Bad CA Phone Call

Discussion in 'Credit Talk' started by Steven, Dec 1, 2003.

  1. Steven

    Steven Well-Known Member

    I have one collection acct on all 3 reports. It's for $104 and it's a doctor bill. A year ago I had gone to see a doctor that turned out being out of network. I thought I had chosen a PPO w/ my new job, but had chosen an HMO by accident and the doctor was not covered.

    I just want to pay the money in full and get the ca to delete the credit item from all 3 reports. I called them (they have never called me or sent me anything) and told them what happened and that I'd be happy to pay in full if they'd delete...and that I wanted a written confirmation from them that they would delete upon receiving my payment.

    She told me they can't do that b/c they'd be breaking the law and doctoring records, blah, blah... I told her that that is rediculous and that they can do it. She told me that they can only show it as paid and was trying to get me to pay right there on the phone w/ a credit card. I told her that I didn't want a paid collection acct on my reports and that if I couldn't get it deleted, there was no incentive for me to pay.

    She got upset and said then I'll have 3 bad unpaid collection accts on record. I told her that's fine w/ me and hung up.

    I really want to just pay this, but not unless I can get it deleted. What do you guys think? Do you think I should call back and try to talk to someone different? Any suggestions? I know the CA can delete these and send me a letter stating they will...b/c I've seen it on these boards. What should I do?? Thanks for any help.
     
  2. GEORGE

    GEORGE Well-Known Member

    BREAKING THE LAW???

    I DON'T THINK SO!!!

    NO DELETE--NO PAY

    PAID COLLECTION is the same as UN-PAID COLLECTION!!!
     
  3. Steven

    Steven Well-Known Member

    Yeah, I know. It's insane. She also told me that they can't do that b/c if they did that for everyone, no one would ever pay their bills or worry about collection agencies.

    But I'm completely WILLING TO PAY and they will get their money too. No one will be out of money here. If they don't promise to delete, then the crappy doctor will be out of money and so will the CA. So, I don't get it. But I don't know what to do about it.
     
  4. J. Vick 71

    J. Vick 71 Well-Known Member

    Talk to someone that actually knows what they are doing. If you ever deal with people like that ever again just get off the phone. You are wasting your time and effort with someone that has no clue.
     
  5. Butch

    Butch Well-Known Member

    Hi Steven,

    J Vick is right, but he's too nice.


    Listen between the lines. First she says she can't do it because it's illegal. Then she says if she does it for you then EVERYONE would hide from their debts.

    If it's "illegal" to do it for you it would be HUGELY ILLEGAL to do it for "everyone". LOL


    Anyway you handled it exactly right. At this point you have a cpl options.

    1) Try to contact someone ABOVE this chick. One who makes sense, and can see the reasonableness of what you're trying to accomplish.

    (In similar cases I've sent (very nice, reasonable) letters directly to the Doctor AT HOME, with great success).

    I can hear that convo. now as he walks into the office first thing in the morning and has a nice little convo. with his "office manager". "This guy tried to send us money and you wanted to play hard ass? ARE YOU NUTZ"? lol

    2) Start validation.
    Be sure to include the fact that you received NO notice that there was a remaining balance on the account.

    If you haven't done so yet read "learn your FCBA" in my sig line.


    Whatever you do do NOT;

    a) Admit to the debt
    b) Take ANY of the blame whatsover
    c) This is ENTIRELY *YOUR* fault because all you needed to do was send me a freaken bill and I would'a paid it, as I pay ALL my bills on time. Which is precisely WHY I won't tolerate a negative on my CR


    If I were doing this, I'd get someone else on the phone and tell them point blank; "I cannot deal with someone who will either lie to me or lacks a basic understanding of the law".

    If there IS no-one else above her, consider the "direct to the Dr." approach. Failing that, start validation immediately.


    See?


    Your strategy should be;

    Ok, even if I do pay you, you won't get to keep it. You'll be paying far more to your attorney. (without coming right out and saying it).

