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OC had wrong address and phone, sent to CA


Slippy
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The OC is a medical portable test device company and the CA is BYL services in the amount of just $300.00
We do owe the debt, however there is a mix up at the OC end.
 
They shipped the device to our physical address and then when billing time came, the insurance paid their portion and the OC, unbeknown to us was sending the billing of our portion of the balance to our house address, but we only can receive mail at our PO box.
They had that info but who knows what happened.
 
The US mail will send it back stating "no such address".  One wold think they would attempt looking for my correct mailing.
My wife on her cell phone (not the listed home phone) received a few calls and we never put it together asking for me due to a personal matter.  She assumed solicitation so never called back.
 
Just a few weeks ago I found on my CR there is a collections account from BYL services for the balance.
 
Not sure how to approach this.  I don't want to just contact the CA first and loose any of my rights.
First thought a PFD, but I think the OC has some responsibility here.
I still need to find if the OC sold the debt or if the CA is just works for the OC for a percentage.
 
Not sure where to start with this one, idea's?

 

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Not sure how to approach this.  I don't want to just contact the CA first and loose any of my rights.

First thought a PFD, but I think the OC has some responsibility here.
I still need to find if the OC sold the debt or if the CA is just works for the OC for a percentage.
 
Not sure where to start with this one, idea's?

 

 

Hard to take portion: Why exactly would the OC have any responsibilty here?  (1) Statements are a courtesy, not a requirement on bills.  You admit you owed it & knew you did.  Did you at any point contact the OC to say "Hey, I know I owe you money, how much, when and why am I not getting any statements from you?" (2) They did mail said courtesy statement to address they had on file & when it was returned they did make good faith efforts to contact you & correct the problem.  You didn't respond & again, I'm guessing never reached out to them either.

 

Answer to question:  I personally would suggest calling the agency & getting it resolved there, however if you don't want to do that you can always contact the OC & see if they still are your creditor and if so do the "gee, I'm sorry, this just slipped through the cracks, here's your money & could you please get the dogs off me?" routine.  If they sold it, they'll point you in the right direction.

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Answer to question:  I personally would suggest calling the agency & getting it resolved there, 

 

DO NOT do this.  @Rogue198 is a former debt collector (not so sure he isn't a current one) and this advice is WRONG.  NEVER EVER deal with a collection agency if you do not have to.

 

Medical debt is the easiest to deal with in a situation like this.  Simply call the OC and state there was an error.  DO NOT place blame but nicely ask if they will simply recall the debt from the CA since the statements were sent to an address where you do not receive mail and you can pay them RIGHT NOW.  Often the "aw gee shucks an error was made"  gets it handled from the OC.  Many will do it.  They have the power to do so.  If they will not (you cannot force them)  then you deal with the CA and do a PFD.  

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DO NOT do this.  @Rogue198 is a former debt collector (not so sure he isn't a current one) and this advice is WRONG.  NEVER EVER deal with a collection agency if you do not have to.

 

Medical debt is the easiest to deal with in a situation like this.  Simply call the OC and state there was an error.  DO NOT place blame but nicely ask if they will simply recall the debt from the CA since the statements were sent to an address where you do not receive mail and you can pay them RIGHT NOW.  Often the "aw gee shucks an error was made"  gets it handled from the OC.  Many will do it.  They have the power to do so.  If they will not (you cannot force them)  then you deal with the CA and do a PFD

Clydesmom,

 

Thanks for the info.  I used this board several years back.  A CA hired a local attorney.  I studied this board and learned a lot, enough to bring a counter suit and I was awarded judgment!!

The thing I remembered the most was never attempt contact with CA, unless basically it's the only resort.  Thanks for the refresher.

 

I will contact the OC and see what they say.

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  • 2 weeks later...

Well, I did contact the OC.  They were very nice and understood my problem, however they did sell the debt and can not recall it.

She sent me the info they had for contact which is correct (even though I never received anything from them) and she however suspects the CA has my physical and not mailing address.

 

 I then called the CA and they want to record everything.  I advised I do not consent to recording, with the CA stating they could not help me unless they can record so I hung up.

 

I do not want the recording to admission of the debt in case they deny a PFD.  If they will not delete then I can consider another angle and fight them on it.

 

I can always send a PFD agreement for them to sign stating there is no admission to debt but will pay to have it removed and see if the accept.

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I do not want the recording to admission of the debt in case they deny a PFD.  If they will not delete then I can consider another angle and fight them on it.

 

I can always send a PFD agreement for them to sign stating there is no admission to debt but will pay to have it removed and see if the accept.

 

DO NOT do anything verbally as it won't hold up in court anyway.  The CA is more likely to promise you things they can't or won't deliver on to induce you to pay.

 

I have a settlement agreement I have used successfully several times to get a PFD.  I send 2 copies with my signature along with a letter that states if they accept the terms to have an authorized representative sign and return one copy and keep the other for their records.  Payment is then made via money order within 14 business days of receiving the signed settlement back.  They must delete within 14 business days of receiving payment.  

 

Check your PMs.  

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DO NOT do anything verbally as it won't hold up in court anyway.  The CA is more likely to promise you things they can't or won't deliver on to induce you to pay.

 

I have a settlement agreement I have used successfully several times to get a PFD.  I send 2 copies with my signature along with a letter that states if they accept the terms to have an authorized representative sign and return one copy and keep the other for their records.  Payment is then made via money order within 14 business days of receiving the signed settlement back.  They must delete within 14 business days of receiving payment.  

 

Check your PMs.  

Thank you for the example, I will be sending it out this week.

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