qbert

collectors charging interest with no basis

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hi guys, its been awhile,thanks for all the help in the past

 

I've been keeping my stuff reasonably straight, i had some medical bills that got late and went to collections.

i paid the principal balance but refused the additional fees

they tacked on "fees and interest" which to my understanding there is no basis for such per the original payment agreements with the medical providers

is there a standard form to request them to present the original contract that authorizes them to collect fees on overdue accts? 

 

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1 hour ago, qbert said:

i called the billing office at the doctor and they said they do not charge interest, they did not provide me the agreement however

Ask for a copy of the financial guarantee.  Often there is a clause in it that states if they have to send it to collections then 18% interest and collection fees are the patient's responsibility.  If there is no such clause in there then you have no legal obligation to pay the added charges.

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1 hour ago, qbert said:

Shall i prompt the collection agency for a copy of the contract that authorizes them to collect interest?

Yes.

1 hour ago, qbert said:

anybody have a template?

Just ask them who/what authorized them to collect interest.

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It's your call. It could potentially be an FDCPA violation if they insist they can charge it but it's not in the agreement,  so a paper trail wouldn't be a bad idea.

What did the medical provider have to say about the interest? 

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10 hours ago, qbert said:

Shall i prompt the collection agency for a copy of the contract that authorizes them to collect interest?

Yes.  Who did you pay the actual past due amount(s) to?  If it was the provider I would send a simple letter stating that the outstanding balance was paid to [medical office] on [date] and there is no longer an outstanding debt.  After careful research with the billing manager [name] you have determined that the provider does not charge interest and fees for accounts sent to collections and you are not legally obligated to pay this amount.  I consider the debt paid in full to the provider and any fees they are seeking are not my financial responsibility.  Any further attempts to collect these added amounts will result in litigation for deceptive business practices, fraud, and violation of the FDCPA.  

They should go away.

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My question is if I write to the collection agency, and keep in mind, this is years after the actual medical collection has been reported on my credit report, asking for any of the following: 

-The contract of the original creditor

-A debt validation, asking for the original creditor and how to contact them

-Since I have paid none of these collections, is my contacting them, the collection agency or the original creditor, in any way, have the ability to move the date of last activity to the present day & restart the 7 years?

Currently I have about 5+ years into the 7 year amount, however; if them trying to collect interest & fees that were not allowed, could that make the debt invalid, since they misrepresented the debt amount?

Thank so much!

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50 minutes ago, JennCreditNow said:

My question is if I write to the collection agency, and keep in mind, this is years after the actual medical collection has been reported on my credit report, asking for any of the following: 

-The contract of the original creditor

-A debt validation, asking for the original creditor and how to contact them

-Since I have paid none of these collections, is my contacting them, the collection agency or the original creditor, in any way, have the ability to move the date of last activity to the present day & restart the 7 years?

Currently I have about 5+ years into the 7 year amount, however; if them trying to collect interest & fees that were not allowed, could that make the debt invalid, since they misrepresented the debt amount?

Thank so much!

Please start your own thread so that your questions do not get mixed up with the original post.

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