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Personal Finances / Credit Cards and Consumer Debt
|Subject: Re: I have a collection!!!||Date: 10/7/2003 1:13 PM|
|Author: Aranknitter||Number: 171180 of 310999|
My, but it's getting very LBYM in here!
LOL, bad board that one, for the unwary!
No, it's just simply that joel won't even get correct legal advice - meaning he's jumping in with both feet and knowing nothing about the law. Most people won't want to see him come a cropper. I don't. I think he makes good posts and seems a nice guy. But I also think he's being bullheaded about not seeing a lawyer, to his own detriment.
I may have misunderstood, but it didn't sound like a cut-and-dried "she was an authorized user" issue. If I understand correctly, the doctor's office Joel's ex visited submitted the insurance claim to a company with whom he no longer had a relationship (i.e., they screwed up the paperwork). They never submitted the claim to his current insurance company. In effect, they never attempted to get the money from him or from any entity with whom he had a contract. And now they've sent the payment to collections.
If it is a case of the correct insurance being submitted, and the company sent it to the wrong ins co, then fair enough the company is wrong. However, if they sent it to the right ins co, they are not. And if Joel's wife gave them the wrong information, causing them to send it to the wrong ins co, then again they are not. They would have taken the info in good faith and submitted it in good faith.
The equivalent to that, I would think, would be a company trying to charge a credit card that had expired, and never pursuing the issue once it was denied.
Actually, no. The onus in this case is on the CC holder to notify the company that the card has expired and to give them the new card number. If the CC holder does not pay them (by telling them where to get their money) and they still take the service, then the company is within their rights to report it to the CRAs. Why should the onus be on the company to chase up expired cards for potentially thousands of users? My gas company would report me to the CRA if I tried to pay my gas bill with a check drawn on a closed bank account. Same principle.
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