Collection agency issue Help!

[jams]

Hi,

I was mistakenly sent to collections over a doctors bill ( I disputed it and won). Due to a change in billing computer systems, I was sent to collections for non-payment. It should all be resolved in the end once I get the billing dept. at the hospital to contact the collections agency.

My issue is-- I am being harassed and lectured over the phone by the collection agency. They are very rude, hard-headed people. I guess they have to be that way to collect money but I am being treated as a deadbeat when I am not!

Can you report them to the Better Business B. or something similar.
Their lies, misinformation, unwillingness to work with me to resolve the problem and harassment through phone calls has made this an unpleasant experience.

Do I have any recourse until the problem is resolved? I lost it today and called the guy an A$$%&%&

Thanks

[Roscoe]

There are serious laws regarding collection agencies and consumers. I would check your state laws at the AG level. Additionally, at least in NJ, if you tell them to stop calling they must cease immediately.

http://www.fair-debt-collection.com/fair-debt-act.html

Here's the law on calls http://www.fair-debt-collection.com/...n-calls-5.html

One more thing. If they are harrassing you try to get them on tape. Let them do it several times. Then sue the sh1t out of them.

Roscoe

[Roscoe]

collection agency keeps harassing me about a debt I don't believe I owe. What can I do? Send them a certified letter asking that they verify the debt. (Sample letters are included in our debt kit.) Verifying the debt requires that they send you copies of documented proof that you owe the debt. There is a statutory period governing them, so you need to act as quickly as possible after that make initial contact with you. You can also ask them to stop contacting you since you don't believe you owe the debt. Once you have told them this, they are barred under the Fair Debt Collection Practices Act from contacting you to try and collect the debt or putting negative information on your credit report. They can contact you to tell you they're giving up all collection activity or they're going to sue you.

http://www.bcsalliance.com/y_debtFAQ.html

[392cobra]

The collection agency is working for the Dr.,you need to get the Dr.'s office to call them off asap.

You don't have to listen to this abuse from them.You can just hang up as soon as it starts.

You will need to keep checking your credit reports for some time to come.You can bet it has been hit by this and will need to be corrected.



Fair Debt Collection
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?

If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt? Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you not owe money?A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?

Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:
use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
you will be arrested if you do not pay your debt;
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

collect any amount greater than your debt, unless your state law permits such
a charge;
deposit a post-dated check prematurely;
use deception to make you accept collect calls or pay for telegrams;
take or threaten to take your property unless this can be done legally; or
contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.

Where can you report a debt collector for an alleged violation?Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

[jams]

Thanks for sharing this wealth of information. I now have some reading and writing to do, to take care of business!!!!

Appreciate your time!
Jim

[427sharpe]

It is much easier to stop harassment such as this. Read the attached letter, change it as required and send it to the collection agent certified mail.




To Whom It May Concern:

This letter is being sent to you in response to a letter dated ----, 2007. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is required. This is a request for VALIDATION of this supposed debt as your response was inadequate.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

* What the money you say I owe is for;
* Explain and illustrate how you calculated what you say I owe;
* Provide me with certified original copies of ALL papers that show I agreed to pay what you say I owe;
* Provide a verification or copy of any judgments or liens if applicable;
* Identify the original creditor, original account number and CERTIFIED ORIGINAL, SIGNED copies of all applications (including any and all original provisions and disclaimers), contracts (including any and all provisions), bills and statements;
* Provide a full account history and itemization of alleged debts
* Prove the Statute of Limitations has not expired on this alleged account
* Show me that you are licensed to collect in my state
* Provide me with your license numbers and Registered Agent
* I hereby deny all responsibility as I have never heard of “(collection agency)” and have never entered into any agreement with them
* I am not aware on any delinquent debt owed to any such entity

At this time I will also inform you that if your offices have reported invalid information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act - reporting inaccurate information
* Violation of the Fair Debt Collection Practices Act - continuing collection activity on a debt which has not been validated

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

REQUEST FOR IMMEDIATE CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your offices to my home, cellular phone or to my place of employment, unless it is to provide the required validation as specified or release of liability of the alleged debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are correct and in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Best Regards,

[427sharpe]

I have been volunteering time to assist folks shipped overseas get financials in order, and this is the letter we use to stop unwanted harassment of spouses. Certain trolls in the collection business (is there anything else??) read the lists of recent deployments and go after spouses for old (retired) debts by trying to scare the beejesus out of them with strongarm tactics. So far, this letter is batting 1.000

[bomelia]

Call your local TV news station. Get them involved. Make sure the Doctor in question gets mentioned. Bet it stops PDQ.

Just for fun, hire a lawyer to send a nasty letter (ABOVE)...would be worth the $250 or so.

Mike

[392cobra]

Robert,
That is one First Class letter !!!
Not surprised you are batting a thousand with it.It covers it all.

Don't believe anything the collection agency tells you.If their mouths are moving,they're lying.
Nothing counts from them unless it is in writing.They got you mad and upset,that is exactly what they are trained to do.

Keep every piece of paper concerning this,forever.
There is a fair chance they will bring this up again in the future.
Again,the Dr. can put a stop to this.I'd be beating on his door,in person.

You have to take charge of this.

[trularin]

Wow Robert, that is one heck of a letter.

I've had people call to collect on things I had no idea what they are talking about, but I usually could talk with them enough that they saw the error.

Jams, I am sorry to hear you are being harassed. Send Robert's letter.

I think it is great that we can come to our brothers ( and sisters ) and get help on stuff like this before we become a victim.

[4RE KLR]

I spent 14 years in he banking business. I have seen just about every tactic out there. I hate to say that sometimes you have to be cleaver to locate the people you are trying to get your money back from. The money was loaned in good faith it would be repaid.

Now, having said that and before anyone starts screaming at the monitor (or me) let me finish.

The above letter WILL stop the harassment. If it doesn't then you will be forced to take legal action. You will have to file suit against the collection agency AND the doctor in question. After all even though they are independent they represent his office.

Sometime collection agencies do not want to realize there is more than one person named John Smith. When they find a person with the right name they are hell bent on getting something out of them.

My advice is to send the above letter both certified Return receipt requested and regular mail, CC the doctor in question, an attorney and yourself (yes yourself, so you can prove it was mailed). I would not wait for one second. The longer you wait the worse it will get, I promise! They are like vultures they will not stop. I have even heard of situations where the wrong person has made payments to get this very type of harassment to stop.

I know it is not right but I am telling you it won't stop until you make it stop.

[jams]

427Sharpe
What a great letter. I will be sending it out today. Thank you and to all of those who have responded.

Can't wait until this is over.

Jim

[4RE KLR]

Good luck and keep us informed.

Together we can help you end this nightmare.

[trularin]

I agree with Steve, this will be one to watch, just to know how that great letter was handled.