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Discussion in 'Credit Talk' started by Carrie, Apr 30, 2001.
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Wow!! That's pretty steep!! It may all be beside the point. Have you checked the statute of limitations in your state? I think that would be the first thing I would do. If the original debt is past the statue of limitations, the rest is irrelevant.
select your state, and it will give you the SOL.
hope this helps.
I did and it is 6 years here. If these are all combined, won't they have to break each bill down and have each one verified?? Do I send them another letter stating that? At least I havn't recieved a phone call yet today!
Don't talk to them at all. Send a cease and desist letter. let me clarify, I haven't had to deal with a situation like this myself, but I read all this, and my understanding of the FDCPA is that they have to stop, and they cannot put this on your credit report.
Change this letter to suit your situation. Do not give them any *new* information.
hope this helps. Also, this yahoo site has all the letters.
I am confused. You said you sent a validation letter and asked that they never contact you again. How can they send validation if they aren't allowed to contact you? I may be wrong. But I would think they needed to be able to talk to you in order to show validation.
Do you have caller ID? If not, don't pick up the phone. Get your relatives to use a 2 ring then hang up and call back code. Otherwise, don't answer.
While I don't have any past due medical bills, I do have tons that come through here daily and I have to sort them out. Who has been sent to insurance and who needs to be. Who isn't paying attention, and some who think I will just pay them, no questions asked.
First, where are all your copies of the original bills? These are your bills right? I don't remember you saying they were not yours. Do you have any of your EOB (explanation of benefit) statments from where they were turned into insurance? Go back through your past records and pull out all the bills and statments... start matching bills with EOB forms. If you can't find some of them. Start calling the hospital or doctor where these originated from. Ask them for a detailed copy of your charges.... what was paid by insurance and what is still due on the accounts.
I know some here will say that you shouldn't have to do the work. But, you know what. That CA isn't going to try and figure it out. They are just jacking up your bill each time they send one. Pretty soon they will want $10,000.
If it were me I would start figuring this out, then start, making payments to the ORIGINAL creditors... if there are any payments due that were not picked up by insurance. Once you have a clear picture in your head of what the real balances are, it should be easier to deal with the CA's.
Correct me if I get this wrong, somebody, because I haven't dealt with collection agencies before..... but they should still be able to answer that validation letter found here. They should be able to tell you what they bought, if they bought the bill, and what you owe in an itemized statement.
You might not want to do the work i suggested, but I like to have all the info in front of me before I start a fight. Like I said, I pay alot of medical bills. They try anything to get more money from you. I have them send bills all the time to me "forgetting" to take off the insurance payment or the adjusted insurance amount. It's really all a game to them. Don't give them any of your money without checking it out first.
Can anyone else give her any advice?? I think the cease and desist might cause them to never validate. I could be wrong.
If the bills are past the SOL, I don't see why she needs validation or proof of payment. They are uncollectible, and the CA is in violation of the FDCPA. They cannot do anyhting to her.
Cease Desist only in Writting...!!!
You need to send them a letter telling them to Cease and Desist only in writting my they contact you.
That way you can proceed with your verficiation through the mail .....but don't have to worry about them calling you.
I hope this helps...
about halfway down the page ...........
Actually, there is specific language in the Consumer Credit Protection Act (amended in 1996 as the Fair Debt Collection Practices Act, or FDCPA) [15 U.S.C. Sect. 1962e(5)] which prohibits a threat to take action which cannot legally be taken. This has been interpreted by courts to include bringing lawsuits in cases where plaintiffs are fully aware that the statute of limitations for seeking a judgment has expired. A debt which has outlived the statute of limitations is legally uncollectable. A creditor or collection agency may attempt to collect the debt--relying on their hope that unwitting consumers won't know their rights-- but they have no legal remedy to assist them.
That's a very important distinction. Not being allowed to threaten the filing of a suit is one thing. Not being allowed to keep collection activity is another. Hence, a debt is "legally collectable" even if SOL passed.
Good luck, JB. Who will you retain to file the class action?
You are right breeze, if they are past the SOL then no she doesn't have to pay them. If some of them are under the SOL, then it might make sense to at least know where you stand before fighting. I don't think they are going to help her out as far as giving her any info on when the charges occured. So she may need to do some digging on her own to prove SOL dates.
Of course, they still need to give you a detailed listing of each charge, the insurance amount paid, and what might be left.
I agree with someone who posted to cease and desist verbal calls. That would make the best sense. They can still write you, but they won't bother you by calling all day.
I stand corrected.
Oh now I am confused!! When I asked her over the phone about the bills she rattled off several some dating back to 1989. I told her I wanted itamized statments from the hospital. I know now that what I really wanted was validation of the debts. I wanted them all broken down to separate debts showing amounts and dates. Especially since I had 2 different people contacting me about the same hospital. Here is the letter I sent.
Dear Collector at Pro Com Services,
I am writing in response to your letter dated Jan 26, 2001, postmarked April 11, 2001 [copy enclosed]. This is the first letter I've received from you on this matter.
