Is this letter appropriate?

Our insurance company is slow at paying claims and this time it was my fault because I didn't see a form I needed to fill out for a couple of weeks, at which time I sent it in immediately. Anyway, this ambulance company sends letters every two weeks complete with a return envelope and it is for $1,300 for a ride about 5 miles in length. That is a chunk of change to come up with if we don't have to, I suspect we will have to pay a large part of it though. Anyway, I don't know if I'm being unreasonable or not. Please give me advice if you have a minute.


11/5/2005


To Whom It May Concern,

I have explained to you once before that you will be getting your money, unfortunately we had to fill out additional forms for the insurance company and it is taking more time. As you know from the last time you hounded us for payment, we will pay the balance after the insurance company decides on what they will pay. So, refer this account to your most likely very busy collection agency, but you will get your money if you make a fuss or not.

Because of your persistence I hesitate to pay any part of the balance because I'm am not certain we would get any over-payment back to us. Since our insurance agency can be slow in paying, I have done that in the past but will not do so this time.

Also, the last time your collection agency called us, they DEMANDED to talk to our daughter, Emily. Since she was not stable at the time we told them they will talk to my husband or we will hang up. Rest assured that those who work for you at the collection agency are extremely rude, persistent and threatening so you are getting your moneys worth.

However, this time please have them called Emily's dad, Greg ____, who will be paying for the balance of what is due to you. Emily is doing well, but is not the strongest as of yet. If you insist on calling her and she attempts suicide again, I will hold you responsible as you now know the situation and know who to call to badger. Greg's phone number is _________.

So, whatever you decide to do, you will get your money as soon as we hear from the insurance agency. We never dreamed we would be in a bad situation such as we are in with our daughter. It is scary and frustrating. Since it is a mental illness we are dealing with, the insurance company finds it easy in this type of situation to withhold payment, pay at a lesser than promised percentage and make us jump through adequate hoops. Unless you are wealthy or have excellent insurance coverage you might find yourself in a similar situation. There was a time we we never dreamed that we would be in this type of situation.

As you know we do pay our bills, you will get your money. Have the collection agency call Greg at ________.

Sincerely,

Greg ______

cc: Attorney General Mike Hatch, since it was your suggestion we do so.

I'd send it in a heartbeat

I sometimes doubt myself.

As I understand it (and this could be very old information), when an account is turned over for collection, the company doing the turning over automatically gets only one-half the amount of the bill, less whatever expenses they have to pay the collection company. Several years ago I was turned over to collection for a bill that I had not realized had not been paid by insurance. I bypassed the collection agency (after a nasty call from them) and sent the full amount to the company I owed it to advising them to settle up with the collection agency. Never heard any more so guess they figured it out between them. So--don't know if it would be worth mentioning the decreased payment the ambulance company will receive if they turn you over for collection, but might slow 'em down a bit.

You have my best wishes that this unfortunate situation will be resolved and my hope that your daughter will be well and strong, as will you.

Blessings!

Sounds like they've already violated the federal Fair Debt Collection Practices Act, to wit, harassment and speaking to anyone but the debtor about the debt. If the debtor is a minor, you can talk to them if you're a parent or guardian.

Or, under said FDCPA, you can simply demand in writing to stop calling. Sounds like it's time to do that.

See 15 USC 1692c(a)-(f), here's a link:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#808


Consult a local attorney. I'm only licensed in California.

In general, your letter is far too long, defensive and argumentative.

Keep it simple, recap the issue, state your rights, and propose a solution.

1. You acknowledge you incurred the debt (if the $$$ is incorrect, or you dispute the amount, note this instead).
2. The insurance company is still processing the claim. You anticipate resolution within _____ days.
3. You take issue with certain collection tactics (briefly list).
4. You request that they comply with state law re collection activity.

If you are going to pay this bill, but don't have a lump sum, what you also want to do is include a set amount, say $200, and state the terms under which you're repaying this as something like "$200 per month provided that the insurance company refuses to pay on the pending claim. By accepting the enclosed payment you agree to accept these terms of repayment."

Hope this helps ya a bit.

I most generally make my business letters short, concise and very clear what I expect or will do, and that is why this one bothered me. I have shortened it by almost half, but left the anger and frustration in there. Emily was hospitalized at a different hospital before she was hospitalized this time, and the same day we got a first bill from that hospital we already were getting collection agency calls from this place.

They are being watched by our Attorney General for this type of behavior and that is why at the bottom of the letter they say to contact him with any concerns. So I did. I think that is the main reason I wrote this letter, except that I did not want them to call Emily. She feels bad enough about the amount of money.

We have the money to pay this, but it is still a dear amount and I guess I don't want to give in just yet. I will feel angry and am trying to take my anger out on those who are responsible for it. Anyway, thanks for listening to my little problem. I believe I have a "pet peeve". *LOL* anyway, thanks. And by the way, I'm normally a very reasonable nice person!