HELP!!! (long)

Sounds like the dentist office may have been submitting fraudulant insurane claims.

 

YOu are right to dispute with the CA. I would also contact the dentist's office and the insurance company. Do you write you appointments on a calendar? Do you have it stashed somewhere?

If it turns out it is the dentist (I agree, it sounds like they filed a mistaken claim), and they don't fix it, there is a board in each state that regulates healthcare providers, I would file a complaint with them.

My primary care clinic once billed my insurance company for someone else's visit. It was for some prenatal care - I am in my 50's!! LOL.

 

In some cases there are contracts to do the work for less than the dentist would charge if you did not have the insurance, but not in every case. Usually with standard insurance plans, with a deductible and co-payment, the dentist presents you (and the insurance company) with a "treatment plan" which itemizes what the insurance pays and what you pay.

The dental PPO's and HMO's have a contract for a specific amount and you pay a fee for each visit like $15 or so.

But if they are saying you were there when you weren't, I think they have you mixed up with someone else. You'd be surprised how sloppy their record-keeping is. Did you ever get a bill from the dentist?

I would call the dentist and follow up with a letter. Also call the insurance company - I assure you they still have the records. It may be archived, but they have it.

 

This is a critical question.

???

That said: I'd take a noticably more aggresive stance with both the CA and the Dr.

They are in violation of the FDCPA. The fact that they lost or proclaim to have "no record" of your faxed dispute is of no consequence.

Especially strong case if the Dr. failed to bill you properly.

Medical professional are especially concerned about law suits. Use that to your advantage.

 

Well that's just it KHM. There would be no reason for you to call or contact the Dentist because you had every reason to believe the claims were in fact being paid properly.

Failure to bill you regarding this alleged debt prior to reporting to a CA is a violation of FCBA.

I would demand, in the face of your previosly faxed dispute, that they delete this negative TL from your credit file, pending resolution of this obvious mishap on THEIR part.

If indeed you owe it, you'll be delighted to pay it. But suffering 7 years of negative creidit for their mistake is unacceptable.

 

Yup! A bill, then a notice saying you are late...it's been more than xx days....

Insane the way these folks do with these bills. I still think they have you mixed up with someone else.

 

I think your best bet is to approach the Dentist and explain the situation.

You'll want to be sure to get all the info you can from your insurance company first so you'll know what your talking about.

Once we expalin the sit. to Dr.'s they often will submit a "filed in error" statement to the CA and that of course results in deletion.

As far as your approach as opposed to mine ,,, lol
I don't know ... I guess I'm a "I'm gonna sue your ass off" kinda guy. My tolerance level for these nitwits grows shorter by the day.

For sure, it would be wise to try the "nice" approach first and lets see where that gets us.

Call your Dentist Tue. and see if they will work with you on it. Make them understand that you know you are entitled to get billing at the address of record and such was never received. You may expect them to say "well we sent them", LOL. This will be the delicate push and pull of a good negotiator. Just stick to your guns.

Usually, with Drs. you can catch more flies with honey and a sob story. If the office manager likes you, you're home free. So combine your naturally sweet disposition with the fact that they screwed it up in the first place and you'll win the day.



Avoid the CA for now.

Let us know what they say.

 

Butch dude,

It bothers me when you type something as factual when it's your interpretation and not a fact.

Though again, just as with the first communication issue, I agree with you that it is the way it SHOULD be.

There's a difference between saying something is illegal in all certainty, like they failed to mark the account in dispute after you requested validation is illegal and a violation of the FDCPA.

But saying something is illegal, when it's not been ruled to be illegal by any more than you and I, though I think everyone should defer to our brilliant thinking ;-), isn't the same.

http://www.ftc.gov/os/statutes/fcb/fcb.pdf.

I think the FCBA should apply to medical bills, utility bills, anything that could eventually be reported but isn't now covered.

There's an old thread where Why Chat, I think, set me straight. I'll see if I can find it, 'cause it chaps my (_|_) that things can be reported without you having had any previous knowledge other than it's entry on your CR.

