Question about debt collectors (Long)

[Tiger Fan]

I still cannot believe what happend tonight. I have many medical bills due to my cancer and have worked out payment plans with my hospital, cancer center, and my doctors. Well, sometimes things get sent out and I've also got quite a few bills that are from "outside" providers. Just to give you an idea, my chemo bill is over $24,000 a month. Luckily insurance pays for the vast majority, but it's tough sometimes to come up with all the payments for each bill every month. Now on to the story.

About 7:30pm tonight a man that I do not know arrived on my doorstep. It turns out he is a neighbor from down the street. We live in a huge subdivison and this is just someone we wave at when we see him. He said that a lady named Renee had called his house and left her number that she's been trying to reach me and hasn't been able to and wanted him to give me a message. I thanked him very much and he left. I called the number and it's a collection agency for one of these outstanding bills. It seems that they cannot reach us because we have caller ID and do not accpet calls that are "out of area" or "unknown". I about flipped out that they did this. I checked the credit collection laws and there is specifically a paragraph stating that they cannot call at an unusual time or place. Now, I personally think that calling someone I don't even know qualifies as unusual. I asked to please make sure that all further correspondance to me be in writing and she snapped, "so I see, you don't plan to pay your bills." I was so flustered I just kept insisting that the reason for my call was to simply instruct her company to only contact me by mail. Is there anything else I can do about this and will it work that I've told them this? Sorry to air my dirty laundry, but this has really got me upset.
Lisa

 

[bsnyder]

That just stinks, Lisa! I'm so sorry!

When I first started working in banking (management training program) I had to do a rotation in the collections department and we did sometimes call neighbors, employers, etc., to try to get updated mailing and/or phone information. (BTW, I hated this rotation, absolutely hated it, and used to have to go in the bathroom and cry sometimes!!!) I'm assuming that those techniques were legal, but this was back in the late 80's/early 90's. I am not up on the latest consumer protection laws, so I don't know what is currently legal.

But I know the DIS is an amazing source for a lot of good information! I'm hoping someone here will have some ideas that will help the situation!

BIG HUGS to you, please hang in there!!!!

 

[Dan Murphy]

A BIG {hug} for you, Lisa, so sorry things are tough on you. My best wishes and prayer for you always.

As for your question, I would find out the mailing address of the agency and send them a certified letter of your request. Don't let them lurk in the shadows.

My best, Lisa,

Dan

 

[Planogirl]

At my last job, I sat close to a collections "final stage" area. There was one lady who had a rather loud voice that used to call all kinds of people and tell them every story you can imagine. Once I heard her telling someone that she needed a current address for a granchild because she was a friend and wanted to send a birthday card. Another time I heard her and a few others discussing what types of stories they could tell the front desk of a battered women's shelter so that they would be put through to a lady that was staying there.

My point is that some of the collection people are very shady (NOT ALL!) and to not be surprised at some of their shenanigans.

I found this link that might help a little: http://www.charlestonlaw.net/Consumer-Law-Lawyers-Attorneys-Charleston-South-Carolina.htm
Good luck with these people and {{{{Hugs}}}}.

 

[holycow]

(((((((((((((((((((((HUGS)))))))))))))))))))))))) to you...I know life is difficult enough without these bozos...


Good luck to you...
I am with Dan I think I would write the letter just to make sure they get the message.


Lisa

 

[worm761]

{{HUGS}} hun. i used to work in collections a while ago. there are alot of things that some of them do that are highly illegal. as a collector, you are not allowed to lie! you cannot say things that you are going to do if they are not true. (ie...saying they will take you to court if they really have no intentions to do so). you cannot discuss a persons bill with someone else and in some states (PA for example) with their spouse! there are a bunch of laws that must be followed.

anyway, in your situation you need to send it in writing. they can call you all they want as long as they dont have a letter from you asking them not too.

 

[crazyme5kids]

If I were you I would call and ask to speak to a manager. Do not say what it is about, just that it is regarding your account. Try to get through to someone higher up. Then explain what happened, and that under on circumstance are they to call anyone, no neighbor, no relative, no employer or you will take legal action. I think what they did is outrageous, they should not be contacting anyone but you. The people down the road should not be your message service.
You should be concentrating on yourself and not have the added stress of dealing with the harassment from some of these collection agencies. Is there a service or attorney that can take care of paying these bills? There must be some type of business that does this. Maybe someone here on the DIS might know.

 

[Miss Jasmine]

With everything else you are dealing with, this is a bother you don't need.