Account # xxxxxxxxxxxxx
I do not believe that I owe what you say I owe, and I request that you please do the following:
1. Tell me what this money that you say I owe is for.
2. Show me how you calculated what you say I owe.
3. Give me copies of any papers that show I agreed to pay what you say I owe.
4. Show me that you are licensed in my state, and give me your license number.
5. Stop contacting me about this or any other matter you have, except to provide me with proof that I owe what you say I owe.
I demand that you also send a copy of this dispute to the company that you say I owe money to, so that they do not report this on my credit report.
I further demand that if you have reported me to a credit reporting company, you tell them that I do not agree with this debt.
I sent a cirtified letter to each person who had contacted me. Different account numbers. Today I got a letter from one of those persons. She upped the balance and mailed it the same day that she recieved the cirtified letter.
Now I wonder if I need to respond to the letter she sent me on Friday where the balance had been upped?? Same account number, just a higher balance.
Oh My GAWD
Oh My GAWD, she just called me again!!! Just now!! She said she didn't recieve it, then she looked in her stack of papers and then she said she was going to court with it, where did I want my papers sent??
Can they take me to court without first proving what the debt is for?? I know that she told me that some of the debts were past the SOL so is she just bluffing?
Maybe I should contact an attorney about this??? What do y'all think???
Re: Oh My GAWD
Is this a collector?? If it is just chill.....!!!!!
I hope you are sending everything in writting, CRR? Also about the comment the collector made to you Carrie .... they will probably send you somthing generated by their computer that will look like it come from a lawyer.
Do not worry about giving them address.. they already have it!! That's there way of trying to get you pay....!!!! First off you need to start keeping everything. Every time they call write the time, whom you spoke with, and keep all copies so you can support your claim. This willl help you make a paper trail so you can take them to court.
Relax.. this will not stop overnight.... unless you send them OVER NIGHT MAIL a Cease and Desist only in Writting letter. By the way.... this letter need to be sent be itself and make a copy of it. Then you can start working on everything else.
Re: Oh My GAWD
Also ... I forgot to add... I think this is what may have confused you. Sorry I am at work and in a hurry but really want to help you as much as possiable.
There are three things here. 1st. if the SOL is up = You do not have to pay the collectors. 2nd, is If they claim they are going to sue and do not then you can sue them 3rd, IF you send them a cease and desist only in writting. Once you get your green letter returned to you and they call, You can sue them for that. The only thing about the letter is need to send it by itself with both account on it. So .... thats about three things you can get them for.
Don't talkto them anymore....!!!!
Re: Oh My GAWD
Thanks for your help! I sure hope they respond to me with each separate account. I honesty do not know what the debt is for except for what she rattled off on the phone to me. I do know that these debts are not listed in the credit reports so that is a plus. UNLESS she adds them now!! I wonder why she hasn't added them to the credit bureaus??
Re: Oh My GAWD
Martysgirl is right. They are just trying to get you to pay, any way they can. The next time they call tell them not to call you any more, to communicate only in writing. Then hang up!!! Don't listen to their threats. They are trying to scare you into paying them.
Send them that cease and desist letter like Martysgirl told you - certified, return receipt requested. Save the tickets from the post office.
You will be okay, hon. They are breaking the law. You can make them stop.
Keep us posted.
Re: Oh My GAWD
Feel a need to respond?
try these sites for nifty responses:
Re: Oh My GAWD
It is 7:18 and she just called me again! She is getting ready to have papers served! My heart isn't pounding as bad this morning thanks to y'all! I just hung up the phone without saying anything. So as soon as the kids are off to school I will be sending yet another letter telling her not to call me again. I hope that will help. I can't believe that I am getting called at 7:18 in the morning!!!!
Re: Oh My GAWD
While you get your C&D letter together, one thing you may want to do to stop the "threats" is to say to them when they call, "I am making you aware that this phone call is being recorded for my protection, please continue." A friend of mine did that and the nastiest collection person in the world suddenly became his best friend and actually worked with my friend to clear up the mess that the CA had made...In my state, you have to make people aware that you are taping the conversation or else it is illegal...
This may not help much, but it may change their tone a little...
Re: Oh My GAWD
Isn't there a time period when a CA can call you? I know that they can't call you after 9PM, but I'm sure that there has to be a "before" time...
Re: Oh My GAWD
They can't call before 8am here. She broke the law again.
Carrie, Calm down and listen to what these ladies have told you. She is trying to oldest trick in the book. She trying to bombard you wil back to back calls and gt you so upset you send them something.
PLEASE do use the recording this conversation trick. If that doesn't work and you don't need to answer the phone...DON'T. Let the answering machine get it.
They can't get anything even if they try to sue, the SOL is over. She knows that too. Hopefully when she gets your cease and desist CRR.... and your seperate validation letter (sent CRR) you will get some answers.
I think, but i am not sure, that evn if she did take you to court the judge would side with you because she hasn't bothered to even give you the information you need to pay the bill.
Take a deep breath and relax. I know it's hard. Good luck