I have one creditor that's annoying the heck outta me..r/o

[aces67]

We included a balance from our mail order pharmacy in our BK. We can't use the pharmacy again until we have a zero balance on our account. Well first they kept calling me trying to collect b/c they claimed they weren't notified of our BK. So I sent notification by certified mail w/ a return receipt. We were discharged today and we still can't use the pharmacy b/c we still have a balance with them. I called to find out why and they said they were notified on July 13. It will take them an additional 3-4 weeks to research this and write our balance off.

Is that right? Can they really keep dragging this out or what? At first they tried to say we couldn't use them again at all but due to contract terms between them and dh's employer they can't do that. I had to get dh's HR dept involved. So we're just waiting on them to write it off.

Thanks Guys!

[kenshirley]

Print the discharge on Pacer and show it to them. Make sure you show them on the creditors list as discharged.
If they refuse to do business with you tell them you are going to talk to an attorney about the matter.
And if your medical contract says you must use them to get benefits and they are denying your rights under federal BK laws they are going to have a very serious issue with the law.
If they don't come around when you show them you were discharged, I would contact my state attorney generals office about the matter and file a formal complaint with them.
And I would also call your insurance company and raise h*** with them about their contract pharmacy too.
In fact I would tell them that if I have to have RX filled elsewhere at additional cost I am filing in small claims court for the difference right away.
Companies generally do not like problems.

[aces67]

So legally do you think they can or cannot keep dragging this out?

I know we've done everything right they just won't give up. I did tell the lady that I'll be contacting my lawyer again tomorrow to make sure what they are doing is legal and I meant that. I don't bluff. They are so annoying!

[kenshirley]

Yes, they are wrong. State your case and tell them the consequences of their actions.
It's a pretty easy win.

[aces67]

You know what? The funniest thing happened. Before I could even get in touch with my lawyer a Caremark pharmacy supervisor called to let me know that it was a misunderstanding and that we now have a zero balance and they are ready and willing to fill our prescriptions again!

I guess they figured out that I was not bluffing and they were definitely in the wrong.

[kenshirley]

See, it does pay to speak up.

[shabam]

Well the reality is that this company is under no obligation to do business with you, unless for someone unique reason you can only use them.

For example. If I include verizon wireless in a ch 7, they are under no obligation to allow me to use them again.

Same goes with a local hospital. They can refuse to treat me unless it's an emergency.

[kenshirley]

You missed the point, the pharmacy is under contract via his medical coverage, and they have to honor the contract, BK or not.

[aces67]

Well the reality is that this company is under no obligation to do business with you, unless for someone unique reason you can only use them.

For example. If I include verizon wireless in a ch 7, they are under no obligation to allow me to use them again.

Same goes with a local hospital. They can refuse to treat me unless it's an emergency.

That doesn't apply with them. They are under contract by dh's employer and can't refuse us. They hate that but it's how it is.

[shabam]

That doesn't apply with them. They are under contract by dh's employer and can't refuse us. They hate that but it's how it is.

ah okay. Then you have little to worry about.

I thought this is some random pharmacy.