Need procedural advice here. I have a Ca on all three bureaus. Doctors office from 8/99 for $102.00 Disputed on all 3 and came back verified. Sent Validation letter to CA on 12/26. During my research looking up to see if CA was licensed in TX found by a fluke that the Doctors MD license was canceled by the State of TX. He is out of business. So tell me this How in the World can i owe someone(OC) who doesn't exist and how can the CRAS verify something that there is no original creditor. I want an immediate update on my report and I am more than willing to sue this CA, or all 3 CRAS who reported this. Need next steps on how to fix this.BTW currently says account in dispute by consumer on all 3 reports. It has said this for 2 months now. Thanks in advance for a plan of attack.
OK, for TX, you need to write to Nina Weston and check for bonding...they don't have licenses. She'll email you back tomorrow with answer! Please update us as to her answer!
did the CA purchase the debt from the MD? they would then become the "creditor" in a sense. what is the SOL on it? if it is still within the SOL and CA is now the debtor, wouldn't it be easier to settle the debt in exchange for removal?
sorry for confusion CA is licensed and bonded but the the doctor who is the OC has had his license revoked by the state of tx and is out of business. So how can they validate the debt? Also, how can i owe someone who doesnot exist (the original creditor the doctor????
did the CA purchase the debt from the MD? they would then become the "creditor" in a sense. -- No the doctor placed the debt with the OC in 1999. what is the SOL on it? if it is still within the SOL and CA is now the debtor, wouldn't it be easier to settle the debt in exchange for removal?--- SOl in texas is 4 years. But CA wont remove totally from all CRAS if I pay the 102.00. Also, I dont owe the debt. The doctor who has had his license revoked and is out of business now failed to submit the claim to my health insurance carrier for payment. I had health insurance at the time.
Re: Re: I got em but need expert next steps Not true. Read the FDCPA opinion letters. A CA does not become the OC whether they purchase it or not.
Re: Re: I got em but need expert next steps Crashed my computer, and haven't rebuilt my bookmarks. You are looking for the Texas Business and Commerce Code, I believe Chap 392. Go to the Texas OCCC site, and you can find it thru there. CA's have to validate in 30 days, or change your credit report (ie delete) until they do validate - that's your most direct route IMHO. ITS them under these statutes. BTW - I read alot here and other places that "the doctor didn't file my claim, so I don't owe it". Often times that isn't true. Doctors file your claims out of courtesy, and if they don't, you are still liable. You usually sign something to this affect when you go into a doctor's office.
Re: Re: I got em but need expert next steps How does the doctor not being licensed now invalidate the debt - was he licensed when he treated you?
Re: Re: Re: I got em but need expert next steps i didn't want to explain the legal difference between an "assigned" debt and a "purchased" debt. that is why i added the phrase "in a sense". also, jlynn, i think you may know this but because the md is no longer in practice, does that mean you would no longer be liable for the debt?
Re: Re: Re: Re: I got em but need expert next steps I understand, but for FDCPA purposes there are no legal differences. The debt still exists. If you ship out 100 widgets on 30 days terms, then the next day close your doors and retire, aren't you still entitled to the money for the 100 widgets? If the doctor's license was still in place when the debt was incurred, the debt is still owed. However, because the business is closed, the OP is most definitely entitled to validation, otherwise how is he to know if the company is legally entitled to collect the debt?
Re: Re: Re: Re: I got em but need expert next steps ok, jlynn, i keep asking this question but no one can answer - is a medical debt considered a UCC or Written Contract? i agree w/your opinion that the OC is still entitled to their funds, but i wasn't sure about the laws surrounding that.
I don't think we have ever heard a definitive answer. I haven't had to deal with any medical debts, so I can't tell you, nor can I talk much about HIPPA.
theres a 2 year difference between UCC and Written in my state and that is a huge difference. i don't know the difference for Texas (?) where the OP is, but it could make a difference in how its approached. i think that is one of the great quesitons of the universe - kind of like "how many licks does it take to get the center of a tootsie pop?" LOL i figured if anyone would know, it would be jlynn. people keep referring me to whychats site, but it doesn't answer the question. thanks anyway!
also, jlynn, i think you may know this but because the md is no longer in practice, does that mean you would no longer be liable for the debt? -------------------------------------------------------------------------------- The debt still exists. If you ship out 100 widgets on 30 days terms, then the next day close your doors and retire, aren't you still entitled to the money for the 100 widgets? If the doctor's license was still in place when the debt was incurred, the debt is still owed. However, because the business is closed, the OP is most definitely entitled to validation, otherwise how is he to know if the company is legally entitled to collect the debt? so if the the doctor is out of business and i cannot verify that this claim/collection is valid it must be removed correct? If he sold widgets then retired he would still have to have records to prove he sold the widgets.
I thought that if the CA bought the debt it is their's to collect on, however they have to still validate it. So therefore, if they cannot validate it with proper validation, they must delete it. If this numnuts CA did not get what they needed as backup from the Dr, wouldn't proper validation possibly be needed from the OC (Dr.)? Oops, he's out of business. On the other hand, wouldn't this be a HIPAA deal and fall under health care and the issue of "priviledged info" going to unauthorized parties....et al........puke!!!
Butch thank you for your reply "Amazing" coincidence " This is a Podiatrist also and he lost his license for same reason. Wow small creditnet world. thanks for the advice i ll keep you posted
This is a great thread. This is a twisty, turny little devil. I just went through this same scenario about a year ago with the Foxy Mrs. Butch. "Astonishing CA Stupidity": http://consumers.creditnet.com/stra...ad.php?s=&threadid=25420&highlight=podiatrist Follow-Up: http://consumers.creditnet.com/stra...ad.php?s=&threadid=27301&highlight=podiatrist Here's the theory I pushed and it worked fine. The Foxy Mrs. Butch's drug addicted Podiatrist friend lost his license after an office visit, thus the debt was legitimate. She had good health ins. As part of the service agreement it states that if the ins. fails to pay the patient still owes. Up to here we all agree. But it also says that, as a benefit to the patient we, (the Drs. office) will file your medical claims on your behalf. I assumed that meant timely and properly. Probably too coked up to find his ass with both hands he failed to properly file the claim in a timely manner. Our position was as follows: The contract stipulated that the office WOULD file the claim on her behalf but failed in their duty to do so. Therefore, the services agreed upon at the time of the contract were NOT delivered. Sort of a breach of contract deal. While examining the case here's what I found; IF the Dr. fails to file the claim, provided he said he would, and IF it WOULD have been paid (by the insurer) HAD it been properly filed, then you do NOT owe it. In other words he didn't get paid cause HE screwed it up. ON the other hand, even if the Dr. fails to file BUT the ins. would NOT have paid it anyway, (whether filed properly or not) then YES, you owe it. In other words he wouldn't have gotten paid anyway. Whether he screwed up or not. shew - my head hurts. lol Geez I hope that makes sense. LOL
