I got em but need expert next steps

Discussion in 'Credit Talk' started by rbay, Jan 4, 2004.

  1. Butch

    Butch Well-Known Member


    Sorry Rbay I had to pull it. It didn't sound right. I re-did it though.


    You better email me Rbay.

    We're probably talkin the same guy.

    buwahahaha.


    If so this one is easy.

    :)
     
  2. rbay

    rbay Well-Known Member

    you got mail
     
  3. Butch

    Butch Well-Known Member

    We actually got kinda lucky.

    In his drug addicted stupor he had this little habit of billing Medicare for stuff that NEVER happened.

    Like patients who didn't exist. Well that didn't last long. Medicare was on him like stink on poop.

    But we used the fact that this guy obviously billed for stuff that never happened to feed his drug habit. Therefore, take this nonexistent debt off her report or I'll sue your respective butt's into the next century.

    I have never seen 3 CRA's move that fast.

    LOL
     
  4. Butch

    Butch Well-Known Member

    Re: Re: I got em but need expert next steps

    Yeah shux.

    Different state, different Doc.

    Sure is a small world tho.

    Either that or there's a TON of addicted Podiatrist's out there.

    :)

    .
     
  5. rbay

    rbay Well-Known Member

    Re: Re: I got em but need expert next steps

    okay so should i write or copy your letter and send to the 3 cras?? next steps
     
  6. Butch

    Butch Well-Known Member

    Re: Re: Re: I got em but need expert next steps


    OK, I went to my states medical board site. There I found all the documents that were filed against the Doc., and why. All the court hearings and stuff. Musta been like about 30-40 pages of stuff.

    In there were a lot of references about him falsely billing for services.

    I copied ALL that crap (times 3) and sent a demand to the CRA's to delete.


    So see, you've basically instructed the CRA's that the source is UNRELIABLE.

    Not only that you proved it.

    They didn't even bother to investigate. They just deleted immediately.

    :)

    .
     
  7. Butch

    Butch Well-Known Member

    Re: Re: Re: I got em but need expert next steps

    BTW -

    The Doc. bought a Deli in one of our busiest "Sandwich" districts.

    He's been clean for a while now and is doing rather well for himself.

    :)

    .
     
  8. jlynn

    jlynn Well-Known Member

    Why are you guys using an Earth Moving Machine to get rid of the ant hill. Read the Texas Finance Code:
    I went and dug it up for ya:

    §392.202. CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. (a) An individual who disputes the accuracy of an item in a third-party debt collector's or credit bureau's file on the individual may notify in writing the third-party debt collector or credit bureau of the inaccuracy. The third-party debt collector or credit bureau shall provide forms for the notice and, when requested, assist an individual in preparing the notice.

    (b) Not later than the 30th day after the date a notice of inaccuracy is received, the third-party debt collector or credit bureau shall send a written statement to the individual:

    (1) denying the inaccuracy;

    (2) admitting the inaccuracy; or

    (3) stating that the third-party debt collector or credit bureau has not had sufficient time to complete an investigation of the inaccuracy.

    (c) If the third-party debt collector or credit bureau admits that the item is inaccurate, the third-party debt collector or credit bureau shall:

    (1) not later than the fifth business day after the date of the admission, correct the item in the relevant file; and

    (2) immediately on correction of the item send to each person who has previously received a report from the third-party debt collector or credit bureau containing the inaccurate information notice of the inaccuracy and a copy of an accurate report.

    (d) If the third-party debt collector or credit bureau states that there has not been sufficient time to complete an investigation, the third-party debt collector or credit bureau shall immediately:

    (1) change the item in the relevant file as requested by the individual;

    http://www.occc.state.tx.us/pages/Legal/Laws/Laws_01.htm#Ch392
     
  9. Butch

    Butch Well-Known Member

    Thanks Jodi,

    If Rbay can get the documents outlining the Doc's problems and sends them directly to the CRA's, bypassing the CA and OC, don't ya think that would be easier and faster?

    Maybe they won't even investigate.


    I mean, that's how it worked for me.

    :)

    .
     
  10. jlynn

    jlynn Well-Known Member

    Nah, CRA's won't "accept the paperwork", at least thats how its been of late. I would go straight to ITS, citing violations of the Texas Business and Commerce Code, and that you will sue, and head straight for their bonding company to collect. Worked quick and fast for me :)
     
  11. lbrown59

    lbrown59 Well-Known Member

    Re: 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?
    Neil
    ===============
    Because there is no legal business to pay anything to.
     
