Please help with CA / medical bill

[Why Chat]

Have you opted out??

http://whychat.5u.com/OPTOUTINST.HTML

Have you deleted old addresses ( if possible if you have moved since the dates of service)

 

Have you sent the initial dispute to ALL CRAs for ALL medical accounts?

http://whychat.5u.com/hipaadisp.html

If so, or even if you have NOT done so, send this "lawyer" the medical DV.

http://whychat.5u.com/ltrcavalhipaa.html

[joeynox]

ive opted out, and the debt is not on any credit report. this doesnt look like a letter from a "lawyer" even though the name of the "firm" is registered to a lawyer here in ny.

 

ill send the " lawyer" the dv tomorrow also that medical dv letter at the top says "Use this letter to notify the agency that the debt is beyond SOL"

should i say that the debt is past the 4 yr ucc?? nyc state SOL is 6 yrs and it should be up in late dec/jan you said the medical thing is 4 yrs ucc so what should i say? or just send the letter as you have it on the site?

Edited August 21, 2011 by joeynox

[Why Chat]

ive opted out, and the debt is not on any credit report. this doesnt look like a letter from a "lawyer" even though the name of the "firm" is registered to a lawyer here in ny.

 

ill send the " lawyer" the dv tomorrow also that medical dv letter at the top says "Use this letter to notify the agency that the debt is beyond SOL"

should i say that the debt is past the 4 yr ucc?? nyc state SOL is 6 yrs and it should be up in late dec/jan you said the medical thing is 4 yrs ucc so what should i say? or just send the letter as you have it on the site?

Just send the medical DV. The "SOL" issue is moot as you are denying any knowledge of the account. If you raise the "SOL" issue you are opening the door to their claim that you are refusing to pay.

 

There are some circumstances in which the legal "SOL" whatever it is is NOT a valid defense to a lawsuit.

NY ( and all other States) hospitals and other health care providers like ambulance services etc. are supported in part with tax $$. Courts have rules that "SOL" is not a valid defense as it may be considered the same as a "Governmental" debt, which has NO "legal" SOL.

[joeynox]

ok if i DV it with your letter and then if they validate it what do i do next? doesnt seem like i have any options but to start paying, so i dont get a judgement against me. if theres no SOL defense then all im doing is drawing it out for a 2-4 weeks and once those few weeks end im back at square one right?

[Why Chat]

ok if i DV it with your letter and then if they validate it what do i do next? doesnt seem like i have any options but to start paying, so i dont get a judgement against me. if theres no SOL defense then all im doing is drawing it out for a 2-4 weeks and once those few weeks end im back at square one right?

If it is not on your credit reports, and the original date of service is more than 4 years ago, then the medical DV AS WRITTEN is both a cease and desist and a warning that they have no standing to sue. The medical DV includes any and all possible defenses you need.

 

If you mean that you would be back at square one by sending a notice to the scum scam garbage CA that you are prepared to dispute them and that they must cease and desist, it seems to me that you are over reacting to a hollow threat.

[joeynox]

I sent put the dv to the attorney and I'm waiting for a response. I called the hospital today and asked to speak with the woman who was working with me regarding this. Because I wanted to ask her about something for my father and she remember Amy name and asked how everything went with the ca and I told he and unasked if this account was sold or assigned and she told me the account was charged off and assigned to a ca by the name NBI in 2006 but the current CA is POM recoveries and she said that it's possible POM bought this from NBI which would make them the owners of the account. So I asked then why would you say I could make payments of $125 and she said the hospital isn't going to turn away the money but there's nothing they can do for the account. The payment $$ would just come off the overall balance.

 

 

Does this change anything ?

[Why Chat]

I sent put the dv to the attorney and I'm waiting for a response. I called the hospital today and asked to speak with the woman who was working with me regarding this. Because I wanted to ask her about something for my father and she remember Amy name and asked how everything went with the ca and I told he and unasked if this account was sold or assigned and she told me the account was charged off and assigned to a ca by the name NBI in 2006 but the current CA is POM recoveries and she said that it's possible POM bought this from NBI which would make them the owners of the account. So I asked then why would you say I could make payments of $125 and she said the hospital isn't going to turn away the money but there's nothing they can do for the account. The payment $$ would just come off the overall balance.

 

 

Does this change anything ?

Change WHAT?? You do not owe the hospital for the account that is being reported. OF COURSE they would take your $$ but that will not remove the account from your reports.

[joeynox]

This debt IS NOT on my credit report. I meant change anything involving the dv process or anything you told me previously ?

[Why Chat]

Plz excuse the typos in that previous post, I was using my iPhone and the screen is cracked so sometimes it wot recognize keys and it auto corrects

OK, I have the same problem sometimes on my desktop PC with a full size keyboard.

 

No, there is nothing to change. You are sending a full cease and desist. You have nothing to pay to anyone, except if you wish to make a donation to one of the charities listed at the bottom of my website.

[joeynox]

i received the return receipt from my dv but theres no signature on it and the onlything written on it is of what i wrote? i hope this letter wasnt lost. this is why the postal service a a joke

 

should i send another certified dv out tomorrow ? my 30 days to dv it is up on friday the 16th next week?

 

<div><br></div><div>update</div><div><br></div><div> called usps and the woman said the only activity she shows is that i dropped it off at the post office.  WONDERFUL.!!!! im going to send out another letter tomorrow. i cant believe this </div>

Edited September 8, 2011 by joeynox

[breeze]

You can probably track it at the USPS website, and see if it was received.

[joeynox]

the only info on the usps site is that i dropped it off to the post office

[breeze]

Take your green card to the post office and ask for your money back - then send it again.