    :)

    .
     
  6. GEORGE

    GEORGE Well-Known Member

    I PAY $104...YOU DELETE (WIN-WIN)

    YOU WON'T DELETE...I WON'T PAY (LOSE-LOSE)
     
  7. Butch

    Butch Well-Known Member

    Right on George.

    But somehow we need to resolve the issue.

    :)

    .
     
  8. GEORGE

    GEORGE Well-Known Member

    Re: Re: Bad CA Phone Call

    Take the $104 to the doctor's office WHEN THE DOCTOR IS THERE...SPEAK ONLY TO THE DOCTOR...

    WAIT FOR AN HOUR IF YOU HAVE TO!!!

    I was never billed...had I been billed I would have paid this bill...

    It is NOT ILLEGAL (as I was told on the phone by your staff) to remove an account that should have never been on my credit report in the first place.

    HERE IS $104 PAID IN FULL--YOUR NEXT STEP IS TO HAVE THE DEROGATORY INFORMATION REMOVED FROM MY CREDIT REPORT
     
  9. Steven

    Steven Well-Known Member

    Thanks for the info, Butch. I will try to contact someone above her and also send a validation letter.

    My fear is that I won't get a supervisor on the phone when I ask for one out of refusal. When I am talking to someone over there, I wonder if it would be a good idea to just let the person know what I intend to do...such as sending them a validation letter compelling them to invest time and money, and letting them know that out of spite, I may just pay the doctor directly to boot.

    Therefore, they know that they will have to comply w/ the validation letter CRRR and will never get any money whatsoever b/c of my refusal to pay, or my paying the doctor directly.
     
  10. Steven

    Steven Well-Known Member

    Re: Re: Re: Bad CA Phone Call

    Thanks George. I've never talked to the doctor's office, actually. I talked to the CA's office. The collector told me it's illegal. But maybe I could take it to the collector's office.

    Also, could a doctor have that negative item removed from my credit reports when the collection agency already took over and reported it?? Doesn't the CA have to remove it and not the doctor??
     
  11. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: Bad CA Phone Call

    The CA is acting as an AGENT FOR THE DOCTOR
     
  12. Butch

    Butch Well-Known Member

    Re: Re: Re: Re: Bad CA Phone Call


    Well that explains it Steven.

    CA's are hard asses. It's really somewhat unusual for the actual Dr's. office to be rude and uncooperative.

    What you were told is a violation too, btw. Proving that is another story.


    What Geo. told you is excellent advice. Rather than try to contact them on the phone, I'd go there personally. Take a money order for the full amount AND your receipt. DON'T fill out the MO. Leave it blank.


    Here's your receiept:



    • Date

      Whatchamacallit Doctors Office
      123 West Street
      Anytown, USA zip


      Re: Acct. # 280511 For Steven

      To whom it may concern:

      Without an admission of liability I desire to pay the above amount to avoid a mutually costly, time consuming disagreement.

      In exchange for 100% payment in the amount of
      $ ________ this office agrees to the following:


      a) You still own this account and have not sold it to a third party.
      b) That the account is "paid in full" "as agreed".
      c) That you will delete all derogatory items with all credit reporting agencies, (if applicable).
      d) That you will withdraw the account from all third party collection representatives as "Reported In Error". (if applicable).

      Moreover, the undersigned is positioned to make this agreement.


      _________________________________________
      Office Manager:

      Date: ____________

      May I extend my most sincere thanks to you for being so helpful in clearing up this misunderstanding.

      Warm Regards,


      Steven



    Be SURE to leave the word "misunderstanding" in there. It absolves all parties. They love that.

    To withdraw as reported in error triggers an automatic deletion from all CA's. So by going to the OC you have a good chance to fix all of it.



    After explaining the situation tell them you have an MO right here (while showing it) for the full amount.

