The start of my battle

[clutchmastercory]

So been in the credit section for a few months and lurked my way through all the boards etc but thought I would finally post a thread in this forum for some help with some med collections. I feel like I'm on the right path but would love the insight from some of you guys.

 

 

Background on problems: About 3 years ago I had a fall out at work which they think was caused by a slight heart attack. Was insured at the time but was very young and stupid! Ending up taking a whambulance ride to a local hospital. Was monitored and released:

 

Received a bill and paid it. Unknowing to my young stupid mind I had more than 1 bill. Never got the other bills and was moving very often due to work. Evidently they never sent or they just never caught up with me or were just tossed accidently. Regardless I'll take the blame. My ex and me split up alil over a year ago....she defaulted some cc's that I was unaware about. Went through my problems with that but when I got my cr I found:

 

TU & EX

Absolute collections:

80 bucks

date placed for coll: 10/2007

date to be removed off cr: 6/2013

 

I got panicky and w/o knowing what I know now I paid it to the CA last august. Stupid move!

 

next:

 

TU, Eq

Security Collections:

624 bucks

date placed for coll: 12/2006

date to be removed off cr: 6/2013

 

This is an unpaid atm

 

Final one:

EQ

427

Unknown

Unknown

 

 

 

I've gone back through and can't find the records for this so I can't even find out what the date of service was. I know in NC the sol is 3 years from last payment but I never made a payment on the security collections account.

 

Since these are due to fall off 06/2013 would this mean the date for sol starts 06/06?

 

I have sent out my prehippa letters to the CRA's per the whychat process for the absolute/security collections and plan to address the other when I get a full eq report back to know what I'm dealing with.

 

I guess my main concern is how do I determine if these are sol and what different course of action should I take?

 

Both of these are from the same visit so should be the same date.

 

Thanks for all the help

Edited September 29, 2009 by clutchmastercory

[clutchmastercory]

okay after purchasing a eq report off myfico it shows as

 

Date assigned [?] Oct 01, 2007

Date reported [?] Sep 01, 2008

Date last active [?] Jul 01, 2006

 

I assume that July 1st is where my SOL begins? Should I call the OC to check the date?

 

I requested validation on august 21st from the ca's so I doubt at this point they are sending anything.

 

Also found this on whychats site. http://whychat.5u.com/nottoca.html

 

assume this is the correct start for a sol letter. Is this a 100% chance of deletion? and also am I going to have problems with the CRA's since I've already sent the prehippa letter?

 

Sorry for the 50 questions just want to make sure my ducks are in a row and honestly I'm alil siked about the possibility of getting these 3 off and just having 1 baddie on 2 reports!

[Why Chat]

Forget about the SOL for now, I doubt very much that you would be sued for any of these amounts.

 

Did you opt out before starting your dispute process??

http://whychat.5u.com/OPTOUTINST.HTML

 

Did you try to get your old addresses deleted??

 

Have you already sent the initial dispute letter to each CRA?

http://whychat.5u.com/hipaadisp.html

 

If so, what was the response?

 

Is the account that you paid to the CA reporting as a "paid" collection??

[clutchmastercory]

Yes I opt'd out

 

Yes I removed all addresses I could. Ex wouldn't budge on 2 old (1 tied with these lines!) but everything off eq and tu.

 

Yes I sent the prehippa letters. They were received around sept 21st. I have just received the standard notices from them that they are investigating.

 

The absolute collections is listed as paid the other 2 are unpaid

[Why Chat]

Yes I opt'd out

 

Yes I removed all addresses I could. Ex wouldn't budge on 2 old (1 tied with these lines!) but everything off eq and tu.

 

Yes I sent the prehippa letters. They were received around sept 21st. I have just received the standard notices from them that they are investigating.

 

The absolute collections is listed as paid the other 2 are unpaid

Wait for the results of the investigations.

 

For the ones that are NOT deleted and are showing a balance due send the reporting CA this;

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

 

For the ones that are not deleted and are showing as a "paid" collection, send the reporting CA this;

http://whychat.5u.com/ltrcavalhipaa.html#PAID

 

For both of the above, send each CRA this as soon as you have the green card back;

http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

[clutchmastercory]

Man I don't know if its said enough but You DA man! I really do appreciate the help from the bottom of my heart.

