**UPDATE** Possible FDCPA violation?

[Anonymous]

I got a phone call today from Medical Data Systems, who I have some accounts with that I am making payments on.  The lady asked me for what day I would like to postdate a payment, and said that she would like me to do so since "as a courtesy to" me they are not "garnishing" my "wages or taking legal action or anything like that."  When I questioned her as to why she was calling me since the last payment I made was less than 2 weeks ago, she stated that she likes to get all her calls made at the beginning of the month so she can schedule the payments.  I guess I sounded skeptical because at that point she said to just call when I'm ready to make a payment.  I sort of wish I had recorded the conversation, and I am temtped to start doing so as a rule when collectors call!  I have her name and extension, though, but the statement about garnishment and legal action just seemed a little close to the edge, although I could be mistaken.  It was extremely insulting, the way she talked to me, but I'm just wondering if I should report that, or would she have to outright say "If you don't schedule a payment with me right now, I'll start legal proceedings?"  Thanks.

Jennifer

Message Edited by djactenaz on 08-07-2007 03:03 PM

[Anonymous]

She can't garnish your wages without having a judgment at least to my knowledge & experience.

Secondly, I'd send them a letter and tell them to stop calling you, everything they need to do can be done in writing.  You are sticking to your payments, I wouldn't trust her as far as you could choke her  so don't fall for that; and if you happen to decide to call her back, tell her to put it in writing, thank you and have a good day.

Do you have your payment arrangements in writing?

[Anonymous]

No, nothing is in writing.  I have several small accounts with them for $50, $35, and $25, and one large one for $405.  I've been paying the small ones off before I tackle the large one, and I just told her from the beginning that I'd call when I could and make a payment, at least monthly, and I'd try to pay more if possible.  So far, I've mad 2 payments in the last 3 weeks, and see absolutely no reason for her to call me at this point.  Maybe I should send a letter stating my intent as far as payments go?  Or just wait for them to contact me?  But should I make a complaint against that?  Or just let it go?  I don't know that she actually said anything that justifies a complaint, I don't know if she worded it carefully enough that it wouldn't be against the law...

Jennifer

[Anonymous]

I think they just see your making payments as an opportunity to squeeze you a little more if they can. Yeah - tell her not to call. Period.

Message Edited by TexMontana on 08-07-2007 02:16 PM

[Anonymous]

It looks as though this is a CA. As such they must follow all laws state & federal.

Call your AGs & ask to talk to someone that handles consumer medical collection & also ask about state SOL on medical. They may or may not be the same as just plain SOL.

You also need to know what your state law is as to recording.

Federal law state  legal as long as 1 party gives an OK..you would be that party.

You might only need to say... I am recording.

BUT check your state law this is very importing!!! Some states  you must get an ok from who you are talking to.

this is all just my opinion... I would never talk to them I always do everything by CMRRR, that way they can not say 1 thing & then change their mind.

You might also have another chance to get them in violation.

ALSO it is against federal law for anyone to say I will garnishe or sue UNLESS they intend to follow through.

It might also be against state law.  IT comes under harassment & threats

Message Edited by HappyDays on 08-07-2007 02:31 PM

[Anonymous]

I called back, to tell her not to call anymore.  She said I have no choice in the matter, and if payment is not made by Aug 25th, she WILL call me back.  She said I can't tell her not to call, and they don't send out statements, only phone calls, and then hung up on me.  So I called back and requested someone else, who put me on a payment plan, said I won't receive any more phone calls but if I don't make payments each month by the 20th, my account will be passed on to their legal department.  I am just wondering how all of this is legal!  It is a CA, but does the fact that they are a medical CA put them above the law?! 

Jennifer

[Anonymous]

Everytime they make a crappy comment, just remind yourself that chihuahuas bark the most. They get off on idle threats, humiliation and plain old rudeness. Believe me, they wouldn't last a minute as a collector if they didn't enjoy p*ssing in people's Cheerios. C'mon....legal department for the amounts you listed? Sheesh!

[Anonymous]

What state are you in??

Every payment made,  make sure that you put acc# on it...IF 1 check is used for all 4 put all 4 account #s on the check...they must apply to each one. They can not just pick which they want payment to go to.

I would send a DV to them CMRRR & if they are out of town or in another state I would spend the money & mail overnight RRR

In the DV, state that ALL communications must be in writting.

 they  may not call or mail anything to you AFTER date of receipt until they validate...  If they do they are in violation.

keep records of all calls   date time and everything that you can remember about the call. If you have caller ID take a pic of their call.

Im guessing here....I think that you only need to make 1 pmt. once a month. I would send 1 check with all 4 account # on it. In doing so they can not say that you are not making payments on any of them.

You really need to call your AGs office!!!!!!!!! 

Message Edited by HappyDays on 08-07-2007 04:37 PM

[Anonymous]

I agree - and stop calling them, it only gets your own blood pressure up  Just do everything in writing and you pay what you can pay.  The next payment you send, include a letter stating DO NOT CALL ME, and list your address as the point of contact.

Medical are terrible.  I had lost a son and wasn't working when the lady called me from a CA for the $400 bill from hospital, she told me I had no business generating bills when I couldn't pay, my ex hubby gave them an ear full but they were RUDE

Years later, I'm much smarter and thanks to this site I have learned many new ways to fight back - you have to bring the AG in on it too, because the more people report these CAs the better off you and others will be