About to Start Pre-Hipaa Process - Question on Old Addresses

[Why Chat]

Here is an update.

 

on 8-18-12 I sent a certified check to the hospitsl for $320, and included the insert from the pre-hippa letter. I sent CMRR, which they received\ a couple of dayts after I sent it. I also made sure that I followed instuction for the check, including writing on the back of the endorsement that the check could only be deposited by the hospital. As of today, the certified check has not been cashed (I checked with by bank.

 

What is interesting is that I now get a letter in the mail from a new collection agenecy saying that they represent the hospital and they are now asking me for $880, which was the original amount of the bill from 2007 before it was turned over to the first collection agency (which is the one I was dealing with on this matter through CMRR correspondence) and reduced by the hospital.

 

Meanwhile, I filed my answer to the court complaint where the original collection agency was suing me for $320. In my answer, I provided a copy of the certified check, the correspondence to the CA requesting validation (which they didnt respond to), etc. I havent heard back from the court yet, but sent a copy of my answer CMRR to teh court as well as the CA.

 

As I wait for my response, I am going to respond to the second CA who is trying to collecting on this debt, but I am not sure what I should send them. Overall, my main concern is not having to pay the higher amount (original amount) to anyone since this was from 2007, as well as getting this off my equifax credit report, which is the only one it is reporting to. Not sure what the next step should be. As you can see from the start of this thread, this issue has been going on for quite some time, and I think I am running out of options. Any advice would be appreciated. Thanks!

 

Send the NEW CA this:

 

http://www.whychat.5u.com/ltrcavalhipaa.html

 

I think the prior CA had NO right to file the lawsuit and as soon as you answered it they sold the account to an affiliate.

 

What is the status of your "lawsuit"??

[Silvio]

No update from the court yet on the status of the case. With respect to the new CA, I believe that the hospital handed it over to a new CA, since it looked like the new CA picked up the account right after teh hospital received my CMRR, which was after the CA received my CMRR, but could be wrong. So I am going to send the new letter you mentioned in the link to the new CA, correct? No mention about me sending in payment already, etc? Do I wait a little but until I hear from the court before sending anything? Just want to make sure I dont have a misstep. Thanks

[Why Chat]

No update from the court yet on the status of the case. With respect to the new CA, I believe that the hospital handed it over to a new CA, since it looked like the new CA picked up the account right after teh hospital received my CMRR, which was after the CA received my CMRR, but could be wrong. So I am going to send the new letter you mentioned in the link to the new CA, correct? No mention about me sending in payment already, etc? Do I wait a little but until I hear from the court before sending anything? Just want to make sure I dont have a misstep. Thanks

No, you never give a CA information. If you told them that it was paid you would risk having it end up as a paid collection on your reports, which is actually WORSE than an unpaid one as it is more recent.

 

Send the new CA the medical DV NOW

[Silvio]

Ok, I have a few updates.

 

1. received notification from court of my court date to appear on this matter with the CA early next month

 

2. received a copy of a letter the CA has sent to the hospital (OC). You may recall I sent a letter to the HIPPA Compliance Officer of the hospital, where I sent a check in for payment using the HIPPA letter and proper insert. Looks like the HIPPA officer sent the check the CA. However, since I put on the back of the check that it could only be deposited by the hospital, the CA couldnt cash it. In fact, the CAs letter references to the Compliance Officer references the letter I sent her and the check that she sent to the CA to deposit. However, the CA notes that it cannot be desposited by the CA and that the CA is sending it back to the HIPPA compliance officer. Keep in mind that the CA also knew about the letter I sent the HIPPA compliance officer as part of my answer back to the court regarding the compliant. Anyhow, not sure if this is a violation or not that the compliance officer sent the check to the CA

 

3. I requested validation of the debt to the new CA who has taken over this same account. They may be trying to wear me down but I am in the for the long haul and will also show u for court. I heard sometimes the CAs dont show up to court, hoping to in a default judgment.

 

Please advise if there is anything I should be doing new as part of the strategy. Thanks!

[Why Chat]

Ok, I have a few updates.