  12. rbay

    rbay Well-Known Member

    Re: Re: Re: I got em but need expert next steps

    That was my original question lbrown. If doctor is out of business for 3 years how can i verify debt with a guy i cant even get ahold of. There is no listing for this guy anywhere??
    In the example given earlier about the widgets "even when an entity that goes out of business you still owe them" My contention is that maybe you do owe them but they must have records showing proof that you owe them. Basically , CA is saying Dr. sent this account to them , and i owe 65 for the visit because insurance denied the claim. The CA also told me that i paid my co pay ($20.00) but not the rest of the remainder not paid my insurance the $65.00 then she told me she(CA)added on a $34.00 collection fee?? So the (CA---- a real head case BTW) says they validated the debt with this info. I am now sending the idiot 2nd validation to request proof that insurance carrier declined claim.
    I followed Butch's advice and contacted the State Medical Board and requested the reason (State Order) as to why his license was canceled. The State is sending me the whole case pursuant to the open records act. Then I will send to CRA's. I really want to sue the ass off this CA. i Gotta have a case somewhere in this mess. Any input?
     
  13. jlynn

    jlynn Well-Known Member

    No I'm confused. Did the CA tell you all this information, or put something in writing? Or are we in "what if" stages here?

    Don't confuse, do I owe, and do I have to pay. Yes, you might owe the doctor (or the CA he sold the debt to in the process of going out of business), but you do not have to pay unless they can PROVE the debt exists. There say-so doesn't count. They have to validate it once you ask, and before they can attempt anymore collection.

    You keep asking if there is a violation somewhere, and I've waved the statute all over the place...not sure if you don't understand, or you aren't in TX, or you aren't interested, or what. You said early on it has been sitting "in dispute" on your cr's for two months now. That is not acceptable under the TX statutes. If they do not respond in 30 days, "change the item in the relevant file as requested by the individual;
     
  14. Butterfly

    Butterfly New Member

    Re: Re: Re: I got em but need expert next steps

    I would contact your insurance company. Most doctors that are contracted with a health insurance plan are required to bill the health insurance plan for any services rendered to the healthplan member. The doctor signs a contract with the health plan stating he will file all claims within a specified timeframe (normally 90 - 95 days) - this is also a Texas Dept of Ins regulation..see SB418. If he fails to do this than he must write off the charges. The health plan member is always held harmless in this situation. You are not responsible if the physician did not file the claim timely and you are not required to submit your own claims. You may be able to get the insurance company to contact the collection agency to have them write the charges off. I work in the health insurance field and this happens everyday.
     
  15. rbay

    rbay Well-Known Member

    Re: Re: Re: I got em but need expert next steps

    thanks butterfly for the help
     
  16. lbrown59

    lbrown59 Well-Known Member

    1*That was my original question lbrown. If doctor is out of business for 3 years how can i verify debt with a guy i cant even get ahold of.
    2*In the example given earlier about the widgets "even when an entity that goes out of business you still owe them"
    3**My contention is that maybe you do owe them but they must have records showing proof that you owe them.
    4*Basically , CA is saying Dr. sent this account to them , and i owe 65 for the visit because insurance denied the claim.
    5*The CA also told me that i paid my co pay ($20.00) but not the rest of the remainder not paid my insurance . 6*then she told me she(CA)added on a $34.00 collection fee??
    7*So the (CA---- a real head case BTW) says they validated the debt with this info.
    8*I am now sending the idiot 2nd validation to request proof that insurance carrier declined claim.
    9*I followed Butch's advice and contacted the State Medical Board and requested the reason (State Order) as to why his license was canceled. The State is sending me the whole case pursuant to the open records act. 10*Then I will send to CRA's. I really want to sue the ass off this CA. i Gotta have a case somewhere in this mess.
    ~~~~~~~
    rbay |
    =======================
    1*You aren't supposed to they are.
    2*That depends on why they were shut down. If they were operating illegaly or engaged in an illegal operation you wouldn't owe them a thing . Illegal activity can not create a legal debt.
    3*From a legal stand point you don't owe any thing they can't prove.
    4*Don't matter what the CA says what counts is the DRs records.
    5*If there was a contract between the DR and the Insurer there was no balance.
    6*Was that in the agreement between You and the DR. If not the CA can forget that.
    7*Did the info come from the DR or the CA?
    8*
    9*
    10*I'm not sure you should do that. What do the rest of you think about sending such info. from the state to the CRA???
     
  17. rbay

    rbay Well-Known Member

    No help from state medical board/Doctor's license was cancelled for malpractice. I have the green card from Ca dated 12/26/03 is when they signed it. Now i am waiting until 1/26/04 to send green card to all CRA's. CA can verify debt to CA even though debt is in consumer dispute btw. Any other suggestions.? All three verified despite the 71 day dispute notice.STUCK UNTIL 1/26 I guess.
     
  18. Butch

    Butch Well-Known Member

    Can't find anything on the website?

    That's where I found all my stuff.
     

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