[clutchmastercory]

First results in ALREADY from TU:

 

Says absolute has been deleted.

 

 

Sent me a copy of my report and security isn't on it either! MY TU account is now clear of medical collections. Will update when the other results come in. AMAZING!

[clutchmastercory]

Well here comes the bad and need some aid in my next steps

 

From eq- We have researched the collection account (absolute-paid). Equifax verified that this item belongs to you. If you have any additional questions please contact Absolute collection

 

From eq- We have researched the collection account (security coll-unpaid). Equifax verified that this item belongs to you. If you have any additional questions please contact Security collection

 

From ex- This item was verified and updated on Sept 2009. (absolute-paid)

 

They have the date of the status set to sept 2009 and have a note that says collection as of sept 2009 but the status is paid, closed. Is that right?

 

Where do I go from here? O Why chat where is thou Why Chat?

[clutchmastercory]

nevermind saw you posted above what to do. Way ahead of me haha

[clutchmastercory]

So sent out my prehippas last month. Didn't hear back anything from ca's

 

Sent out my second letter on October 25th and sent out my second letter per whychat on monday.

 

Today I get a letter from Absolute which is my $80 paid collection. The letter says :

 

Provider: Duke Health Hospital

debtor #: *****

Reference #:****

Orig balance:80

Date of service: 7/31/06

 

Dear Mr. *****

The accout listed above currently reflects a zero balance. Any debits or credits posted to the account after the date of this letter will not be reflected on this statement. In the event that any check or cc charge is not honored, we reserve the right to properly reinstate any balance not ultimately paid.

 

If you need additional information or have questions concerning this account please contact one of our consumer service representatives.

 

 

Nothing else written. No account #, No copy of bill, no nothing. This has been taken off tu but remains on ex/eq. Should I just let the second letter to cra's run its course and come back?

 

Thanks again!

[Why Chat]

So sent out my prehippas last month. Didn't hear back anything from ca's

 

Sent out my second letter on October 25th and sent out my second letter per whychat on monday.

 

Today I get a letter from Absolute which is my $80 paid collection. The letter says :

 

Provider: Duke Health Hospital

debtor #: *****

Reference #:****

Orig balance:80

Date of service: 7/31/06

 

Dear Mr. *****

The accout listed above currently reflects a zero balance. Any debits or credits posted to the account after the date of this letter will not be reflected on this statement. In the event that any check or cc charge is not honored, we reserve the right to properly reinstate any balance not ultimately paid.

 

If you need additional information or have questions concerning this account please contact one of our consumer service representatives.

 

 

Nothing else written. No account #, No copy of bill, no nothing. This has been taken off tu but remains on ex/eq. Should I just let the second letter to cra's run its course and come back?

 

Thanks again!

Have you sent the follow up letter to Ex and Eq??

http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

 

If not, do so, if yes, wait for THAT response before posting.

[clutchmastercory]

Yes I have sent that letter. Got my response from EX today

 

We have already investigated this information and the credit granto has verified its accuracy. Please refer to the personal credit report you recieved for the phone number etc.. bla bla bla..... unless you send us relevant information to support your claim, we will not investigate this information again and you will not reveive notice again regarding this matter

 

This was for the Absolute collection (paid, $80 original). They are also the ones I got the letter from after I had already sent the second letter to eq/ex.

Edited November 10, 2009 by clutchmastercory

[clutchmastercory]

OK SO HERES A DOOZEY!

 

Equifax verified my accounts and so did experian

 

 

I get another letter from Absolute who was my $80 original Paid collections. Now they say that I owe them NOT SECURITY COLLECTIONS the $624 unpaid medical collection. I have not heard from security collections at all but they remain verified on my eq report.

 

Absolute collections gets even weirder. They say to send payment to the OC (duke healthcare)!

 

 

So basically none of the accounts came off........only absolute answered the letters, and they answered to an account that is listed under another CA.

 

 

What should I do now? Whychat please help!

[Why Chat]

OK SO HERES A DOOZEY!

