3 replies to this topic

[financeguy31]

Several months ago I received a collection notice from a collection agency who alleged that I had failed to pay a medical copay of $15.00 to a physican that I had seen. I disputed this and, while I could not locate the recipt for this cash payment, I did describe the process for payment. I also offered to work out an amicable deal with the CA but provided that I may contact a couple of consumer agencies and medical liscensing agencies about such practice. Never heard another word until today. Today, I was looking at a recent TRU pull and found a concern named "Literary Management" of Franklin Tennessee reporting was appears to be this same $65.00 debt. I looked up the company, and while I cannot find them listed with any collection or financial business activity, I found that the owner and company, listed at the same address as on the TRU report are, in fact, a company that specializes in representing writers of chiristian childrens' literature. The TRU report omits the phone number.

I cannot find any legal link between the first CA (Innovative) and this second. No common officers, addresses, phone numbers, no link found in my state of the home states listed for both. Moreover, I have received no collection notice from the agency listed as "Literary Management." This all seems odd.

Anyone heard of such an organization or practice?
Advice would be greatly appreciated.

[cotterpin]

Did you request validation of the debt properly?

Why would you, if you have any doubts about whether or not the amounts are owed, offer to make an "amicable agreement" with them???????

You may find a better response to your second question regarding the CA by asking that part on the main credit forum.

[financeguy31]

Yes, I did send a prompt Debt Validation outlining my required information to substantiate each charge and to demonstrate my agreement to "service" charges. They responded with a lame verification where they presented a blurry copy of an acct ledger reflecting an unpaid charge of $15.00 and three "service fees" bringing the balance to $65.00. I copied this DV to the O.C. to cover myself under the Fair Credit Billing Act.

My offer was based on the small amount of the claim and my desire to avoid the CRA consequences. My offer stipulated that they would not report, ever and if they had already reported, that this would be promptly removed. I also stipulated that any settlement was not an admission of obligation that, I was only motivated to settle this to avoid the long and recalcitrant process of CRA disputes.

Recently, I have sent a "nice" letter to the O.C., a physician where I pointed out that this entire matter was silly and that we could both arrive at a reasonable resolution. I then pointed out every violation of the FCRA, FDCPA, and Fair Billing Act as well as several Tennessee and Georgia statues that have been violated and reminded him that he is culpable for the violations made by both third parties. I pointed out that having my medical information out there with so many unnecessary people made me vulnerable and very anxious about my privacy. Notwithstanding you historical comment about how CRAs automatically encrypt medical trade lines, I don’t see anything on my TRU report that provides for this protection. Moreover, I have a taped conversation with a supervisor at TRU where I specifically inquire about this trade line. I asked her if I was seeing the trade line just as anyone pulling my credit report would see it, including the name of this physician. She repeatedly confirmed that I was indeed seeing the same information that anyone pulling my CR would see. .

I gave him until November 01 to respond and then I promised to pursue action. I am currently crafting a letter to the Tennessee Collection Board, which has the authority to intervene and order federal penalties for violations of state and federal statues. I will also send this to the FTC, if it comes to this conclusion.

I believe I have made a great case for multiple FCRA violations, licensing violations and willful disregard for HIPPA laws.

[Why Chat]

I have no suggestions to make about your claims for violations and actions against this CA, however, if you would like to get it removed from your report I suggest the medical dispute letter as posted at the bottom of the HIPAA letter program on my website.

I also suggest you opt out, if you have not already done so, to avoid any further poisoning of your reports.