medical collection confusion HELP!!

This doesn't answer your specific question, but I do want to encourage you to avail yourself of your rights to dispute within the first 30 days of receiving that CA notice.

Good luck.

 

-The hospital can send its accounts "out for collection" without the account actually being delinquent.

-Hospitals typically do this. If the account is not delinquent, then the collection agency cannot report it as delinquent.

-Validation will do little good. You owe the $ and have been paying it. The creditor can choose WHO they want to collect the debt.

-What is scary is that the hospital was getting their $ each month, and now wants someone else to collect. This reduces the $ the hosp gets, PLUS sets them up for liability under the FDCPA for the actions of their collector LOL

 

In theory they can put it on your credit report as a creditor. But I dont see how a collection agency can put a tradeline on a credit report that ISNT A "COLLECTION account."

There name would usuaally indicate it. I think that if you just called the hosp they would tell you they have "outsourced" their billing, maybe for budget reasons.

DO NOT IGNORE THE COLLECTION AGENCY. If they are the ones authorized to collect on the account, you may then go into delinuency if you keep paying the hosp.

Call the hosp and the collection agency and ask about the "status" of the account, whether it is a collection account or just a 3rd party accounts receivealbe situation.

 

IF the debt is NOT in default, THEN YOU MAY NOT HAVE VALIDATION RIGHTS.

If this is just an "outsourcing" company doing account receiveables for the hosp, they may not be a debt collector in this case.

Why not just call and ask ??

"Are you collecting a delinquent debt, or just working for the hosp?

I know I know, by the letter of the law they are

 

Re: Re: medical collection confusion HELP!!

Hmmm

YES

MAKE SURE YOU SENT THE REQUEST FOR VALIDATION WITHIN THE 30 days after the INITIAL communication FROM the debt collector.

From what I can see, you did.

Here is the deal. THEY SENT YOU VERIFICATION. So they are continuing to collect.

BUT, was the verification:

1) responsive to the consumer's request,

and 2) "proper"

If you requested a breakdown of the charges / vistits etc, and they send a "out of date" statement, then at least in my opinion, this is not proper and NOT responsive to the request of the consumer.

You actually may have a good case of FDCPA 809 based on the verification they sent you.

Its up to you on the action you take. BUT either way, educate yourself before acting

Good luck

 

Re: Re: medical collection confusion HELP!!

Why not just flat out send them a cease-communications letter? You don't have to deal with a 3rd-party collector at all. This will also make them turn it back over to the hospital. Then the hospital will have to pull their heads out and deal with you.

 

Re: Re: medical collection confusion HELP!!

Cease communications letters DO NOT FORCE THEM TO TURN THE ACCOUNT BACK TO THE ORIGINAL CREDITOR!

After a *TOTAL C&D* letter, they have three options, (a) tell you they're sending the account back, (b) tell you they are going to sue you, (c) SUE YOU.

Who said the account was delinquent, the CA, or the hospital; and did they say it in writing?

Go to the hospital, tell them that you will only pay them, you have been paying them, and it is in their best interests to recall the account as submitted in error, BECAUSE YOU WERE NOT DELINQUENT, and them claiming otherwise to the collection agency is FRAUD; not to mention that if they recall the account, they get to keep all of the $ for themselves, which they should have realized in the first place. (Why pay another company to hold up getting your money, when the consumer was already voluntarily paying the money?)

 

Re: Re: medical collection confusion HELP!!

On delinquency.


If you are NOT delinquent, then isnt saying you are delinquent AND sending it to a collection agency WHO COLLECTS delinquent debts, border on defamation

To say the least.. This is an interesting case


Keep us posted!

 

Re: Re: medical collection confusion HELP!!

hiding,

he didn't say that they sent verification this time... the last time he dealt with them, on another account, they sent a print out. NOW, all they sent him was the previous collection notice... to which he had already sent them the validation letter on.

onmyway,

was the collection letter that they just sent dated the same time as the previous letter, or on a date after they received the validation letter?

if its the same date, then it is possible that they accidentially printed the notice twice, and the second one was held up in the mail (or they may have even hit the wrong key when they were trying to notate the account that they received a validation request).

 

Re: Re: medical collection confusion HELP!!

You are correct.

They sent what THEY THOUGHT was verification. I was explaining WHY the collection agency was continuing to collect.

In THEIR minds they had sent it, so they can continue.

THEY ARE WRONG, but I was explaining their view point

In other words, this is not just a validation/verification issue

it goes FAR beyond that

Lets say they wiggle their way out of the validation issue by simply saying "we SENT the notice" the consumer never responded in the 30 days. We didnt send verification after that because we dont have to.

THIS IS CASE LAW- Mahon.

BUT, they cant wiggle out of the fact the debt was assigned in error, which it sounds like it was

 

Re: Re: medical collection confusion HELP!!

hiding...

All they sent in regards to this account is the same collection letter.

In NO ONE'S competent mind can sending the same collection letter be called verification.

In the previous account, yes, they may have verified that account, but that's not the one we're focusing on now.