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HELP! MEDCLR/BOYAJIAN LAW OFFICE!


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Hello all...

I recvd a letter from Boyajian Law Offices in regards to an NCO account that was purchased by MED-CLR. The balance is $504.00. This account is not on my CR, mind you. But I do have other NCO's on there that I have disputed and had deleted off my CR. This account number is not on my CR, but there is one for $407...maybe that $504 is the amount with interest added....? I sent DV to NCO 2 days before I got the letter, so I doubt this letter is in response to that. The letter states:

Dear XXX

You have obviously chosen to ignore our previous communication demanding that you resolve the outstanding indebtness for medical/ambulance svcs recvd and for which payment has not been made by you. MEDCLR who has purchased your account from said company is named on the attached page. All inquiries regarding this account should be addressed to our office and not to the medical svc provider as they may have no readily available information based on sale of this account. Therefore unless we recv immediate payment we reserve the right, on behalf of our client, to seek all remedies available to ensure payment. If you believe insurance might be responsible, YOU MUST FIRST MAKE FULL PAYMENT TO OUR OFFICES AND SUBMIT A CLAIM THEREAFTER.

Does anyone see anything wrong with this letter from them? I have read from a post that the OC (Emergency Phy Assoc of S Jersey) does not exist...anyone hear of this? Is this considered a letter to sue me?

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If you believe insurance might be responsible, YOU MUST FIRST MAKE FULL PAYMENT TO OUR OFFICES AND SUBMIT A CLAIM THEREAFTER.

I would consider this phrase deceptive and misleading. You most certainly do not need to pay before insurance. You can simply wait for insurance to pay... You CAN pay first, and have them repay you such as if your home was damaged in a storm, but you can always wait. 1692e(10)

BTW this letter is most certainly not validation... But you knew that.

Looks to me like a CA/Attorney. I would DV this company as well. No mini-miranda? No attempt to collect a debt notation?

This is definitely an attempt to collect a debt, so those notices need to be there.

I'm willing to bet NCO sold it off the instant they saw your letter. Maybe this guy is fast? Or just coincedence. In any case, you have several violations here. Read the law, know the law, go through it with a fine-toothed comb and lay out your violations, the statute violated, any proof you have for that violation. Sounds like this guy is going to threaten to sue, (he hasn't yet, nothing illegal about saying he can exercise his rights.) This is a scare-tactic letter. DV them.

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No, I don't think this is a letter stating they will sue. I think this is just another CA (who might be a lawyer) trying to scare you into doing something you might not have to do.

I'm not sure what you mean by "Emergency Phy Assoc of S Jersey" doesn't exist. You mean this was a bogus charge to begin with?

At anyrate, I'd suggest a DV letter to these guys. Yes, they may indeed sue...but their line about the OC "... may have no readily available information based on sale of this account. ..." leads me to beleive they will have a tough time validating.

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Just so you know who you are dealing with:

http://www.cleburnenews.com/news/2005/cn-local-0603-wruple-5f03i2442.htm

http://www.guardmycreditfile.org/index.php/content/view/442/50

http://www.ripoffreport.com/reports/ripoff133979.htm

I'd consider the part about paying and submitting a claim to insurance false or misleading. You HAVE TO do this according to what? Them?

Make sure you indicate in your DV that this is the first letter you ever recieved from them and ask that they kindly relay the addresses/dates of other letters sent.

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