Absolutely Astonishing Stupidity! Recently I've heard talk about medical collections being illegal because there is no medical release from the patient to the CA allowing them to release medical info to the CRA. I've been skeptical but am fast becoming a believer. My wife had a 6-year-old collection from a podiatrist who used to be a close friend of hers, (before he wound up in jail for writing himself prescriptions). As a result of this friendship she saw him for 15 years without ever getting a bill for services so this last time she DID NOT sign a financial responsibility agreement. Well he went outta business and somehow a CA got the bill. We never heard from the CA except for one call, years ago, from a lady who freely discussed the account with me, (a 3rd party?). After learning so much from this site I decided to Validate with the CA, knowing in advance they could not perform. I sent CRRR letter in demand for Val. And a cease and desist via FDCPA. "Linda" called me this morning to discuss the letter. LOLOL (oh, it gets better) She stated that she was calling about the letter and just wanted to let Sandy, (wife) know that she sent a "Permission to release medical information" to have Sandy sign it and send it back. She said: "Once received I can proceed to send her the info she requested in her letter. Namely, copies of all these bills we sent her years ago. Linda continues: "Sandy says in her letter that we have never made contact with her". "We sent 7 bills and made numerous calls to her regarding this account and she ignored it all". "I'm just calling to let S know it's coming so she doesn't just throw it in the trash like she obviously has done with all the other bills we've sent". OOOOh that got me goin. I was floored! Wait a minute I said; you need Sandy's permission to send her copies of bills you allege to have already sent her years ago without her permission? And now suddenly you need her permission to send copies? The poor girl was stuck, didn't know what to say. Um...eee..eer.um "well", says Linda "I guess I'll just have to turn this over to our atty for a law suit". I don't know weather my emotions got the best of me, or the fighting back the laughter but I did make a mistake, I said You maybe we should, (turn it over to your lawyer that is). Damn this gave her the excuse she wanted to hang up on me. When I asked for clarification Linda said; "as usual you're not following me". I interrupted; WHAT? What is that supposed to mean? We have never talked before now and we've been on the phone 3 minutes? And you say "as usual I'm not following you". She said: "Yes - all I need is this release and I will send her the info she requests. Other than that I will just turn this over to our Atty. For collections - GOOBYE MR. TAYLOR. CLICK. Apparently there may be some truth to the medical release thing. I spoke to an expert this morning and he said they are trying to get Sandy to sign a medical release so they CAN legally send info to the CRA because they have thus far done so illegally. Observations; Linda freely discussed the case with me, 3rd party She lied at least 5 times Gave me the name of her company incorrectly, to avoid an investigation on my part. Threatened to file suit when no such suit is possible and no intention of doing so. (EITHER THEY ARE BREAKING THE LAW NOW by trying to get S to sign something not required, (A deceptive form) OR THEY BROKE IT THEN by sending bills without her medical release. WHICH IS IT? Whatta u guys think?
I think that you have them on the ropes. I personally wouldn't talk to her on the phone again, though. I would wait 5 days, pull your reports, send a cease and desist, then let the CA call. I think that you can get the idiot to mount tons of violations. Then hammer em, SUE. You have a great case. Charlie
3 words Radioshack tape recorder Yes, that's a lot of violations in just one call. There's another side of this ca/ medical stuff. If they've peaked into your wife's credit file you have them on a permissible purpose fcra violation. It's all on the other thread. Do the validation deal. You know she didn't sign.... and they won't be able to come up with anything... maybe you'll get lucky and they'll forge something and then you can have them arrested. Have fun They're already done for... as an aside: you send either a validation request or a c&d... once you've done the validation letter (or 2) you can then send the c&d later... why not together? they violate the c&d by trying to send you a letter validating the debt... so they may ignore the validation letter to follow the c&d. You want the protection of the failed validation because it gives you lots of leverage if (when) they continue collection efforts...
1 word - "Lawsuit" I just love "Name That Tycoon" "I can name the $1000 winner of that violation in 3 notes" -Peace, Dave