 

1. received notification from court of my court date to appear on this matter with the CA early next month

 

2. received a copy of a letter the CA has sent to the hospital (OC). You may recall I sent a letter to the HIPPA Compliance Officer of the hospital, where I sent a check in for payment using the HIPPA letter and proper insert. Looks like the HIPPA officer sent the check the CA. However, since I put on the back of the check that it could only be deposited by the hospital, the CA couldnt cash it. In fact, the CAs letter references to the Compliance Officer references the letter I sent her and the check that she sent to the CA to deposit. However, the CA notes that it cannot be desposited by the CA and that the CA is sending it back to the HIPPA compliance officer. Keep in mind that the CA also knew about the letter I sent the HIPPA compliance officer as part of my answer back to the court regarding the compliant. Anyhow, not sure if this is a violation or not that the compliance officer sent the check to the CA

 

3. I requested validation of the debt to the new CA who has taken over this same account. They may be trying to wear me down but I am in the for the long haul and will also show u for court. I heard sometimes the CAs dont show up to court, hoping to in a default judgment.

 

Please advise if there is anything I should be doing new as part of the strategy. Thanks!

What State are you in??

 

Most/all States have statutes that require acceptance of cash payments for medical services, the fact that it was a money order( same as cash) should allow you to raise the defense that the OC refused your cash payment in contravention of State statutes.

 

Did the hospital return the money order to you?? Did they deposit it??

[Silvio]

In NJ. As sent a certified check made from my bank. Made payable to hospital. The hospital did not cash, but sent it to the CA i mentioned in my letter to them. The hospital didnt even inform me of what they did. I learned of this from the CA. Again, I wrote on the back of teh check where it is endorsed that it can only be deposited by the hospital and not a third party, which is why the CA sent it back. I this point, my concern is less about paying the money, which i already sent a check in for, but more about getting this deleted of my one credit report. Not sure of any leverage or other strategies I can use to get to this end, but would love to know if there is on. Thanks!

[Silvio]

WHY CHAT - I sent you a PM on this thread.

[Why Chat]

You never said if the check was deposited by the hospital or returned to you.

 

I suggest you go to the "Help I've Been Served" forum to get appropriate advice on how to answer their motion.

 

If you have not filed an answer, then you MUST do so, make sure you include the fact that the action is time barred and that the CA lacks standing as they have not provided any documentation of assignment from the hospital.

 

You should consider also filing a counter suit against them for violations of the FDCPA and FCRA

[Silvio]

ok, i mentioned in the second to last post that teh Hospital sent the check to the CA. CA sent it back to hospital saying that they couldnt cash due to what I wrote on bacl of the check "can only be desposited by hospital and not signed over to third part collection agent. I did file the original answers which prompted their second motion ot the court Anyhow, in their new motion, they mention that the charges are for the doctor who provided me with emeregy treatment and is not for the hospital, who has separate billing. I wonder if the SoL can now be used, since it is not a direct bill from the hospital? I will try to get more advice on this. Thanks

[Why Chat]

ok, i mentioned in the second to last post that teh Hospital sent the check to the CA. CA sent it back to hospital saying that they couldnt cash due to what I wrote on bacl of the check "can only be desposited by hospital and not signed over to third part collection agent. I did file the original answers which prompted their second motion ot the court Anyhow, in their new motion, they mention that the charges are for the doctor who provided me with emeregy treatment and is not for the hospital, who has separate billing. I wonder if the SoL can now be used, since it is not a direct bill from the hospital? I will try to get more advice on this. Thanks

Yes, the claim is time barred.

[Silvio]

Why Chat,

 

Did you mean that I can use the SoL now as a defense, being that the bill in questions is from the office of the emergency physician rather than the hospital? I know you mentioned I couldnt use teh SOL as a defense since I though that the bill was for the hospital services, but learned the hospital has nothing to do with this bill, since it was a separate billing from the emergency room doctor.

