAT!!!!! Doing so will bring them into the present so they can still be collected.
     
  5. buckeyefan

    buckeyefan New Member

    I talked to atty Generals Office today and I had a lady there call the Hospital and see exactly where my payments have been posted and none of them have so she and I are working together to file a lawsuit against the CA. Thank you all for your help and advice
     
  6. cap1sucks

    cap1sucks Well-Known Member

    Bravo! Good for you! I hope the AG bites them a hard one. Chances are that won't happen. They might have to sign some stipulated agreement or get some kind of cease and desist letter but what is that to you? You get nothing at all.

    I do hope you will come back and tell us how it all worked out. Oh yea, one other little thing. Once it is all over ask the AG how much it cost the taxpayers in your state to get the AG to get the job done.
     
  7. Capitan

    Capitan Member

    Be careful

    Don't be too cavalier re whether these debts are enforceable or not. Depending on your state, the statutes of limitation on a debt may not start running until you stop making payments. In other words, every time you make a payment, the statute starts over.

    -Attorney
     
  8. sparq

    sparq Well-Known Member

    Just a piece of advice: If the hospital sold the debt to the CA, the hospital won't ever see a dime of your payments. The CA would pay the hospital a pre-negotiated percentage of your balance and then try to collect on their own.

    So it could be entirely possible that none of your money will ever go to the hospital, and that would be entirely legitimate. Your AG will give you far better advice than I can, but remember that they're only people too, and mistakes happen.

    Be careful is my advice. :)
     
  9. sparq

    sparq Well-Known Member

    Excellent advice. buckeyefan, can you get detailed payment history? Specifically, what amounts have been applied to what accounts / balances? This will go a long way to help you determine what is and is not out of SOL. And be careful how you request this information; if you go to the CA and explain what you're doing, they may suddenly decide to apply your last payment across all debts evenly, thus re-starting the SOL.
     

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