It doesn't make it any less invalid of a reason to use it though, in my humblest of sassy opinions, just because a judge or the FTC hasn't made a ruling or interpretation -- it's definately a valid argument, I'd just not go so far as to say it's illegal and I'm gonna sue your sorry (_|_).

The FCBA does cover things other than charge cards and the like, the key seems to be the by agreement and payment terms provisions -- that may be just how medical and utility providers are getting around it as well.

Sassy

 

hehehe,

A good example of a sweet disposition. See, I'd delete your negative tradeline in a New York minute. ~

FCBA applies to open end accounts, not just CC's. A medical account is an open end account.

(We haven't even talked about the Unfair, Deceptive Acts & Pracices Act yet).


Even if the FCBA didn't apply nobody could argue that you're not entittled to your bills. If at least for no other reason than to forwarn you that your credit is about to be screwed.

I suppose the possibilty does exist that some judge somewhere would think otherwise, by I highly doubt it.

Notwithstanding the fact that if your argument makes sense and sounds legal, your opponent will probably aquiesce. In most cases we know the law better than they do. lol

The last thing we would want to do is say to our opponent "well although no court has ruled on this yet, I think, blah, blah, blah".

The more sure of ourselves we are the better chances we have.

Anyway, if it'll make ya feel better Sassy, I'll put a permanent discalimer in my sig line.

Snort

BTW - I do work hard at not propounding theory of which I'm not at least reasonably certain of. I avoid posting on some threads for that very reason and treat them as read only.

 

This is most likely a mistake anyway. I've had umteen gazillion dealings with doctors and dentists - my hobby is helping people get the insurance to pay their medical bills. I have yet to come across one where they intentionally didn't bill someone. They probably have her mixed up with someone else.

 

LOL LOL

http://consumers.creditnet.com/stra...threadid=26840&perpage=20&pgnum=&pagenumber=1

It was you breeze, you were there as well butch.

I'd really like to find a way to make it stick on medical and utilities -- I tried it with the electric company and I've an FTC complaint in progress. If anyone should have to follow it, they should -- phone companies too!

Sassy

 

Aren't thay all revolving accounts?

I mean ... in my opinion they are.

LOL

 

303 Definitions of Creditor and Open End Plan

The first sentence of 103(f) of the Truth in Lending Act (15 USC 1602(f)) is amended to read as follows: "The term 'creditor' refers only to creditors who regularly extend, or arrange for the extension of, credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, whether in connection with loans, sales of property or services, or otherwise. For the purposes of the requirements imposed under Chapter 4 and sections,,, the term 'creditor' shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Board shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open end credit plans.

It definately includes more than just credit cards, they are even addressed seperately, the major companies were finding every loophole to get out of this, that's why the specific mention of them.

...loans, sales of property or services, or otherwise.

I think that should cover everything else. So how are they getting around it, except for the part that says payable by agreement or that a finance charge is or may be required.

I'm gonna look at some old medical bills, do they usually add on a "finance charge?"

I know utililities do, like if you were making payments on an old account in addition to a new one, then they would certainly be covered.

There's got to be something we are missing we this -- I really can't figure why it doesn't apply and if it doesn't surely it wasn't the intent, especially where utilities are concerned, they are not new to regulations.

Sassy

 

I know. I wasn't disagreeing with you, I was saying that they probably originally billed the person who actually was there on that date. But then they got the accounts mixed up. It's pretty clear the date of service in question is not hers. She wasn't there, didn't have that tooth filled.

They really do get mixed up. Medical billing is one of the biggest nightmares on earth. The Cr. wants to get paid - why wouldn't they bill?? They got mixed up - made a mistake.

 

Oh - as in reporting somone elses bill to collections as tho it were hers.

Didn't think of that. So from their perspective they DID send bills, just to the correct person, which is NOT KHM.

LOL

I'm dizzy now.

 

Sassy dear,

My point is, you're right. I would NOT walk into court and tell the judge that the G*DDamn FCBA applies to medical bills, but I feel pretty good at doing that with an office manager.