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Confused SOL for 5 year old bill.
I've been making payments to a collector on a bill since
12/02. On 2/04 they added a medical bill from 1999 which isn't in
our agreement. They've never mentioned this bill before, a
bill I believe I've paid. Do I need to prove after 5 years
that I've paid this bill? That would be difficult. Is there
a time limit in which someone can bill you? The SOL seems to discuss oral/written agreements, I'm confused because this wasn't an agreement. I only learned of it when they increased my balance.
Also, I've already told them I'm not paying the bill. They said they won't even investigate it until I prove my payment. Should my next step be the dispute letter or the expired SOL letter?
Any help would be appreciated.
kaye
Top
SOL - Statute of Limitations is for the purpose should a creditor or collection agency try to take you to court. In no way does it stop them from continuing to collect the balance on their own. Only exception here I believe is California laws, but it may be a few other states just not up on this myself. It is the policy of the collection agencies in my understanding to be underhanded enough to take the money promised to one creditor and apply it to another which ever of the two is the older. That is pretty underhanded that they are forcing you to pay, because they would find a way of still keeping the money. I would suggest digging if you can to find the proof that you did pay this, and if possible take your dispute direct to the medical provider. If you are successful, then you can hold the medical provider responsible to retract this collection and insure that you money is being applied to the correct billing. NightStar Board Monitor/ Administrator Posts: 8443Joined: Fri Nov 07, 2003 7:35 pmLocation: Illinois Website Top
NightStar I do appreciate your help on this matter. When I said fire them, I was referring to a post I read on another site that said you could send them a letter telling them that you will only deal directly with the original creditor on the matter and to cease and desist contact with me. I was checking to see if you had maybe heard of that. I have filed complaints with the local BBB, the State Attorney General and the Federal Trade Commission because they have violated the FDCPA on other matters. Thanks again. Kaye For meto you are as rude as the CA. I can guess your occupation. I can only lodge complaints, I can't force them to abide my the rules. Kaye Top
I can't force them to abide by the rules. Kaye =============== Yes you can. [I can't force them to
SOL - Statute of Limitations is for the purpose should a creditor or collection agency try to take you to court. In no way does it stop them from continuing to collect the balance on their own. Only exception here I believe is California laws, but it may be a few other states just not up on this myself. It is the policy of the collection agencies in my understanding to be underhanded enough to take the money promised to one creditor and apply it to another which ever of the two is the older. That is pretty underhanded that they are forcing you to pay, because they would find a way of still keeping the money. I would suggest digging if you can to find the proof that you did pay this, and if possible take your dispute direct to the medical provider. If you are successful, then you can hold the medical provider responsible to retract this collection and insure that you money is being applied to the correct billing. NightStar Board Monitor/ Administrator Posts: 8443Joined: Fri Nov 07, 2003 7:35 pmLocation: Illinois Website Top
NightStar I do appreciate your help on this matter. When I said fire them, I was referring to a post I read on another site that said you could send them a letter telling them that you will only deal directly with the original creditor on the matter and to cease and desist contact with me. I was checking to see if you had maybe heard of that. I have filed complaints with the local BBB, the State Attorney General and the Federal Trade Commission because they have violated the FDCPA on other matters. Thanks again. Kaye For meto you are as rude as the CA. I can guess your occupation. I can only lodge complaints, I can't force them to abide my the rules. Kaye Top
I can't force them to abide by the rules. Kaye =============== Yes you can. [I can't force them to