I had a problem with a collection agency because I broke a lease with an apartment complex and I believed we had come to terms about a final payment, etc. Imagine my surprise when I got a phone call (AT WORK!!!!!) from this collection agency saying I owed money to the apartment complex. It turns out they also contacted my mom. They tried to use their scare tactics over the phone and that's when I wrote an original letter and demanded that all communications will be done in writing. Once you make that demand they can't call you. Guess what they called again. I mailed a second letter (registered/return receipt) with all copy of my first letter and then who contacted me, etc. and I CCed the Federal Trade Commission. I never heard from them again (even in writing) and it NEVER showed up on my credit report. This was especially stressful because I was applying for a mortgage at the time.

 

[Mskanga]

Lisa, this is a link directly to the Federal Trade Commision, it may help.
http://www.ftc.gov/bcp/menu-credit.htm

I had a similar situation last week, I got a phone call, I picked up the phone and it said if you are XXXXXX ( name ) press 1, if you are not XXXXX press 2 ( one of those automated things ). I pressed 1 , then it goes om to say we have an important message for you , please call ( number ) . , so I called the number to find out is a collection agency trying to collect a debt from 1999 for a doctor that suposedly my husband saw in PA back then. I knew it wasn't right because his doctors at the time were all in NJ and he had not seen a PA doctor. It turned out it was a foot doctor that my DD had seen in a complete different town from the one the guy was telling me, about 40 miles away. On top of that , they claimed I owed them $40 , I told the guy the last visit we ever had with this doctor was $4 and I paid for it at the time. He insisted I was wrong and he was right , so I told him to get me a copy of the bill, he says ok. Guess what I got in the mail on monday? a copy of the collections agency bill, not a copy of the doctor's, of course it shows $40. So I took that copy to the doctor's office ( 2 minutes away from my house ) and I questioned them, they showed me a copy of my paid receipt records and when I showed them the bill from the collection agency , they said they didn't know what that was for because I didn't owe them any money. I only took my dd there twice when she had plantar warts and I paid my co-pay every time, the doctor is participating doctor with the insurance and BCBS paid the rest. The guy was very nasty , not to mention the same day I got the same stupid call with the automated machine four times, I finally called the fourth time and asked him how many times he wanted me to call for the same thing?
He hasn't called again, the funny thing is if I owed them that money since 1999, how comes I didn't get a bill?
The office manager called them from the office when I was there and told them they had information on my name that shouldn't be there because I don't owe them any money.
I loved it though, my co-pay at the time was $4 and they say I owe them $40 .
Good luck to you, take a look at the link , there may be something there that can help you. {{{{{{{{{hugs}}}}}}}}}}

 

[cindala]

I'm so sorry you have to deal with this! Is there anyone else that can help you manage all the bills so you can concentrate on getting better?

I agree with Dan that sending a certified letter to the agency is a good idea. Also try calling your state Consumer Affairs department. They may be able to tell you what is considered harrassment, and not allowed so you can protect yourself. Good luck!

 

[RUDisney]

As long as the collector doesn't say to your neighbor, "I'm trying to reach her about her past due debt," they can legally contact your neighbors to attempt to find you. Calling and talking to anyone at the agency, even a manager, is a futile effort. You need to put your request in writing. If you don't, they can still legally call you. Remember, they are not telemarketers, they are debt collectors. Once you put your request in writing to only be contacted by mail, they must abide by your request, our you can take legal recourse against them.

I'm sorry that this is happening to you. It's not like you bought a car with no intention of paying for it. When I was a collector, about 18 years ago, I used my position to try to help people who fell on hard times. There are plenty of things that a bank, or a collector can help you to accomplish to bring your account up-to-date, if they so choose to do it. I was able to be nice to people and to help them out most of the time. I was one of the best collectors in my department, with the lowest carry-overs from month to month. I'm still in banking, and our collectors would prefer to take your vehicle or house than to help you out. I think this is just plain wrong, and I've voiced my opinion about it, since I have the experience to back up my claims. Evidently, these hard-nose tactics work, too, but I still don't agree with them.

I certainly hope you are on the uphill curve of your illness and are feeling much better.

 

[peg2001]

You should be concentrating on getting better, not doing battle with bill collectors. I am so sorry.

My understanding of the law is that once you tell them not to call you anymore, they can call you one more time to tell you what their next steps will be. I agree that you need to put everything in writing and be sure to start logging any calls or communications you have with them (date, time, who you spoke with, what was said, etc.)

You might also consider visiting a non-profit consumer credit counselor for advice on handling all your outstanding bills.

Good luck.
Peggy

 

[RUDisney]

Originally posted by peg2001
You should be concentrating on getting better, not doing battle with bill collectors.

You might also consider visiting a non-profit consumer credit counselor for advice on handling all your outstanding bills.

This is the best advice. I had to rebalance a credit counseling transaction a few days ago to look for a problem in it. Many of the checks that you can write to them when they've negotiated your debts for you were for $5 and $10. This is far more managable than having to come up with thousands all at once to pay off the debts.

