unauthorized checkcashing

[Kuscheltier]

What is the name of your state? TN
I applied for TennCare(State Healthinsurance) a few weeks ago, due to the closing of my company and loosing medical benefits, which are essential since i have to take monthly maintenance prescription drugs and also need bloodlevels drawn. i was asked by Tenncare to provide medical records, proof of unemployment and a nonrefundable 25$ check for Application Fee. I had to collect records from one Physicians office and carry papers and check to other Physicians office, which uses a company to send their records of to the requested destination. I instructed the staff that everything has to go together including the check made out to Tenncare. I was informed that the record company bills Tenncare directly for their services. A couple of days ago, i had my records returned to me from Tenncare stating that i did not include the 25$. I pulled the cashed checks document image and coming to find out, the record company has used the check for their own purpose even though it was not made out to them. This put me in a bad spot since my deadline is 07-11-03. I have appeal trying to get the deadline extended and my loose my chance to be accepted. Since the check was not made out to them, is it not illegal to cash it for their own purpose?????????

 

[hexeliebe]

Go to the following url:

http://www.thcc2.org/tenncare/tcconsphone.html

It has all the phone numbers you will need to get immediate answers. Make sure you have all your documents handy because there will be a lot of questions you must answer.

 

[Kuscheltier]

I have already contacted Tenncare per phone and faxed them the copies of the documents. I also send them the hardcopies per priorty mail.

 

[hexeliebe]

AND? what did they say?

 

[Kuscheltier]

It was done today, and so far I have not had a response yet.

 

[hexeliebe]

O.K. let's try this again. Did you speak with the office that cashed the check? If so, what did they say?

 

[Kuscheltier]

yes, i have spoken with the document company several times, first 2 times i was routed to a voicemail. Third time, i was able to speak with the representative responsible for the Knoxville area.
She promised she will look into it and i have not heard from her since. I have tried to contact her again today, left a message and still no response.

 

[hexeliebe]

You need to wait until TennCare contacts you. File for the extension and put all the copies you have in the application.

In the meantime, call a few attorneys and ask their opinion about filing for extensions with TennCare. Even an initial consulation will only cost at maximum $50.

This is a mess and you need to make sure that you stay on the situation calling the document company every day if need be to get them to act.

As for TennCare, followup with them on Monday if you have heard nothing back.

 

[Kuscheltier]

I fully agree, you stating that this is a mess. It is bad enough having to deal with Tenncare in the first place. It took me a lot of steps just to get to this point. I am detemined not to let the record company slide. I will aggrevate the crap out of them and threaten with legal action if i have to. I am still convinced that cashing that check was illegal. I know the amount of the check was not that much, but that is not the point. It is the principle and also the possibility of the loss of my benefits due to their ignorance.

 

[Spilleta]

Geeze, I finally get to add something here to a post!! Wohoo! I'm not a lawyer, but I am an Asst. V.P. of a bank.
First thing you need to do is go to your bank and file an affidavit of forgery. Yes, since it wasn't made out to the file company, it is forgery. Your bank will then go to the other bank that cashed the check to handle the problem. See, most people don't understand that when a bank makes a mistake, it's the BANKS responsibility to fix it. This is what bugs me about banking. People feel they must make the correction and bust their butts to fix it.
Very simply, make your bank aware of the problem. They will then give you a provisional credit in your account. With that provisional credit, write another check out to the healthcare company. If nothing gets resolved, very nicely mention that you need to get this resolved since your healthcare benefits are at stake here, and you need to get the banking commision involved to get it resolved. Once a bank hears the banking commission, they usually get a small fire lit since the commission doesn't just investigate and get out. They like to be very thorough, usually to the point of annoyance. So to sum it up, go to your bank, tell them there was a mistake, ask for a provisional credit, and if nothing gets done, you'll call the FBC.