NOW, here is the kicker on a related issue.....When I sent the hospital the check for the services ( I thought it was for the hospital not the emergency room physician) they sent me back a letter saying that they could not accept the check since it wasnt for service involving the hospital, however they must have checked their system and said I did owe the hospital $800 for service for that day and which were never paid. In the letter they said I can pay them directly, but in the interim I received a letter from a CA associated with the hospital informing me that I owe the money. I contacted the hospital ifnorming them of this and they mentioned that if I want to do payments, i need to deal with the CA, but if I want to pay in full I can deal with the hospital. While this was all happening, I sent the CA a validation request. Got a letter back saying that I need to contact the hospital for that info. I do know that the collection account is not on my credt report, but the CA just did a pull of my credit reports about 2 weeks ago. I am concerned that they are going to put this on my report, and I will have to deal with this in addition to the related issues in the original thread. Really need some help on this....I have the money to pay the $800, but am confused in terms of who I should deal with. I feel like this will go on my credir report any day now if I dont act quickly. Appreciate your help

[Why Chat]

Why Chat,

 

Did you mean that I can use the SoL now as a defense, being that the bill in questions is from the office of the emergency physician rather than the hospital? I know you mentioned I couldnt use teh SOL as a defense since I though that the bill was for the hospital services, but learned the hospital has nothing to do with this bill, since it was a separate billing from the emergency room doctor.

NOW, here is the kicker on a related issue.....When I sent the hospital the check for the services ( I thought it was for the hospital not the emergency room physician) they sent me back a letter saying that they could not accept the check since it wasnt for service involving the hospital, however they must have checked their system and said I did owe the hospital $800 for service for that day and which were never paid. In the letter they said I can pay them directly, but in the interim I received a letter from a CA associated with the hospital informing me that I owe the money. I contacted the hospital ifnorming them of this and they mentioned that if I want to do payments, i need to deal with the CA, but if I want to pay in full I can deal with the hospital. While this was all happening, I sent the CA a validation request. Got a letter back saying that I need to contact the hospital for that info. I do know that the collection account is not on my credt report, but the CA just did a pull of my credit reports about 2 weeks ago. I am concerned that they are going to put this on my report, and I will have to deal with this in addition to the related issues in the original thread. Really need some help on this....I have the money to pay the $800, but am confused in terms of who I should deal with. I feel like this will go on my credir report any day now if I dont act quickly. Appreciate your help

I can't go back to the start of your thread.

 

Did you have ANY insurance??

Do you have your EOMBs??

 

I think that the hospital's billing department is trying to stick you with bills that you don't actually owe.

 

Did you get your money order back from the hospital??

 

If not, can you put a cancellation on it if it hasn't been deposited??

 

If you sent the medical DV to the CA that is now reporting, and IF they obtain a "new" account from the OC, you will have grounds for complaints against the OC for unfair billing practices under State laws.

[Silvio]

IN RESPONSE TO YOUR QUESTIONS BLOEW>

 

I can't go back to the start of your thread.

 

Did you have ANY insurance?? There was a one day lapse in coverage when I was changing job. The insurance paid it, but requested the money back--which they received back from the hospital

Do you have your EOMBs??

 

I think that the hospital's billing department is trying to stick you with bills that you don't actually owe. I do owe the money to the hospital, as they did provide the service..again insurance paid, but got back money. I saw the statement from the insurance

 

Did you get your money order back from the hospital?? received my certified check back from the hospital. please keep in mind the check i sent them was really for the service of teh emergency room physican, who is not associated with the hospital billing. I didnt know this until after the fact. The fact that i sent them this check prompted their inquiry of the money I actually owed them, which was something i got of my credit report a couple of years ago. Anyhow, they sent me back the ceritifed check for the emergency phsyician since they cant cash it

 

If not, can you put a cancellation on it if it hasn't been deposited??

 

If you sent the medical DV to the CA that is now reporting, and IF they obtain a "new" account from the OC, you will have grounds for complaints against the OC for unfair billing practices under State laws. I sent medical DV to the CA. They are not reporting on any credit reports now, but did pull my creidt report. When I DVd them, they said I need to contact the hospital. However, I received another letter from them sayingthey are going to proceed if I dont contact them. Overall, I cant afford this on my credit reports, as the original amount that I was trying to pay the emeregency room physican has already resulted in a judgment I need to work on repairaing. Before I do that, the immediate need is this account so I can prevent it from going on any reports. Hope this is clear.