 

[Miss Jasmine]

Just remember that if you go to a credit counseling service it will show up on your credit report.

 

[RUDisney]

Even though it will show up on your credit report, if you are able to keep paying your other bills, and make a note that it was for medical bills, most creditors won't hold that against you.

Edited to add: well, maybe the big banks would because they look just at the credit scores and not at the individual as a whole. Smaller banks will take this into consideration when you need a new car, or furnace, etc.

 

[Kitty 34]

Sorry you're having such hassles, Lisa. {{{{{HUGS}}}}

 

[piphay]

The law states that the agency "may" take verbal request for no calls but they are not required until they receive it in writing.

 

[AllyandJack]

I am an attorney that does collections. We get the case after the collection agency gets it. We've never had to call neighbors to get addresses for people. We have computer programs that find people, their assets, their phone numbers. I'm sure the collection agency has access to the same programs, so I think calling the neighbor was an intimidation tactic.

My mother had a run-in with a collection agency. The people were so rude to her. She had actually paid the credit card company in full, but the account was already transferred to the agency. So, the cashed check was in "limbo" and they made it her responsibility to find out who cashed it. They kept threatening to send it to an attorney. I told her to let them send it to an attorney and try to reason with them. She had her canceled check, but because the agency didn't have the money and the credit card company did, they said she still owed them!

We never treat debtors like that. We're always willing to listen to what they say, work out an arrangement and try to resolve it with as little trouble as possible. Of course, we also attach homes and bank accounts, if necessary. It's a tough business to be in, but we realize that there are people who 1. don't really owe the debt and 2. have fallen on hard times and want to try to pay the debt. Not everyone is a loser trying to run a scam. Some are, of course! There is no need to treat everyone the same. We always start off attempting to resolve the matter. If that doesn't work, we initiate litigation. We've had people arrested. There are people out there who just run up debt and don't want to pay it. But, you can't start out assuming the person you're dealing with is like that. It's not an effective way to get a resolution. We'll have debtors pop in the day before a hearing and hand us a check. We take the case off the list immediately. If they don't pay the next month, we notify them. The month after that, it's back on the list to appear in court. They show up the day before with a check and we take it off the list. We're not out to ruin people's lives like some of the agencies.

I hope everything works out for you and I hope that, despite the actions of these morons, that you get well soon. But, remember, having it sent to an attorney is not the end of the world. I always thought it was a bit strange that we could manage a settlement, but the agency couldn't. I think it's the tactics the agencies use. They're not as effective as trying to help them help themselves out of the debt - as RUDisney can attest to. Try not to worry and take it one step at a time.

 

[Tiger Fan]

I appreciate everyone's advice and support. This is very frustrating and it comes in the midst of a difficult time as well. I have had very good luck with my local hospital and cancer center. The biggest problem with me is that I was able to qualify for Medicare even though I'm only 34 due to being disabled, however I cannot get any supplemental insurance because I'm under 65. In our state (SC) it's only the law to insure those over 65 with Medicare and not there's nothing to guarantee supplemental to those under. In March I had to begin receiving my treatments at the county hospital instead of the plush nice cancer center where I'd been for 3 years. It seems that Medicare didn't allow enough so they wouldn't accept it anymore. Insurance and medical bills have been a huge issue for us. Originally I had insurance through a company that offers insurance to self-employed persons (I was a realtor) and it was a basic hospital only. Well, cancer is not treated in the hospital anymore (in most cases) so the policy was antiquated and written so as to not cover 90% of the things I needed originally. I get upset when I see all these bills coming in and then I take a trip to Disney or even go up to my parents lake house. I think I should be putting all this money to bills and feel quilty. The truth is that the medical bills I have are SO extreme that even if I sold everything I have and my parents too and paid cash for my treatment that it would only buy me 6months to a year at best. $24,000/month adds up pretty quickly and that's just for chemo treatments. I am making payments based on a payment plan with the places that would work with me. There are a few outside providers that have been more difficult to work with. Their total bills are much lower, but I still can't pay them in full like they have asked. Sorry to unload again on all you kind DISers, but I've just needed a place to vent lately. Thanks again.
Lisa

 

[AllyandJack]

I don't think you should ever feel guilty about taking vacations or trips to spend time with family and enjoy life. We're only here for a short time. I have loads of student loan debt and I always think "Geez...if I didn't go to Disney this December, I could pay down that debt." Then I realize: when it's my time and I'm reflecting on my life, am I going to think "Yep...I'm sure happy I spent that $3,000.00 on the debt and didn't go on that trip."? No way! I'm going to think "Boy, I had a wonderful time on that trip with my husband and my parents."

Don't feel guilty. You're being responsible, you're doing your best and that's all anyone can ask from you.