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Confused! What do i do?


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Hello,

I posted to the board in Dec when this all started. The Problem is I have a CA telling me i have to pay them $539.38. The CA is charging $133.98 collection fees. I contact the doctors office asking them why couldnt they of just called or sent a statement or something instead of sending to CA and that i will come in to pay them their $406.00 that I owe them. The Doctors office tells me, not to make payment to them because i do not owe them anymore. I ask how is that, your the creditor, i am telling you i will come and pay this. Doctors office tells me this was written off. I call CA and ask how can he collect a debt when i try to pay the original creditor and they wont take my money because they claim i dont owe them the money. He yells at me and tells me he is taking me to court then hangs up. I am all confused with one.

When this started i took the boards advice because me and my husband were threatened with legal action, no mini-miranda on first communication which was the phone. This company always screams at me then hangs up threatening legal action. Contacted a lawyer faxed everything over to him the validation letters and to recorded conversations, and before this last thing with the doctors office itself he turned my case down. I would appreciate it if someone had some good advice. I am not nor have i tried to get out of ever paying this debt but the doctor wont take my money.

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1st, dispute the debt. In the letter ask for the contract, etc. (See this site for a good sample). Tell them that collection fees are illegal under the FDCPA and you request that they remove them or show you the contract where you are obliged to pay them.

If they don't validate fully, and still report you, then sue them. You've got them on the fees. You can file a small claims suit in your home state. It will cost the DC more than $500 to defend, so they may agree to drop debt in exchange for dismissing case.

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Thanks for a quick response. When this started i did dispute the debt they sent me a copy of the federal truth and lending disclosure statement that i signed and says i will be responsible for court, attorneys fees should collection action be taken. Then on the patient history sheet it shows i owe the doctor $400.00, and hand written in Interest $6.00, then Col=$133.98. Now i received another statement from the CA and the new total is 551.33. When i spoke to the doctors office i told them i would come in and pay the $400.00 + $6.00 in interest by money order or cashiers check they told me they will not accept any payment from that i no longer owe them the money. I asked how is that possible you are the creditor? I asked if this was sold and you wrote it off or what is the deal here. Her reply no comment and i cannot give you that information. In the mean time, yesterday my husband receives a call at work again from this CA when they were told never to call him there again. This was also put in the validation letter. This is truely out of control. The doctor could of sent a statement or phone call and this bill would of been paid this should have never went to a CA. I want to know if i can find out if the debt was written off by the doctor and if so i technically have to file with irs as income earned. Is there a way to find this out since the doctor wont help me with this? And how do i get CA jerk to stop calling husband at work? Any comments would be appreciated Thanks Much!

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Masonuc is right. Get ready to sue before they sue you, especially if you live in IL. If they sue you first and get a judgement, from what I've read here is 20 years! They have way too may violations for you to wait for them to attack. (I know by experience they like to play mind games). If everyone wouldn't sit back and went after CA's at first violations, there could be better management of collections and their practices. From what I've seen at this site it seems the CA's with their attorney's don't play fair and try their hardest to make your life living hell so you bow down and pay one way or the other. They really abuse the legal system to their advantage too. Don't delay or you'll be singing their tune, go for the throat first and make them pay you!

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