Could somebody, that knows different laws re: billing issues with a hospial please answer!?

Question

Thank you, first of all for your time. Here is my situation. I had a bill to different bills from the hospital and they ended up sending me to collections (I had a payment arrangement) because I couldn't pay 3 months when I was on maternity leave...I spoke with somebody from their billing depart. named Christine on 6-10-2007 at 320..I always write things down, and explained that I was going on maternity leave without pay in July, and if it was ok if I started making payments after my 12 weeks....I had to take 12, because I fractured my pelvic bone while pregnant. She said that was OK....and then got a letter a few months later stating that I was in collections, from the hospital. I then called and stated that I spoke with Christine...and they immediately cut me off and said they have no record of that...after giving the time/date/name of the person I spoke with. Anyways heres where the dilemma comes. For both deliveries I owed 596.80. The collections department is trying to collect that amount, even though I already paid 195.25. I have all the proof, my checks and the bills, and he told me I have to pay the 596, still because that is the amount the hospital had sent to them, and he won't even take copies of my checks and bills. Isn't it illegal to double dip? I already paid a portion of my responsibility, they can't recharge me again? What would this be called if they did it, and can they force me to pay the full amount after being paid?

Answer 1

Oh my, you have made a lot of mistakes and you keep making them!  So pay attention.

1) Never EVER believe a collection agent.

2) Unless it is in writing it means nothing.  

3) NEVER make any type of payment until you have a letter stating the terms, amount owed, and payments.

At leasg you have kept good records.

So here is what you do.  Start by sending the credit bureau a letter stating the debt they are listing is NOT YOURS.  Yes, it's most likely on your credit report and you need to fight it.  DO NOT admit it's your debt, or that the amount is not correct.  The fact is you had payment arrangements, the debt is NOT delinquent and it should not even be on your report.

Next, send a certified letter, return receipt to the collection agency demanding that they properly validate this debt.  DO NOT send them copies of your canceled checks....why give them a lead to your bank account so they can garnish it?  Just inform them of the exact date and amount of those payments, and tell them you can prove these payments were made.  

The reason you are not getting anywhere with these people is because you are a debtor.  Debtors ALWAYS lie!  They have a statement from the hospital..the creditor.  Creditors ALWAYS tell the truth, and their records are ALWAYS correct.  So you owe it...pay up.  

I have dealt with lots of collection agencies, you learn to read between the lines.  What they are not telling you is they don't really have a clue what you owe, and they don't have any records.  

This will be interesting when (if) they sue you, and then can't produce a single piece of evidence to support the debt, other then some spreadsheet statement from the hospital.  Once you show the canceled checks, their evidence is totally destroyed and their case goes right down the toilet.  

Just point this out to the collection agency, then make these demands:

1) In exchange for paying what you truly owe the must delete any negative information from your credit reports.

2) They must agree that this settlement constitutes payment in full, with no further obligations to pay.

3) That no collection fees, interest or late fees will be added since you have fulfilled your previous payment plan and were never delinquent.

DO NOT pay them a dime until you get this agreement.  If they continue to play hardball, file a lawsuit of your own against them for willful noncompliance of the FDCA laws, for posting inaccurate information on your credit reports.

Answer 2

If it has been less than thirty days,(you have that long to dispute) write a certified letter to the credit agency disputing the amount. Include photocopies of the receipts, etc to the hospital. They will have to prove your debt.

Call the hospital customer service department and request a detailed bill, including payments made by you and the insurance companies. Speak to a manager in the billing department, if you can and explain the situation. Force them to research the information, they can change the amount that they have sent to the collection agency. Ask your question at www.fico.com in there forum. There are some serious professionals there that will be able to help you, and explain the laws concerning collections.