jjohns39

Med account came back verified need help settling

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@Determined1

 

Yes.  Anytime a CA misrepresents an amount of a debt, it's a violation of 1692e(2).

 

Also, the adding of interest must be authorized by the agreement or by law.  If the interest has not been authorized, it's a violation of 1692f(1):

 

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

 

However, remember that one must prove that the amount is incorrect.   While $1200 in interest seems exorbitant, if interest is allowed to be added, and the rate is correct, then depending upon the amount and age of the bill and the rate of interest, it could be accurate.  The OP would have to do his homework and crunch the numbers.

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Update: 

 

I spoke with the CA this morning while I was drafting a letter to send them. I called to get the correct account numbers and while on the phone I requested that they send me all of the account information including procedures, expenses, and break downs of what was owed to the OC. They said they in fact do not have any of the information on file and they would need to make a request to the OC to obtain that info for me. So now we know for certain that the CA and the OC neither have the file any longer. Should I proceed with a letter to the OC and the CA?

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Update: 

 

I spoke with the CA this morning while I was drafting a letter to send them. I called to get the correct account numbers and while on the phone I requested that they send me all of the account information including procedures, expenses, and break downs of what was owed to the OC. They said they in fact do not have any of the information on file and they would need to make a request to the OC to obtain that info for me. So now we know for certain that the CA and the OC neither have the file any longer. Should I proceed with a letter to the OC and the CA?

 

Put a statement in your letter to the CA saying something to the affect of:  "per our conversation on March 5th, 2014 I have requested the following records so that I can verify the accuracy of the charges..... etc."  then see what they send you.  If/when you get nothing then you have a LOT of leverage to get this removed.  The only reason I say not to get ahead of yourself is because the first person at the hospital who told you they have no records could be a drooling mouth breathing moron who has no idea what they were talking about and the person who gets the CA's request does and finds the records.  

 

The letter needs to go to the CA because they are the ones reporting on your CR.   Make sure you send it CMRR.  

 

Hypothetically if they respond that they have no records then the letter you send back should insist on a deletion because you dispute the existence of the charges at all along with the amount and their right to collect interest on a debt they cannot prove you owe.

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@jjohns39

 

Have you disputed the entry with the credit reporting agencies?  That must be done first.

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Update: I sent out a brief letter to the CA requesting an investigation into the accuracy of what was being reported as well as proof of the account from the original creditor. I also requested that they submit proof of being able to tack on interest for each month that the debt was past due.  Since I had already spoken with the CA as well as the OC and they had both informed me that they had no information on this account I assumed that this letter would have gotten them to remove the account as I demanded immediate removal if proof of the account was not submitted. However yesterday I received a package from the CA on their letter head and printed from their systems, a full print out of procedures performed and amounts charged during the hospital visit. THere was no original information within their documentation from the hospital itself, it was all from within their own system. Also, along with this information they submitted a letter stating they had already verified the account and sent me this information once in the past and everything is reporting correctly. They also said that under the state of CA they could tack on an additional 10% interest each year the debt was past due. 

 

At this point I am at a loss. It was my understanding that the CA had to have paperwork from the OC to collect the debt, not just print outs from their own offices. But I cannot find any information on this topic. So I would assume that I will have to pay these off. 

 

Any suggestions?

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@jjohns39

 

It was my understanding that the CA had to have paperwork from the OC to collect the debt, not just print outs from their own offices.

 

 

You're referring to what some courts might require in order to validate a debt under the FDCPA.   The FCRA makes no mention of a requirement to have documentation from the original creditor.  It only says that information in an entry must be accurate.  It also says that a furnisher must conduct a reasonable investigation of a dispute.

 

Are they reporting inaccurate information?

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All of the information on the account appears to be accurate, at least to the best of my knowledge. My name, address and other info is correct, but I do not know if each individual charge is correct. I guess at this point my last hope is to try and contact the Insurance company once again and figure out why they did not pick up on the bill, or where never properly charged. I have tried this numerous times and I'be gotten no where, but I guess I will give it another shot. 

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@jjohns39

 

That's a good idea.  You could only sue if you could prove the information is inaccurate, and they refuse to correct it.

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HEADS UP EVERYONE:  The poster that is referenced in the above quote is indeed an attorney but you should be aware that he area of practice was in taxation law and as a COLLECTIONS ATTORNEY.  This explains why his answer on the medical debt was WRONG regarding HIPAA.  He no longer practices law according to his Amazon profile.  According to the profile he now operates a business that helps start ups incorporate.  He hasn't practiced as an attorney in 12 years which means he is likely out of touch with current legal changes especially in regards to HIPAA where he has NEVER practiced law in that area.

 

He claims to be a "reformed" collections attorney and has self published a book on surviving debt.  I don't know about anyone else but I would be HIGHLY suspicious of even an alleged reformed collections attorney giving advice on how to settle debts or deal with debt collectors.  He posts on several boards like this one and I would advise checking ANYTHING he tells you to do with a competent consumer attorney that IS advocating for your rights.  

 

Here is the major relevant part of that profile:

 

born in Tampa, Florida, a fourth-generation Floridian, graduated from the University of Virginia and the University of Florida School of Law, lived and practiced law in Gainesville, FL, Tallahassee, Denver (where he earned an LLM in Taxation) and Miami, and returned to the Tampa Bay Area in 2002 where he operates Florida Incorporators, Inc. an online incorporation service. Having worked as a collections attorney for the Florida Department of Transportation in Tallahassee

@Clydesmom - Please quit personally attacking flacorps.  Last warning.  

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@Clydesmom - Please quit personally attacking flacorps.  Last warning.  

 

@admin That post is almost two weeks old.  I have already spoken to him privately.  I have NO idea why it is being dredged up now.

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At this point I am at a loss. It was my understanding that the CA had to have paperwork from the OC to collect the debt, not just print outs from their own offices. But I cannot find any information on this topic. So I would assume that I will have to pay these off. 

 

Any suggestions?

 

They DO have the paperwork from the OC.  They got their records from the hospital.  More than likely the hospital sent them microfilm and they simply printed from that.  They do not have to have the original hard copies for it to be valid.

 

Start with the insurance company and find out what they paid.  I would also verify that nonsense about legally being able to add on 10% interest.  I believe that is POST judgment not because they think they can.  I am not certain that is accurate.

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