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Posted

I appreciate anyone's help, don't want to do the wrong thing.

 

So I have several medical bills from 2008 from the same Appendix removal surgery from when I didn't have insurance in Alaska. I've never been contacted by either of the two CA's that are reporting the accounts to the credit bureaus. I want to send validation letters to try to get them removed, but I'm scared that this will let them know where I am now at (Montana) and allow them to pursue legal action against me after they do validate the debt. This is scary because two of the bills are incredibly high (19,000 and 4,000). Should I be concerned about this? Would I be better off waiting until the SOL on the debt expires? And if so, do I go by Alaska or Montana's SOL?

 

Thanks so much for your help!


Posted

I appreciate anyone's help, don't want to do the wrong thing.

 

So I have several medical bills from 2008 from the same Appendix removal surgery from when I didn't have insurance in Alaska. I've never been contacted by either of the two CA's that are reporting the accounts to the credit bureaus. I want to send validation letters to try to get them removed, but I'm scared that this will let them know where I am now at (Montana) and allow them to pursue legal action against me after they do validate the debt. This is scary because two of the bills are incredibly high (19,000 and 4,000). Should I be concerned about this? Would I be better off waiting until the SOL on the debt expires? And if so, do I go by Alaska or Montana's SOL?

 

Thanks so much for your help!

Opt out- DO THIS FIRST!!!

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

 

Get your credit reports:

To order, visit annualcreditreport.com,or call 1-877-322-8228

 

Get old addresses deleted, handwrite a letter to each CRA asking them to delete your Alaska addresses as invalid, tell them you are concerned about ID theft/fraud and are supplying them with proof of your current correct address. Include a copy of your SS card, a copy of your drivers license and an ORIGINAL recent utility bill as proof of your identity.

 

Did you get any bills directly from the hospital?? Did you apply for assistance at the time??

 

As soon as ALL the above have been accomplished send each CRA this:

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

 

The legal SOL for being sued is 4 years, HOWEVER if one of these accounts is a hospital they may be protected against the "SOL" limits in the Courts if they are eligible for reimbursement from taxpayer $$ for "no-pays". If you were contacted by the hospital, and/or if you received any correspondence from any assistance plan denying your eligibility, AND if your credit reports might indicate that you have assailable assets then I suggest you just get your old addresses off your reports and send the initial dispute letter and do nothing further.

Posted

>>Opt out- DO THIS FIRST!!!

http://www.whychat.5...OPTOUTINST.HTML<<

 

I have completed this.

 

>>Get your credit reports:

To order, visit annualcreditreport.com,or call 1-877-322-8228<<

 

I have completed this.

 

>>Get old addresses deleted, handwrite a letter to each CRA asking them to delete your Alaska addresses as invalid, tell them you are concerned about ID theft/fraud and are supplying them with proof of your current correct address. Include a copy of your SS card, a copy of your drivers license and an ORIGINAL recent utility bill as proof of your identity.<<

 

Sent these letters in today, is there ever any problem getting these removed? Seems since they are valid old addresses that they wouldn't want to just take them off there.

 

>>Did you get any bills directly from the hospital?? Did you apply for assistance at the time??<<

 

No I did not. It was a hard time in my life and the address they had for me was an old one, so I never actually received a bill from the hospital.

 

>>As soon as ALL the above have been accomplished send each CRA this:

http://www.whychat.5.../hipaadisp.html<<

 

Do I send each CRA five letters, one for each separate collection?

 

>>The legal SOL for being sued is 4 years, HOWEVER if one of these accounts is a hospital they may be protected against the "SOL" limits in the Courts if they are eligible for reimbursement from taxpayer $$ for "no-pays". If you were contacted by the hospital, and/or if you received any correspondence from any assistance plan denying your eligibility, AND if your credit reports might indicate that you have assailable assets then I suggest you just get your old addresses off your reports and send the initial dispute letter and do nothing further.<<

 

I did not have any insurance so I was never denied eligibility. I was never contacted by the hospital. So if I understand this right I don't send anything at all to the CA's, just the CRA's? Once my addresses are deleted I will get started! I'm just scared of getting sued....

 

Thank you so much for your help! Have a great day!

Posted

>>Opt out- DO THIS FIRST!!!

http://www.whychat.5...OPTOUTINST.HTML<<

 

I have completed this.

 

>>Get your credit reports:

To order, visit annualcreditreport.com,or call 1-877-322-8228<<

 

I have completed this.

 

>>Get old addresses deleted, handwrite a letter to each CRA asking them to delete your Alaska addresses as invalid, tell them you are concerned about ID theft/fraud and are supplying them with proof of your current correct address. Include a copy of your SS card, a copy of your drivers license and an ORIGINAL recent utility bill as proof of your identity.<<

 

Sent these letters in today, is there ever any problem getting these removed? Seems since they are valid old addresses that they wouldn't want to just take them off there.

 

>>Did you get any bills directly from the hospital?? Did you apply for assistance at the time??<<

 

No I did not. It was a hard time in my life and the address they had for me was an old one, so I never actually received a bill from the hospital.