 

Equifax verified my accounts and so did experian

 

 

I get another letter from Absolute who was my $80 original Paid collections. Now they say that I owe them NOT SECURITY COLLECTIONS the $624 unpaid medical collection. I have not heard from security collections at all but they remain verified on my eq report.

 

Absolute collections gets even weirder. They say to send payment to the OC (duke healthcare)!

 

 

So basically none of the accounts came off........only absolute answered the letters, and they answered to an account that is listed under another CA.

 

 

What should I do now? Whychat please help!

 

Had you opted out and deleted old addresses before you started your disputing??

 

Something is not right here!!

 

Let me ask a few simple questions, DO YOU actually owe any $$ to Duke??

 

Do you have a common name??

 

Have you checked your reports for any incorrect addresses or misspellings of your name??

[clutchmastercory]

Had you opted out and deleted old addresses before you started your disputing??

yes

 

DO YOU actually owe any $$ to Duke??

yes

 

Do you have a common name??

 

Nope. According to facebook theres only 1 more of me in the world lol

 

Have you checked your reports for any incorrect addresses or misspellings of your name??

Only addy not deleted was on ex and name is correct. Yea I'm kind of lost. Came off TU in a heartbeat.

[Why Chat]

Had you opted out and deleted old addresses before you started your disputing??

yes

 

DO YOU actually owe any $$ to Duke??

yes

 

Do you have a common name??

 

Nope. According to facebook theres only 1 more of me in the world lol

 

Have you checked your reports for any incorrect addresses or misspellings of your name??

Only addy not deleted was on ex and name is correct. Yea I'm kind of lost. Came off TU in a heartbeat.

OK, this is tough--

 

I suggest you pay directly to Duke, ( not to their billing address, but to the OC Street address) the $80. with the HIPAA letter insert "a" AND in the SAME ENVELOPE a HIPAA letter use insert "b" for the other account that was paid in full.

http://whychat.5u.com/hipltr.html

You should also send the medical DV to the CA on the $624. collection letter.

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

[clutchmastercory]

OK, this is tough--

 

I suggest you pay directly to Duke, ( not to their billing address, but to the OC Street address) the $80. with the HIPAA letter insert "a" AND in the SAME ENVELOPE a HIPAA letter use insert "b" for the other account that was paid in full.

http://whychat.5u.com/hipltr.html

You should also send the medical DV to the CA on the $624. collection letter.

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

 

OK the $80 account was "paid" and was mine

 

the $624 is unpaid but still duke.

 

So I should send the $624 to duke directly now using the "A" insert and

 

send the same with the "B" insert for the paid ?

 

I already sent that last letter you mentioned to Security ($624). They did not reply but the same ca as the ($80) paid did for the $624.

 

 

So basically the Absolute is saying they own both but are only reporting the paid while Security who is claiming the unpaid debt won't respond to me. Meanwhile EQ won't pull it off my report! So should I change this line to just "collection agency" since I don't know who the real CA IS? Btw this is the strangest thing I've seen through my credit repair!

 

Your furnishing of my account information to (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) is a clear violation of Public Law 104-191 ("HIPAA") since there can be no permissible business purpose in divulging protected health information to anyone on an account once there is no longer any payment due.

Edited November 17, 2009 by clutchmastercory

[clutchmastercory]

Here is the letter I got from Absolute. They are not the CA reporting this debt

 

 

and from my report

 

Security Collection Agency

Acct Type: Collection Account

Date Open: 12/1/2006

Balance: $624.00

Payment Status: Unpaid

MEDICAL

Unpaid

[clutchmastercory]

bump. Really don't want to hose this up and cost myself $ on a sol account if its not going to help

[Why Chat]

bump. Really don't want to hose this up and cost myself $ on a sol account if its not going to help

There is NO "effective" SOL on hospital accounts as IF you are sued and your ONLY defense is "SOL" the Courts will disallow it as hospitals obtain TAX$$ for "no-pays" and the Courts treat hospital accounts the same as "Government" accounts which are exempt from any SOL provisions.

