Savani Properties, LTD.

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this proposed action would not resolve my complaint For your reference, details of the offer I reviewed appear below.As the good folks at Nemo's know or should know, considering that they are allegedly a licensed debt collector in the state of AZ, the statute of limmitations on debt in AZ is between and years depending on the type of debtAlso as I am sure that they know but are choosing to ignore, once the statute of limitations has expired it is unlawful to actively attempt to collecct the debtIt has been shown in federal court, that reporting to the credit bureaus constitutes actively collecting debt(Credit reporting constitutes an attempt to collect a debtSee, e.g., Rivera vBank One, F.R.D614, (D.P.R1993)(a creditor's report of a debt to a consumer reporting agency is a "powerful tool, designed, in part, to wrench compliance with payment terms.");I will copy and paste a link to the entirety of this case below.https://www.paed.uscourts.gov/documents/opinions/03D0468P.pdfAlso, as I am sure that Nemo's is aware, the law that is most favorable to me is the one that will be looked upon in court Considering that this account is from AZ, the AZ law is the one that will be used in courtAs Nemo's stated above, the debt can no longer be reported to the credit bureaus once it has passed the statute of limitationsThis account is well beyond the statute of limitations as set forth by the state of AZBy all counts, this account should be deleted from my credit reportsI am not saying that this debt magically goes away, but by law, it should be removed from my credit reportsAs I stated earlier, I do not want to have to file a suit as it would be very expensive for me initially but more expensive for Nemo's in the end as they would be paying my attorney fees, traveling expenses to and from AZ, time missed from work at $hourly plus whatever damaged the judge or jury sees fitIt is in both Nemo's and my best interest that we resolve this without going to court.Thank you [Provide details of why you are not satisfied with this resolution.] Regards, [redacted] ***

This case was closed and deleted 10/16/15, I've also answered *** dispute investigation on 10/20/where i've also reinterated deletionIt takes up to days to update which we have no control over

Our intial letter that we sent informing Mr*** of his debt returned as moved left no address. This address was given by Mr*** at the time of service. The phone number, also given at the time of service, a female answered and said it was a wrong number. ALL contact
information supplied was invalidWhen insurance pays or denies they send to their insured an explanation of benefitsIn this explanation, a “patient responsibility” amount is reported to the insured In the event a bill wasn’t received, the insured can always call the provider and pay their amount due. A bill is not required to do this.Having said that, our company tries their best to contact the consumer We will try to locate a new address or phone number to make them aware of the bill The last resort is to report to the credit bureau.Our phone number and address is supplied by the credit bureau as well so that a consumer has the means to contact us if there are any questions or concerns. Mr*** has not called this office prior to making a formal complaint with your officeShould there be any further questions Mr*** can call our office and we’d be happy to help him Tell us why here

This account was placed for collections on 6/1/due to non payment of the debt Insurance was billed, paid then recouped accordingly to the patient's policy When the patient came to the facility, they only provided *** information *** information was provided a while
after the services were provided *** was billed, they denied for timely filing My client appealed in June of 'and a response has not been provided Insurance has to be provided to my client in a timely manner Most insurances have a "timely filing" deadline in which they will pay a claim If the insurance information isn't provided, the debt is the patient's responsibilityThe insured also has the right to bill their insurance if they feel they have not been given their policy coverages Providers are not privy to the spectrum of coverage on an individuals policyProviders will file insurances as a courtesy, but they can't make the patient's insurance payPolicy coverages are between the insured and their insurance Providers may and will appeal on behalf of the patients, but that doesn't guarantee the outcome will be any different We have empathy for the situation and will help in any manner we can If the bill isn't paid and the debtor isn't willing to pay it, the account does get reported to the credit bureau. It is and always has been company policy to comply with the FDCPA and FCRA

As I stated earlier, IF *** information would have been given in a timely manner, then it wouldn't have denied due to timely filing (page 3) If you had given your *** information at the time of service or very shortly thereafter, this never would have denied for timely filing and this case would be paid and closed If I may suggest, you might want to find out what ***'s timely filing threshold is We are not medical providers so I'm not sure how much time is provided to file They vary I'm sure Being familiar with your policy is the patient's responsibility Everyone's policy is different, that's why you should make sure to know all the nuances to get the most out of it. You have not called this office to discuss this matter, I could have explained this to you I know my client has already explained it, but maybe there is further questions that you need answered? If so, please contact me directly and I can answer any further questions that you may have

