December 18, 2002 The NitWit Hospital Dept. xx-xxxx MyCity, Ohio 12345 Certified Mail # xxxx xxxx xxxx xxxx xxxx (2-Pages) Re: Acct # 123xxxxxxx for Mr. Butch Mr. Sir/Madam: Recently I've noticed an increase in the amount erroneous junk mail from you. This letter is just a friendly reminder as you've already received, at the address you specified for receiving such inquiries, the following; 1) My letter 6/22/2000, disputing your bill pursuant to FCBA Federal Law, ignored. 2) My letter sent 11/27/2000, Cert. Mail Number: xxxxxxxxxxxxxxxxxxxxxxxxxx, signed for on 11/29/2000, by illegable, reiterating my full dispute of this erroneous bill pursuant to UCC, and FCBA Federal Law, since #1 was ignored. This also was completely ignored. 3) Bill adjusted and restrictively endorsed pmt. in full sent 7/11/2001, enclosed with pmt. in full contract. Cert. Mail # xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. Signed for by Jessy Johnson. Account "closed/paid in full as agreed." Also completely ignored, but of course, you cashed the check. Pursuant to the FCBA 161 [ 15 USC 1666 ] you are required to respond to my dispute within 30 days of it's receipt. Taking collection action prior to your addressing my dispute is a violation of the FEDERAL LAW! Since you've ignored my disputes, and all subsequent communications, and attempts at communication, I am under NO OBLIGATION WHATSOEVER to respond to these erroneous demands for pmt. I write this day as a courtesy to help you save some postage. You are/have been in violation of the FCBA and UCC as (but NOT limited to) the following;: FCBA Section 162 [ 15 USC 1666(a) ] (a)After receiving notice from the obligor as provided in 161(a), a creditor or his agent MAY NOT directly or indirectly threaten to report to ANY PERSON adversely on the obligors credit rating or credit standing because of the obligors failure to pay any amount indicated by the obligor under section 161 (a)(2) and such amount may NOT be reported as delinquent to ANY THIRD PARTY until the creditor has met the requirements of section 161, and has allowed the obligor THE SAME NUMBER OF DAYS thereafter to make pmt.... In your notices you not only threaten to take further action by placing with a collection agency (reporting as delinquent to a 3rd party) but you also state, quite clearly that; "they will report the debt to the credit bureau which will affect your credit." This notice serves as constructive notice that if you proceed to take further action you WILL BE SUED, quite probably in Federal District Court, in demand of a Jury Trial. As I am permitted "the same number of days to make pmt. arrangements" as the number of days it takes you to respond to my dispute, (as outlined in FEDERAL LAW), and since you received my first dispute 910 days ago, ( from 6/22/00 ) and are yet to respond to my dispute, it will take another 910 days for me to pay you, as permitted by FEDERAL LAW!!!! By then you will be well beyond the statute of limitations for the collection of ANY MONEY. STOP WASTING YOUR POSTAGE MONEY AND ADJUST YOUR RECORDS immediately, if not sooner. Respectfully, *** Mr. Butch * Blacks law Dictionary defines FRAUD thusly: An intentional perversion of the truth for the pur-pose of inducing another in reliance upon it (the truth) to part with some valuable thing belong-ing to him or to surrender a legal right: a false representation of a matter of fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another so that he will act upon it to his own legal injury.
Butch, This is a good line of discussion as I'm in the same boat but with a store. If they come back and say they never received/you never sent a letter (6/22) within the required timeframe - what's your plan? I'm still waiting for a response to my follow up. Too bad I was dumb and trusting back then and didn't send my dispute CRRR!!! 0
Righto LK, The bill is for medical services. The hospital is handling the billing for it. One could reasonably expect that I meant a Hospital Bill because it's addresses to NitWit Hospital. I shoulda clarified that. Thanx,
LizardKing brings up a good point Zero. Since I didn't know what kind of contract you have with this store, it's presumptuous of me to recommend an FCBA fight. You did say "within the required time frame" so I assumed it was Open Ended. What kind of deal was it?
Butch, Where did the other stuff that you posted go? About contracts, medical providers and Ohio law and all that?
I don't claim to know much yet, but it seemed well researched and on point. If I may ask, what was wrong with it?
Just your typical store charge card. Sent my dispute in within the timeframe listed on the bill but never heard back. At the time didn't realize there was any recourse beyond that. I'm trying the goodwill route now. PFB'd over a month ago and several letters to admin. haven't been answered. I have a couple more goodwill targets I may try. If that doesn't work THEN I start mentioning various forms of poxes and plagues that may be visited upon them. I have a couple of novel legal theories that, if they hold water, could mean a class action or 2. 0 down, 4 more left
Oh yeah, that's the one where I told you, you have a sweet disposition. What did the FTC ever say (if anything) about your Utility complaint? Should we be looking at Unfair, Deceptive Acts & Practices? UDAP.
I found out today that's it's a seperate co. who does nothing but billing for the hospital/doctors. They don't do collections though. Once it gets to that point they turn it over to a collection agency. FDCPA exempt, I would think.
It was the sweet disposition thread!!!!!!!!!!! I didn't notice that, what a PERK, lol. Nothing on the FTC, I don't think they ever do much on complaints from individuals. But, I know they have to keep track of the complaints they receive and report them every year to congress. Just like complaints from here, if they get enough of the same complaints or the same company, we'll get heard. The AG made a contact on my behalf, however, and yep they can override the commission, well I don't know that it is overriding, it's a trump card mostly for deceptive trade practices, nodding. Here it's called the Consumer Fraud Act. I believe every state has something similar. It's just reasonable in business fave Butch growling dude, to respond to billing disputes, we shouldn't have to have layers of laws to get what makes sense in the first place. Afterall, they want your money and you want the service, they want you to come back. The FCBA requires what I think should be common business sense. So, though we aren't technically covered for our everyday local business, because it's reasonable or should be, use it anyway. Just use the backdoor instead of the front ;-) Sassy