 

Pay Duke directly with the HIPAA letter insert "a", look up the health care billing charts( linked in insert "a") or get an EOMB if you were insured at the time to see what the normal and standard bill should be.

http://whychat.5u.com/hipltr.html

 

http://www.cms.hhs.gov/HealthCareConInit/

[clutchmastercory]

Well Security Co came off (624). Eq sent me a letter saying it was verified then 3 weeks later its gone off my report and they send saying its gone. Weird! Sent the letter to duke for the paid and it came back undeliverable so resending .

[clutchmastercory]

Well it gets better. Security came off with the ($624 upaid). Now Absolute has popped up with the same collection. Should I start over the process with them?

[Why Chat]

Well it gets better. Security came off with the ($624 upaid). Now Absolute has popped up with the same collection. Should I start over the process with them?

Not exactly,

Has "Absolute" popped up on ALL 3 reports??

 

If so send the CRA's this;( properly typed and sent CMRR)

John Q Public

 

100 Misery St.

 

Poortown.XX,98765

 

February 30,2003

 

Certified mail receipt number ____________

 

TUEQIPERIAN Credit Bureau

 

999 Everwrong Blvd.

 

Messup, XX,12345

 

Dear Sir or Madam;

 

Re: report # __________________________

 

This is a request as authorized by the FCRA . § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i]

 

In my letter of (date of dispute letter) I disputed the following account (Name of account & account #)

 

In your your report # ____ of (date) you have deleted the disputed unknown medical account

In your report #_______ of (date) you have reinserted the same account with( name of the CA )changed to an affiliate of ( name of original CA) , ( name of new CA)

 

Please furnish me with the following ;

 

(1)A description of the procedure used to determine the accuracy and completeness of the information.

 

(2) The business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with such information;

 

In accordance with the requirements of the FCRA as shown below,I am hereby requesting your complete compliance with any and all of the provisions.

 

Requirements relating to reinsertion of previously deleted material.

 

Certification of accuracy of information. If any information is deleted from a consumer's file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

 

Please furnish me with copies of any and all such certification.

 

If any information that has been deleted from a consumer's file pursuant to subparagraph (A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

 

I received no such notification,this is a serious violation of the FCRA, and I reserve the right to pursue further action.

 

Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

 

(I) a statement that the disputed information has been reinserted;

 

(II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and

 

Please furnish me with the required statements and data

 

© Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph and a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

 

Please furnish me with a full description of the procedures used to determine the accuracy of the information.

 

(7) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph (6)("b")(iii) by not later than 15 days after receiving a request from the consumer for that description.

 

In accordance with the above requirements of the FCRA, please furnish me with all requested material within 15 days

 

Please note that as a recipient of private medical data you are also subject to the provisions of subtitle D of the ARRA ,SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. Please note that the effective date for enforcement of penalties against you for this breach is February 17, 2009.

 

I also reserve the right to include your Bureau in any legal remedies I pursue.

 

Sincerely,

Signature

 

Do not send the CA anything unless and until you have received a response from the CRA(s) and the money order has been deposited.

Post back here on this thread for further instructions.

Edited December 14, 2009 by Why Chat

[clutchmastercory]

What if I don't have a report number? It popped up on CCT. Just substitute for report date or get a hard report?

Edited December 14, 2009 by clutchmastercory

[clutchmastercory]

Not exactly,

Has "Absolute" popped up on ALL 3 reports??

 

If so send the CRA's this;( properly typed and sent CMRR)

John Q Public

 

Worked! Gracias Whychat!

 

So now my last problem. Finally got the full info on the professional recovery (427) collection off of my eq report that they sent me. I went ahead and did the prehippa (no worky) and then sent the dispute letter/follow up.

 

 

Yet again it came back verified and I have received no letter from professional recovery. Should I send http://whychat.5u.com/hipltr.html with insert "A"? Next step? I still have no other info on this account and have no direct account # other than the collectors account #.

 

 

Evidently this is for the county ems ride I took and not a hospital bill fyi.

 

*EDIT JUST GOT THE ACCOUNT # FROM THE OC?* RUN NUMBER?P

 

Thanks guys

Edited January 4, 2010 by clutchmastercory