9/10/2015 Respond to Complaint Revdex.com Serving Central, Northern and Western Arizona [redacted] 
[redacted] 
[redacted] 
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[redacted] 
[redacted] 9/10/2015 I almost couldn't find this file due to we have it under [redacted] not Cameron. I was able to locate it by the phone number that was provided. Thank you. Facts: Ms. [redacted] was working so she had primary ins through BCBS. They were billed accordingly. They subsequently applied it to her deductible. Ms. [redacted] had AHCCCS through the state as a supplementary insurance. AHCCCS has rules that providers have to abide by, one of these rules are that they DO NOT pay primary insurance deductibles. If it were for anything but deductible, they would have paid. The patient has to pay her deductibles. Our client had explained this to Ms. [redacted] several times. This is our position. Our first contact with Ms. [redacted] was on 12/4/2012. At which time she was calling her insurance to find out why she owes this bill. Providers can only bill the insurance, they can't make them pay the bill. The next contact was on 10/9/2013 where again she told the collector that she was aware this is on her credit and will contact her insurance to find out why she owed so much. That same day she called back and informed us that her insurance told her that they were never billed. Two weeks later Ms. [redacted] called and told the collector that her insurance co is going to call our client because they said if they resubmitted the bill they would look at it. We can't bill insurance companies because we are not medical providers. Our clients bill insurance information that the patient provides at the time of service. If the insurance denies, applies to deductibles, under pays or ignores the bill, as stated they can't make the insurance company pay, the only one that can do that is the insured themselves. Our client can only go after the party that received the services. Finally the next contact with Ms. [redacted] was in April of this year. She stated she had Medicaid and was calling them to get this straightened out. We understand that she wants this bill dropped and billed through her insurance "properly". Has she explained to her insurance (I'm assuming this is AHCCCS she wants rebilled) that this bill is her deductible? Our client can't continue to bill something that will not be paid according to state regulations. It's understood that she wanted a bill. This being a medical bill and due to privacy issues, we have requested our client send a bill to Ms. Bartlett. We have confirmed the address on file is a current address so I'm uncertain if there might be an issue with Ms. [redacted] mail because this had been sent out beginning of August as per her latest request. Unfortunately we do not have control of her mail. [redacted] 9/10/2015 Respond to Complaint We always provide alternate ways of paying, whether it be by payments or settlements —which gives discounts if they are willing to pay it off in full. All avenues have been refused by Ms. [redacted] and as of today this balance is still outstanding. It is and always has been company policy to comply with the FDCPA and FCRA. I can personally guarantee nothing had been said nor done to defraud this company or our client's reputation. If I can be of any further assistance, feel free to contact me at your earliest convenience. [redacted] Office Manager

All pertinent insurance information was provided to the healthcare professional at the appropriate time. The healthcare professional has even billed the insurance provider in previous instances. This collection will not be paid, as well as on a monthly basis be disputed via credit reports.

Documentation which I've also included in my response is attached.  This information, as requested, was sent on 9/21/2015 to the address Mr. [redacted] gave in his request. Both of them show the dates of 9/21/15 which indicates when they were printed and sent.  This documentation...

has not returned so I would check with my local post office to find out why mail is not being delivered.Statutes are 7 years from the date of last charge. According to the itemized statement provided, the date of last charge was on 7/24/2009---the 7 year mark is 7/24/2016.  Also, statutes of limitations does not mean the bill is magically no longer an obligation, it just can’t be reported to the credit bureau. It is and always has been company policy to comply with the FDCPA and FCRA. I can personally guarantee nothing had been said nor done to defraud this company or our client's reputation.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.As the good folks at Nemo's know or should know, considering that they are allegedly a licensed debt collector in the state of AZ, the statute of limmitations on debt in AZ is between 3 and 6 years depending on  the type of debt. Also as I am sure that they know but are choosing to ignore, once the statute of limitations has expired it is unlawful to actively attempt to collecct the debt. It has been shown in federal court, that reporting to the credit bureaus constitutes actively collecting debt. (Credit reporting constitutes an attempt to collect a debt. See, e.g., Rivera v. Bank One, 145 F.R.D. 614, 623 (D.P.R. 1993)(a creditor's report of a debt to a consumer reporting agency is a "powerful tool, designed, in part, to wrench compliance with payment terms.");I will copy and paste a link to the entirety of this case below.https://www.paed.uscourts.gov/documents/opinions/03D0468P.pdfAlso, as I am sure that Nemo's is aware, the law that is most favorable to me is the one that will be looked upon in court.  Considering that this account is from AZ, the AZ law is the one that will be used in court. As Nemo's stated above, the debt can no longer be reported to the credit bureaus once it has passed the statute of limitations. This account is well beyond the statute of limitations as set forth by the state of AZ. By all counts, this account should be deleted from my credit reports. I am not saying that this debt magically goes away, but by law, it should be removed from my credit reports. As I stated earlier, I do not want to have to file a suit as it would be very expensive for me initially but more expensive for Nemo's  in the end as they would be paying my attorney fees, traveling expenses to and from AZ, time missed from work at $29.60 hourly plus whatever damaged the judge or jury sees fit. It is in both Nemo's and my best interest that we resolve this without going to court.Thank you
[Provide details of why you are not satisfied with this resolution.]
Regards,
[redacted]