Sweet disposition!!!!!!!!!!!!!!!! I'm framing that, LOL It does apply to open end accounts and I think the Unfair and Deceptive Practices Act too. Nod Nod. I don't disagree with you, Butch, can't recall a time that I ever have -- I tried to be clear that wasn't the point, lol. I don't think anyone would disagree that we aren't entitled to our bills -- so how come this happens so often? That's what I think may be the case, that the FCBA was enacted with the intent of covering these things and some professions just don't because no one has made them yet. I would never tell anyone that a court hasn't ruled on it, in fact, I only tell you my humble sassy opinions, if you can make bluffing work, go for it. You should have let KHM know it was a challenge though instead of saying it was illegal and a violation. My only objection was that you didn't put that for her to decide, you said it was illegal. I say if it's not illegal, it should be, yep I do! It just leaves you in a bad place when you say something is illegal and correspond with an action being illegal, like I did with the electric company, on purpose 'cause I say it should be illegal, lol, but when they call you on it, like they did, saying we aren't subject to the FCBA blah blah blah, then you're in a tough spot. I still say they are, which is the basis of my complaint to the FTC, with copies of all documenation asking for clarification on just that point. The FTC has several consumer publications referring to utilities as being creditors and extenders of credit. WHY are they excluded? WHY do they act like they are? I do hope I get some direction, I asked the AG the same thing, btw, and they also enforce consumer fraud here. It's not unreasonable to expect a bill and beyond a bill, it's not unreasonable to expect that there's some point of dispute mechanism in place -- which was my problem with the electric company, they don't have one, my payments weren't posted correctly, they don't need one and if I don't like it tough. Well, sweet disposition (cough, cough) aside, that's a crock of shit! And you don't need a disclaimer in your signature, lol lol, well ok, the "snort" could be cute. Just if KHM was going to go forward with a complaint based on it being illegal and a violation of the FCBA, I wanted her to know it wasn't as cut and dry as other things that are certainly illegal and a violation. Sassy
It's great to debate all this but My point is.... It probably isn't necessary. If it's a mistake, it should be easily straightenend out. If the dentist's office mgr says it's not a mistake, then pull out all the stops.
ok, I'm leaving this alone for the night after this post. Breeze makes a good point, medical offices, utilities too, it is a normal part of their business to send out bills, that is how they get paid -- maybe that is why it doesn't apply to them unless you make a specific payment agreement. I do think the specific payment agreement could be key. But it still doesn't address dispute resolution. There are always posts on here of utility problems and medical bills. It would be in the doctor's best interest to work with you on a mistake because they want your repeat business. Utilities though, since they tend to be monopolies are a different beast. You use them if you live in their geographic area, usually without choice. Sassy
LOL Breeze, We're posting on top of each other, sorry. I'm following you and nodding, it makes sense. Sassy
How about this? I live 5 minutes away from the dentist and 10 minutes from the CA. How about I physically GO to the dentists office tell them the situation, I'm sure it will take them a matter of minutes to pull my file, if it's mine I pay them then and there (after they type a letter saying the account was placed in collections by error and should be removed immediately), if it's not mine, well they can pump sand and I go for the CA's throat. Now I already have them on violations, granted they deny ever receiving my original dispute (via fax), but they did receive my second letter (via same fax #), so too bad so sad. NOWHERE in the FDCPA or FCRA does it say someone is "required" to send CRRR nor via fax. I have the transmission page, it's still not marked as disputed (which I've requested twice). The only REALLY bad thing about this whole mess, hubby filed a small claims suit against a different CA back in January, we STILL haven't received a court date for that one. I don't want this to drag out forever....UGH the drama.
I do not wish to burst your bubble, however, there is NO WAY that a medical provider's bill can be classified as an open -ended account.Even in those cases where a regular financing payment system has been set up, it can not by any stretch of the imagination be so considered. The only reasonable effective method, in my opinion, to deal with mis-billing and mis-reporting by health providers,is to send them a letter rrr that notifies them of the error, informs them that the FTC has ruled that original creditors are culpable for the torts of their agents, and that unless the account is immediately withdrawn from their agent,the collection agency, and all adverse information is purged from any consumer credit reports,and expunged from any and all archived accounts, that they will be liable for damages, under the Federal FDCPA, FCRA and applicable State statutes of fraud.as well as damages for slander of credit and any additional liabilities incurred by their actions. Medical people will only respond if they are concerned about the effect on their e & o and malpractice insurance.
An absolutely PERFECT idea. The only thing I'd do differently is type out the letter myself and take it to the Dr.s office. Offer to pay it in exchange for their signature on your "receipt". By calling it a receipt it lightens the burden and makes everything easier. "Sign my receipt while I write you your check". I've done this before, it works. Just be sure you smile. BTW KHM, Nobody on this entire board is ALWAYS right. Not even me. lol
OMG will this crap ever end!!!! I called the Insurance company this morning and they told me the only record they have is the FIRST dentist appt. being billed and paid for, ok I was there for that appointment. Stephanie said there is no record of them ever receiving a claim from that dentists office before or after that claim. Stephanie also said I may have been confused with someone else. So I call the dentist's office. I told them what was going on, went to the first visit positive I never returned to the second. She pulled my record and said you were here 11/29 with your hubby. I tell her ok send me the admit slip that I signed that day. She says "we don't have people sign in for every visit, just the first". I said well maybe you should for cases like these. She said "Did you get the filling or not?" I said I'm not sure that's why I'm calling. I told her if it is indeed mine I'll pay it, but the insurance company said you may have me confused with someone else. She says "that's highly unlikely". Are you ready for this, she said "come in for an XRay, you and hubby, and if that tooth is filled it's your bill. If it's not filled we won't charge you for the XRAY, but if it is we have to charge you." I almost fell over, I told her I was not returning to that dentist SHE was a witch, the lady said Dr. XX is a male. Ok she just confirmed my thoughts, I have NEVER been to a male dentist in my life!!! She said I would have to deal with the CA. Now what??
LOL LOL KHM, What does that dentist carve his initials into fillings or what? I'm suspicious with them saying there are no sign-in sheets!!!!! How hokey is that? I've never been to a doctor or dentist or walk-in clinic anywhere, that didn't make you sign in everytime! I'm wondering if they'd have anything telling in your chart if you requested a copy. Reads to me like they have nothing at all, not even a sign-in sheet for heaven's sake, that supports you were there. An x-ray, LOL, is she nuts?! That reads desperate to me. Sassy
BTW, There is an exemption in the FCBA specifically for public utilities :-(. And, as the for medical bills, upon a fine tooth reading, it's all contingent on having an agreement and finance charges being imposed. Something you are agreeing to upfront, like purchasing a washer and dryer from a local appliance company or a swimming pool that a construction company is installing but accepting payments for. I have to concur with WhyChat, it's a reasonable argument still to request a bill, but you can't force them to comply with something that you just can't make fit by the very nature of the way medical services are provided and billed -- It's more like an IOU. Sassy
I talked to a friend of mine who bought a house with a 2 year old repo on her report that wasn't hers. When she got the loan all she had to do was write a letter stating it wasn't hers. She didn't have the paperwork (letters back and forth) that I have. The repo was the only bad thing on her report, it was like $7K, and her interest rate was 6.875, she did buy down a point. This is my major concern, even though I don't plan on buying a house anytime this year, I just don't want this to hamper my efforts or make me pay a higher interest rate. I've heard that mortgage brokers can get negatives removed from your credit report, is this true??