    Hand them the receipt and say:

    "I'll make this out while you sign my receipt".

    And be sweet and innocent but firm.

    Your strategy:

    "You're right, it's not fair that you had to wait for your money. But it's also not fair that I should have my credit screwed up for the next X years over such a stupid "misunderstanding". After all, had I gotten a bill I'da paid it immediately".

    IF THEY REFUSE TO SIGN DO NOT GIVE THEM THE MO.

    We'll try somethin else.

    k?


    GL

    Let us know how it goes.

    :)
     
  13. chrisb

    chrisb Well-Known Member

    Re: Re: Re: Re: Bad CA Phone Call

    The Doctors office can call the debt back in from the CA, and once that has happened, the CA must delete their entry because they have no legal right to be collecting the debt, and have no right to report that they are collecting it. I say simply bring $104 to the doctor's office with a letter for them to sign agreeing to pull the debt back from the CA and require the CA to delete their notation. Explain to the Doctor's office that the CA was being un-cooperative and that the debt wasn't actually intentionally incurred. Explain that you didn't realize that your new insurance had been an HMO and that his office was out of network, and that if you had been billed and had this information pointed out to you that you would have gladly paid the $104. More likely than not, the doctor's office will gladly sign that, and then if the CA doesn't delete, SUE THEIR BUTTS! hehe . . . request validation after you've paid, and dispute it with the CRAs, and hope that the CA changes the status to Paid Collection. Since you never paid the CA, that's putting knowingly false information on your credit report X3 reports = $3,000. And you have a piece of paper signed by the doctor prooving that the debt was pulled back from the CA.
     
  14. lbrown59

    lbrown59 Well-Known Member



    STAY OFF THE PHONE!
     
  15. lbrown59

    lbrown59 Well-Known Member

    1* She told me that they can't do that b/c if they did that for everyone, no one would ever pay their bills or worry about collection agencies.
    2*But I don't know what to do about it.
    Steven
    --------------------------------
    1* Where's her sign?
    You pay it they delete; What bill is there not to pay?
    2*I know what I would do. Have them validate and when they screw up they can pay me a $1000.oo or more or they can delete it.
    """"""""""""""""""""""""""""""""""
     
  16. jrjr37

    jrjr37 Well-Known Member

    There's one problem with butch's suggestion. I've tried in the past to settle the account with the original creditor and was told : "Once we send it to the collection agency, it's out of our hands and we CANNOT accept payment".
     
  17. Butch

    Butch Well-Known Member


    My response would be;


    Apparently I now must hold a special class (for the intellectually challenged) to explain the difference between "CANNOT" and "WILL NOT".


    :)

    .
     
  18. jrjr37

    jrjr37 Well-Known Member

    I agree butch, they obviously COULD accept payment, but I wonder if the company has some specific protocol set up with the CA forbidding that?
     
  19. jrjr37

    jrjr37 Well-Known Member

    At any rate, you'd probably have to direct your correspondence with someone in the company who has the authority to enter into such an agreement.
     
  20. doublejae

    doublejae Active Member

    I wonder myself if extra costs would be incurred should the MD's office try to pull the account back from the collection agency. Most offices exclusively use one collection agency, and they do NOT want to be on bad terms with them, neither do they want to pay to pull the account.

    You can try with the doctor......I wish you luck.....however, I'm a nurse.....I see doctors say every day, "I'll take care of it for you...." Most MD's are so overbooked he'll probably forget it the minute you walk out of the office. I don't want to be negative, so here's what I'd do.....

    Request validation, and go through the proper channels AFTER you try and settle with the physician. I don't like to do this, but you might mention the "L" word if you don't get anywhere. After all:
    1. You never received the bill
    2. You pay your bills on time and WOULD
    in good faith have paid the debt had
    you known it was outstanding. Be
    careful here.....do you have any state
    ments from the insurance company
    that state your claim was denied?


    Again, I wish you luck.
     

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