Medical Debt Question

Discussion in 'Credit Talk' started by CBMCBM, Jan 4, 2009.

  1. CBMCBM

    CBMCBM Member

    Hi all !!!!
    I just got an account by a CA deleted from my TU report. This account had been added to my report in DEC 08 and was for a Clinic bill from 2005. I called the Clinic to find out about the date of service and the amount owed. They gave me this info and then told me they had sent me to collections because they did not know where to send my bill to since I had moved out of state. They gave me the details of the CA whom i now needed to pay. I disputed this account with TU and they deleted. I then sent a bank check to the clinic with restrictive endorsment stating that only they can deposit this check and only into their account and that they could not transfare it to the CA. I also requested for a letter stating that this account has been paid in full and that I had fullfilled all my financial obligations with them. They should get the check by Jan 6 09. Now here are my questions:

    1) can a CA just post to TU or any other credit bureau without having communicated with you. I received nothing from this CA. No dunning letter, no nothing. My first communication with them was through my credit report that I had gotten from TU after my Credit union denied me of a small personal loan. I hope the CA did not violate any credit collection laws.

    2)How can I know if this bank check has been cashed. would i contact the bank that issued?

    Thanks in avance for reading my post and responding.
     
  2. greg1045

    greg1045 Well-Known Member

    As to #1 - yes they can. And - no- they did not violate any collection laws.
    As to #2 - Yes you should get proof, copy of the cancelled check, that it was paid.
    Then contact the clinic and get them to communicate with the collection agency to stop all collection activities and remove the negative info, from the credit reports.
     
  3. CBMCBM

    CBMCBM Member

    Thanks for the quick response. So I guess CA is not required to send a dunning letter with all the miranda stuff. they can just post to the CRAs at will and not inform the consumer about the posting? I think thats what is in your response -right!? are they at some point required to send a dunning letter or is this not necessary on their part ?

    The check sent to OC was an official bank check not a regular check from my checking account. I guess I will call the bank to find out if its been cashed. The TL was being reported by the CA and as I said had been deleted after my dispute with TU. There was no entry into TU by the OC. I am paying the oc so this does not come to haunt me later. They had said for me to pay the CA but I sent the check to the OC with the restrictive endorsment
    I appreciate your help.
     
  4. greg1045

    greg1045 Well-Known Member

    As to your first paragraph: Don't really know when collection agencies start sending out dunning letters - depends on their workloads, other (bigger $ amounts) in the works.
    Second paragraph: Once you get a copy of the check that you paid the original creditor, send a copy of that copy to the collection agency ONCE/IF they start hounding you.
     
  5. cap1sucks

    cap1sucks Well-Known Member

    Seems to me there just might be a little case of misrepresenting the legal status of the debt. It is paid, so the legal status of the debt should be PAID IN FULL. Right? Or is that trying to plow new legal ground?
     
  6. greg1045

    greg1045 Well-Known Member

    If the original poster has a copy of the check made out to the clinic for the full amount paid it ahould be the clinic's responsibilty to notify the collection agency of that payment and get them to change it to PAID IN FULL.
     
  7. CBMCBM

    CBMCBM Member

    maybe i did not make myself clear. here is the situation
    ---all this happed DEC 2008 and the following order
    -- I get a copy of my TU report from TU and notice new medical collection listed by CA and not OC.
    --I call OC and ask for date of service and amount owed. They tell me and add that the account is with CA.
    ---I send a dispute to TU and they delete the CA listing on my report.
    ---Now I want to pay this account in full but to the OC and not the CA.
    ---So i buy a bank check and send it to the OC stating that only they can cash the checck and its for deposit into their account only and it can not be signed over or transfared to any third party collection agency. The cover letter and the check was sent cmmr on Jan 2 and they should get the letter Tues JAN 6
     
  8. Hedwig

    Hedwig Well-Known Member

    What makes you think they have to agree to your terms by cashing that check? And how are you going to know it's cashed?

    They probably have someone who opens the mail and deposits the checks in their account.

    You should have gotten the agreement before sending the check. And why not send a personal check so that you have proof that it's cashed?
     
  9. CBMCBM

    CBMCBM Member

    I guss its to late for me to play the what if game. The check is sent and I will wait to get the receipt from the clinic that the check is cashed by them and my account with them paid in full. Thats what i'm hoping for
     
  10. greg1045

    greg1045 Well-Known Member

    And once you get the receipt stating PAID IN FULL from the clinic, also get THEM to withdraw that account from the collection agency.
     
  11. CBMCBM

    CBMCBM Member

    Thanks for the insights, suggestions and advice. I will keep you informed.
     
  12. CBMCBM

    CBMCBM Member

    Chech has been cased by the OC. I called the Cred union where i got the check and they told me it cleared their CU on 1/15/09. All i'm now hoping for is that OC withdraw account fro CA. Currently this account had been deleted through a dispute by TU. So hope CA will not attempt to update Paid in full and reinsert item back to my credit report.
    thanks all
     

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