Harassment from the mean people

What is the name of your state? Tennessee

Drama Drama Drama... If anything you will giggle at my dilema...
But I would really like a response with any sane suggestions.
So without further delay************** Welcome to my Tuesday!

Filed Bankruptcy in 98... (chapter 7)
of course we all know this screws your credit up for 7 years! No argument here...
I just recently pulled my credit report in August and was actually pleased with what I saw... except for one little thing...

ok ok ok about $600 of a little thing that apparently was unpaid..

~~~Now for those of you that might roll your eyes at the thought of another excuse as to how a bill mysteriously went unpaid... just keep reading.

I had NO clue what it was so I called and learned it was UNPAID medical bills from 1999...
This was the FIRST I had learned of this... In researching the charges I learned that there were two bills one for $419 and one for $92 that were filed incorrectly with missing information and the provider denied the claims and then it was sent to collections... no prob.. I contacted where the bills originated from, explained this was the first I was aware of the missing information due to divorce and moving and needed to know what I was to do to refile... pay ... fix it... whatever was needed. I was even talking with the collection agency... and they did send me a print out of each bill that had accumulated and on the bottom is pretty black ink from a stamp was "any information to collect on the debt"...
thats cool... I want the darn thing off my report...

$96 is actually from the ex and he TRIED to pay it over the phone and they said they would not take anything less then the full amount because the debt is so old.. ok so they want my money but they wont take my money?
Can someone explain that?
OK so all that in a nut shell...

BIG NUT I guess!?!?!?!

I get a letter dated Aug 20 2003 saying I need to pay $20 and that legal action will be taken and a warrant will be requested and blah blah blah... y'know the usual... ok... well.... MY portion is going through a review from the places that filed the bill incorrectly to see if the statutes have not been past to see if the provider will still pay... I notify the agency of this... Guess they dont care huh? I did not pay the bill... for NO other reason then I am trying to get it all straightened out and actually thought it would happen. (I have been told I am naive)

I get a phone call at work from a lady with the company in Sept. I was unable to talk with her at that given moment and we never reconnected. My fault I guess for not calling back... I will own that. She never called back I never called her. TODAY... GRRRRR I get a phone call from the same lady... I answer the call... and the first thing out of her mouth is "This is M~~~~~~~ with Blah Blah Blah and WE are going to take LEGAL action against you for this unpaid balance!" OK I swear folks this was ALL that was said... So NOW... I am pi$$ed. so my response is: (as cheary as I can be being that my boss is sitting across the room) That is fine, you do what you have to do, and do not ever call my place of work again and I hung up. If she would have said... Ms. So and so we have this balance that we are trying to clear up can you do something or anything or whatever... Or this is blah blah blah and we are calling to see what is going on... {{{or hey this is a really mean and friged woman with no life that gets her kicks off by calling people all day and bullying them and I want your money}}} I am being sarcastic by the way but to just start off the call like that was just ridiculas... Being that I am the one that made the first initial call to find out what was going on and what I needed to do to clear it up and since 1999 I have recieved nothing regarding this issue. The businesses send something regarding missing information.. I cannot verify nor deny getting anything but it could have been one of the hundreds of "This is not a bill" statements that we got and threw in the trash. ((( For goodness sake.. they have my social... my last known address... which only changed last November.))) ANYWAY****************************..My boss looked at me wondering what on earth was going on. And then phone rang again... Guess who...? I am sitting across the room and she is SCREAMING ( I could actually hear the shrill in her voice!!!) at MY employer demanding my employment information and his name and the address. It was awful. I was mortified and he was LIVID. As he tried to speak to her and get her name and where SHE was calling from she slammed the phone down on him.
He looked at me... and I crawled UNDER my desk! I did not know what to say. I can say if she thought that garnishing my wages is going to help it will be sure suprise when he FIRES me!

OK so... now that we have just covered a day in the life of TiTi... What do you suggest...

~~~Ofcourse the easiest is to just pay the bill... and I plan to once I know what is happening. It has only been 2 months since I called them in the first place. It has been 4 years since THEY have even tried to contact me AND they even admitted they have made NO attempts since 99!

~~~I can call the BBB (better business bureau) but that seems a little silly. Being that I technically "owe" money and they are attempting to collect. I fear I would seem like a whiner... ( I might be... BUT WITH JUST CAUSE!)

I did however contact my Lawyer and asked them what I should do. They are sending a letter out to them telling them that "legal" action will be taken against them if they contact my place of employment again. (I do not know if this will work but hey... it's worth a shot.)


OK Ladies and Gents? What now? Do I have rights here? Do I have anything to stand on? Am I up a creak with no paddle and fast leak?

I anxiously await your responses...

TiTi

Mean people SUCK!

I believe what the CA did was, if not illegal, very close. I, however, am not an expert, as many who post here are. Therefore, my advice, if you want some other advice, is to restate your original post BRIEFLY, with question(s) clearly posed at the bottom of the post.

Good Luck...

[Ladynred]

You most certainly DO have rights and your lawyer is right on target. The CA (is it NCO aka Mediclr??) witch who called screaming and threatening legal action has racked up a few FDCPA vioaltions - big time. You should go read the FDCPA and learn YOUR rights and what limits the collection agency (CA) has. The verbal abuse is against the law, and threatening legal action they either cannot or do not intend to take is another violation. Calling you at work, when you specifically told her NOT to is another violation (FTC says notice does not have to be in writing, but it has more force if it is).

You can read up on the FDCPA here:

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

Section 806 deals with harrassment and abuse - which is a no-no.

When was the date of service on these medical bills ?

Statute of limitations (SOL) on medical services, per the UCC (for goods and services) is 4 years, so it could be that the SOL has run out or is about to. That means once the SOL is up, they cannot legally sue you. Ask your lawyer about this and see what he/she says.

Your lawyer hopefully sent the CA a cease and desist letter, at least stating they are not to contact you at work. You CAN request that they not call you at all and to make ALL contact thru the mail only. If the SOL has run, then you could tell them to go away - permanently as the debt is time-barred. You could then settle up with the providers if you choose to.

Its also worth noting, and in the FDCPA, that once they know you are represented by an attorney, they are NOT to call you, they must go thru the lawyer.

Keep a log of all calls, date, time, what is said, etc. TN is a one-party state. That means you can record the incoming calls and you do NOT have to tell them you are recording. The FTC just loves getting violating CA's on tape. You can sue the CA for FDCPA violations and they would have to pay YOU !

BTW - I lived in Clarksville for 2 years.. just moved OUT of that town this past March ... small world

[dequeendistress]

Just a note I wish I had known all that ladynred said last year...Cambece, NCO and name any other terrible harrasing collection agency called me, it was horrible. They called at work, after told not to, one yelled at my boss, I even had one tell me there were warrants for my arrest due to my debt and I said hmmm...call me back in ten minutes and had my boyfriend who is a police officer speak to him, explaining he checked and there are no warrants. He even asked my boyfriend to pay my debt...horrible! I kept records but every time I spoke to an attorney they seemed disinterested. I posted recently on a letter I received from a firm on behalf of gullitene collection agency on behalf of "undiscovered" anyway this was AFTER bankruptcy...so it never ends...I gave this letter to my disinterested attorney-I never win- anyway I have not heard a thing.

Please follow ladynred's advice, keep records and find an attorney willing to go thru hell with you!