Consumer Protection Law
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Suffolk County, New York. No I never received the records. I refuse to pay and they wouldn't release the records without payment I did with out the medical records and started over with a new caregiver who would provide total care. The $25.00 that they were turned me over to collection was for an appoint that I cancelled first by telling the doctor that I would not be continuing with him and secondly with his office staff proir to the actual appointment, but not according to them with 24 hours notice although I attempted to do so on the previous Friday when the office was closed but the answering device they were using was not accepting messages.
I will of course release payment but I would appreciate some clarification of you comments:
1. First, my strategy in sueing the doctor was to take him to small claims court and sue for $5,000.00 the maximun. If he ignores the suit he defaults , if he defends the suit it will cost him a day out of his practice easily and probably not worth it to the doctor it would be I hope enough presssure to get him to close the matter with the collection agency. But I would like to know what the details od statute of limitations you refer to if you don't mind. If I dispute it with the collection agency and they go back to the doctor and he reaffirms the matter is that not another act? The worst cast scenerio that I see to suiing the doctor is I am out the $17.50 filing fee and if he counter sues for $25.00 I think the Judge or arbiter will more than like side with me. You thoughts to this?
2. Dispute the charge with the credit bureaus again. Tell them that you left a message cancelling and that the charge is not authorized. Also tell them that the collection fee of $50 was never authorized.
3. Dispute this with the collection agency. Explain that you left a message cancelling and that there is no basis in law for the collection fee. Explain that this is a violation of the FDCPA (Fair Debt Collection Practices Act) and you will pursue this if they don't remove it.
4. Sit tight and see what happens. At this point, it will only be on your credit report for 2 more years. So you probably shouldn't lose too much sleep over it. It will go away soon.
What presure can I put on the Credit Agencies. They want to keep this on the file for 10 years. Even after that this crap is suppose to role off it available to the major bank subsribers privately I have found.Good luck.
You are the best value in law advice ( my brother included)
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