CA refusing payment...

Discussion in 'Credit Talk' started by mommyauri, Aug 5, 2004.

  1. mommyauri

    mommyauri Member

    Hello,

    This is my other question for now.

    I had been dealing with a collection agency over a medical copayment. I paid two months in a row and was still sent to this CA where I continued making payments, but continued to be threatened with further action. In February I wrote them a letter asking them to return my check and explain why they wish to refuse payment if it was unsatisfactory. So they did-the check came back with a letter stating that they were refusing my payment. After that I responded with another letter saying it was my understanding they legally had an obligation to apply any payment made towards a debt, and that I have continued to attempt to make payment arrangements and have been met with unwillingness to cooperate. I asked them to specify a payment amount that would be agreeable if my offers were insufficient. This was in March. They never replied, but did cash my last payment (sent with the last letter). I should still owe then about $115 but as of yet they have not invoiced me or contacted me in anyway. Do you think they wrote it off? Or should I worry?

    (UPDATE) Since I asked this someone told me to not assume too much. So I wrote a letter and asked about the status of the account. The lady called me up wishing to resume collection activities. She wanted to set me up on a payment contract which I think would be unwise.

    First: I was under the impression they cannot refuse to accept a payment.

    Second: Why did they simply stop, after regularly sending me notices? Her answer, when I asked, was the dollar amount did not necessitate that, but I don't believe it. The original debt was 125.00 which they had no problems sending 1-2 notices a month on, then they suddenly stop?

    Third: They were tacking on interest, last I saw, and by what I read on Nevada statutes they have to follow a couple guidelines to do that- disclose it to me in a letter, or it must be part of an original agreement. I hold no agreement with them far as I am concerned, and unless I'm mistaken there is no agreement in the payment contract you sign with the hospital. I think they could get in trouble for that (and if so, how do I get the Commissioner's mailing address?)

    Fourth: She's LIED about receiving the letters. Each letter was accompanied by a check which they've received, cashed, and even show reflected on the balance. Though she states she never got them. These letters repeatedly requested cooperation in finding a fair payment amount.

    Suggestions?

    Trish

    P.S. Is there anyway to show the credit reporting agency (since this is on my credit report) that this CA REFUSED a payment and ignored several letters in efforts to get this paid?
     
  2. lbrown59

    lbrown59 Well-Known Member

  3. jam237

    jam237 Well-Known Member

    A CA can refuse any payment.

    The only problem is when a CA claims that they do not accept partial payments, when they do, then that is a false and misleading representation under the FDCPA.
     

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