[joeynox]

i did that. i called usps and a rep gave told me to have the popst office call them and i will get my money back. the lady would not call and gave me attitude .i filed a complaint against her. i sent out a new one also

[breeze]

Good for you. I have had P.O. reps get attitudes too. I found that online complaints corrected the problems, and even brought me apologies. I don't know what is wrong with people sometimes.

[joeynox]

Here is the letter I received from the lawyer today as a followup to my DV

http://i1139.photobucket.com/albums/n544/JoeDiNap/IMG2.jpg

 

The letter states the lawyer is working for his client ( the OC) but the CA told Me they were referring my account to a laywer . Should I call the hospital and ask them if they work with the lawyer?

the lawyer sent me an itemized printout of the bill

 

What should I send back as a follow up?

[Why Chat]

Here is the letter I received from the lawyer today as a followup to my DV

http://i1139.photobucket.com/albums/n544/JoeDiNap/IMG2.jpg

 

The letter states the lawyer is working for his client ( the OC) but the CA told Me they were referring my account to a laywer . Should I call the hospital and ask them if they work with the lawyer?

the lawyer sent me an itemized printout of the bill

 

What should I send back as a follow up?

If you believe the account is correct, then you can pay it directly to the hospital with the HIPAA letter, insert "a".

http://www.whychat.5u.com/hipltr.html

I do not believe the "lawyer" has standing to sue, as although he MAY have been assigned the account, he would need a lot more than that to sue. However, he is correct, NY is one of the few States that has a 6 Year SOL for ALL accounts, ( except store accounts).

[joeynox]

I can't afford to pay $11700 in 1 check nor can I afford to pay $300/250 per month . This is what they want

[Why Chat]

I can't afford to pay $11700 in 1 check nor can I afford to pay $300/250 per month . This is what they want

Well, I suggest you leave it alone. If they actually tried to sue, you could get a lawyer to help you fight it.

 

When you were in the hospital, you had no insurance?? Did you apply for assistance?? Did you qualify??

 

If you qualified at the time, and still do, ( or if you are on Medicaid ) you can send the lawyer a brief letter stating that you qualified for assistance at the time, and still are eligible for assistance and that all his correspondence will be referred to the appropriate State and Federal agencies.

[joeynox]

The whole reason behind this bill was because I was told by the social worker at the hospital that they could get my surgery cover by Medicaid as long as they admitted me as an emergency. The garenteed me I would qualify. Otherwise I could have gone home and scheduled the surgery myself and only would have paid 3k now I have an 11,700 bill which I only four out in 2010 and this took place in 2005.

 

Apparently I didn't qualify for some reason.

[joeynox]

Now I'm back to square one again.

 

I'm pAying $2300 in monthly bills for me and my g/f, I have to givenmy parents money every week for food,bills because my father had a heart attack and the doctors deemed him unfit to work , and I'm taking care of my 14 year old nephew because his mother can't control him.

 

My girlfriend is very ill, and to pay $300/250 per month I'd have to cancel her health insurance which then would cost me around $500 month in medications so either way now I'm screwed.

[breeze]

I agree, leave it alone. Stop talking to them.

 

Do you have any real evidence of who owns the debt at this point?

[joeynox]

Not really.

 

According to the OC rep it was charged off and sent to NBI (CA) in 2006. Never heard from these people. Whn I was contacted in last month it was from POM Recoveries. I was told that a supervisor from the hospital sent my account to them because I couldn't afford $250 permonth. POM Recoveries wanted $300/250 permonth and I told them I couldn't do that. I called back the hospital and "thought" I worked out an agreement (was wrong) and. The CA sent it to an attorney and now the attorney is saying they are working for their client the OC???

 

I'm so lost. I'm worried about my paycheck & bankaccount

 

Someone I trust would open a bank account for me in her name and I could put my little bit of savings in there but I'm not sure if that's a smart move. Lost lost lost

 

What happened to this whole can't sue you 4yr every state UCC thing everyone has been preaching for weeks?

[Why Chat]

Not really.

 

According to the OC rep it was charged off and sent to NBI (CA) in 2006. Never heard from these people. Whn I was contacted in last month it was from POM Recoveries. I was told that a supervisor from the hospital sent my account to them because I couldn't afford $250 permonth. POM Recoveries wanted $300/250 permonth and I told them I couldn't do that. I called back the hospital and "thought" I worked out an agreement (was wrong) and. The CA sent it to an attorney and now the attorney is saying they are working for their client the OC???

 

I'm so lost. I'm worried about my paycheck & bankaccount

 

Someone I trust would open a bank account for me in her name and I could put my little bit of savings in there but I'm not sure if that's a smart move. Lost lost lost

 

What happened to this whole can't sue you 4yr every state UCC thing everyone has been preaching for weeks?

The SOL that is used under the UCC is 4 years.I believe it is covered under the 4 year SOL in NY, however I have not researched specific case law in NY, however, since it is a NY licensed lawyer ( presumably) who told you that it is 6 years, which is the SOL for contracts in writing, I don't feel like getting into a discussion on the subject. You can go to the NY page of my website and look for yourself.

http://www.whychat.5u.com/States/state-ny.html

 

It appears to me that by mentioning the SOL in his letter he is implying/threatening a lawsuit, which I do not believe he has the "standing" to pursue. I suggest you speak to a lawyer to get some legal help in this situation.

 

If your surgery was in 2005 and was earlier than Sept., you are also beyond the 6 year SOL.

Edited September 15, 2011 by Why Chat

[joeynox]

i wish it was in sept 2005 but it was dec 18th and the last date of activity on the account was dec 20th. ;(