[jkusd]

IN RESPONSE TO YOUR QUESTIONS BLOEW>

 

I can't go back to the start of your thread.

 

Did you have ANY insurance?? There was a one day lapse in coverage when I was changing job. The insurance paid it, but requested the money back--which they received back from the hospital

Do you have your EOMBs??

 

I think that the hospital's billing department is trying to stick you with bills that you don't actually owe. I do owe the money to the hospital, as they did provide the service..again insurance paid, but got back money. I saw the statement from the insurance

 

Did you get your money order back from the hospital?? received my certified check back from the hospital. please keep in mind the check i sent them was really for the service of teh emergency room physican, who is not associated with the hospital billing. I didnt know this until after the fact. The fact that i sent them this check prompted their inquiry of the money I actually owed them, which was something i got of my credit report a couple of years ago. Anyhow, they sent me back the ceritifed check for the emergency phsyician since they cant cash it

 

If not, can you put a cancellation on it if it hasn't been deposited??

 

If you sent the medical DV to the CA that is now reporting, and IF they obtain a "new" account from the OC, you will have grounds for complaints against the OC for unfair billing practices under State laws. I sent medical DV to the CA. They are not reporting on any credit reports now, but did pull my creidt report. When I DVd them, they said I need to contact the hospital. However, I received another letter from them sayingthey are going to proceed if I dont contact them. Overall, I cant afford this on my credit reports, as the original amount that I was trying to pay the emeregency room physican has already resulted in a judgment I need to work on repairaing. Before I do that, the immediate need is this account so I can prevent it from going on any reports. Hope this is clear.

 

 

 

 

What is DV? i also have negative report from CA due to medical bill on my credit reports.

[Silvio]

BUMP ON MY ORIGINAL ANSWERS IN RED.

[Why Chat]

IN RESPONSE TO YOUR QUESTIONS BLOEW>

 

I can't go back to the start of your thread.

 

Did you have ANY insurance?? There was a one day lapse in coverage when I was changing job. The insurance paid it, but requested the money back--which they received back from the hospital

Do you have your EOMBs??

 

I think that the hospital's billing department is trying to stick you with bills that you don't actually owe. I do owe the money to the hospital, as they did provide the service..again insurance paid, but got back money. I saw the statement from the insurance

 

Did you get your money order back from the hospital?? received my certified check back from the hospital. please keep in mind the check i sent them was really for the service of teh emergency room physican, who is not associated with the hospital billing. I didnt know this until after the fact. The fact that i sent them this check prompted their inquiry of the money I actually owed them, which was something i got of my credit report a couple of years ago. Anyhow, they sent me back the ceritifed check for the emergency phsyician since they cant cash it

 

If not, can you put a cancellation on it if it hasn't been deposited??

 

If you sent the medical DV to the CA that is now reporting, and IF they obtain a "new" account from the OC, you will have grounds for complaints against the OC for unfair billing practices under State laws. I sent medical DV to the CA. They are not reporting on any credit reports now, but did pull my creidt report. When I DVd them, they said I need to contact the hospital. However, I received another letter from them sayingthey are going to proceed if I dont contact them. Overall, I cant afford this on my credit reports, as the original amount that I was trying to pay the emeregency room physican has already resulted in a judgment I need to work on repairaing. Before I do that, the immediate need is this account so I can prevent it from going on any reports. Hope this is clear.

Is this a recorded judgment??

http://www.whychat.5u.com/deletejudg.html

 

OK, so you had pre authorized treatment that was expected to be paid by your insurance and the insurance Co. reversed the payment?? What kind of notice did you receive?? What State are you in?? Did you file an appeal??

Edited November 15, 2012 by Why Chat

[Silvio]

Judgment is recorded.i checked with the court. I checked with insurance and indeed there was a lapse in coverage...therefore they did not have to pay. I read that if you pay the judgment within 30days of it being entered, that you can have the judgment removed easily. I am still witho 30 days.....is this true?Live in New jersey

 

 

Edited November 27, 2012 by Silvio