 

>>As soon as ALL the above have been accomplished send each CRA this:

http://www.whychat.5.../hipaadisp.html<<

 

Do I send each CRA five letters, one for each separate collection? No. you LIST each medical account as it appears on the report you are disputing, like this:

Dear CRA,

 

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

 

I am sending this dispute certified mail # xxxx to make sure you receive it.

 

I have no knowledge or records of the following accounts on my report # xxxxx.

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

 

Please advise me as to the names and addresses of the medical providers, the dates and types of services,and to whom the services were provided, as any accounts I might have had may be obsolete.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies which may include a complaint against your agency to the OCR on HIPAA violations.

 

Please take notice that your Credit Reporting Agency falls within the purview 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.

 

You are therefore now subject to the jurisdiction of the OCR for HIPAA violations,and the penalty rules of the HITECH Act as issued 11/30/2009.

 

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic this is helps prevent the automated scanning/reading/response computer programs from "reading" your letter as they can not read handwriting or distinguish font in the same color family as a background pattern).

 

DO NOT send it RR -WAIT FOR THE FULL RESPONSE FROM THE CRA BEFORE CONTINUING WITH THE HIPAA LETTER PROCESS

 

>>The legal SOL for being sued is 4 years, HOWEVER if one of these accounts is a hospital they may be protected against the "SOL" limits in the Courts if they are eligible for reimbursement from taxpayer $$ for "no-pays". If you were contacted by the hospital, and/or if you received any correspondence from any assistance plan denying your eligibility, AND if your credit reports might indicate that you have assailable assets then I suggest you just get your old addresses off your reports and send the initial dispute letter and do nothing further.<<

 

I did not have any insurance so I was never denied eligibility. I was never contacted by the hospital. So if I understand this right I don't send anything at all to the CA's, just the CRA's? Once my addresses are deleted I will get started! I'm just scared of getting sued....

 

Thank you so much for your help! Have a great day!

Posted

>>Opt out- DO THIS FIRST!!!

http://www.whychat.5...OPTOUTINST.HTML<<

 

I have completed this.

 

>>Get your credit reports:

To order, visit annualcreditreport.com,or call 1-877-322-8228<<

 

I have completed this.

 

>>Get old addresses deleted, handwrite a letter to each CRA asking them to delete your Alaska addresses as invalid, tell them you are concerned about ID theft/fraud and are supplying them with proof of your current correct address. Include a copy of your SS card, a copy of your drivers license and an ORIGINAL recent utility bill as proof of your identity.<<

 

Sent these letters in today, is there ever any problem getting these removed? Seems since they are valid old addresses that they wouldn't want to just take them off there.

 

>>Did you get any bills directly from the hospital?? Did you apply for assistance at the time??<<

 

No I did not. It was a hard time in my life and the address they had for me was an old one, so I never actually received a bill from the hospital.

 

>>As soon as ALL the above have been accomplished send each CRA this:

http://www.whychat.5.../hipaadisp.html<<

 

Do I send each CRA five letters, one for each separate collection? No. you LIST each medical account as it appears on the report you are disputing, like this:

Dear CRA,

 

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

 

I am sending this dispute certified mail # xxxx to make sure you receive it.

 

I have no knowledge or records of the following accounts on my report # xxxxx.

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

 

Please advise me as to the names and addresses of the medical providers, the dates and types of services,and to whom the services were provided, as any accounts I might have had may be obsolete.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies which may include a complaint against your agency to the OCR on HIPAA violations.

 

Please take notice that your Credit Reporting Agency falls within the purview 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.

 

You are therefore now subject to the jurisdiction of the OCR for HIPAA violations,and the penalty rules of the HITECH Act as issued 11/30/2009.

 

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic this is helps prevent the automated scanning/reading/response computer programs from "reading" your letter as they can not read handwriting or distinguish font in the same color family as a background pattern).

 

DO NOT send it RR -WAIT FOR THE FULL RESPONSE FROM THE CRA BEFORE CONTINUING WITH THE HIPAA LETTER PROCESS

 

>>The legal SOL for being sued is 4 years, HOWEVER if one of these accounts is a hospital they may be protected against the "SOL" limits in the Courts if they are eligible for reimbursement from taxpayer $$ for "no-pays". If you were contacted by the hospital, and/or if you received any correspondence from any assistance plan denying your eligibility, AND if your credit reports might indicate that you have assailable assets then I suggest you just get your old addresses off your reports and send the initial dispute letter and do nothing further.<<

 

I did not have any insurance so I was never denied eligibility. I was never contacted by the hospital. So if I understand this right I don't send anything at all to the CA's, just the CRA's? Once my addresses are deleted I will get started! I'm just scared of getting sued....

 

Thank you so much for your help! Have a great day!

 

Thanks! One last question... do I still use this process even if I have no ability to pay the OC?

Posted (edited)

>>Opt out- DO THIS FIRST!!!

http://www.whychat.5...OPTOUTINST.HTML<<

 

I have completed this.

 

>>Get your credit reports:

To order, visit annualcreditreport.com,or call 1-877-322-8228<<

 

I have completed this.

 

>>Get old addresses deleted, handwrite a letter to each CRA asking them to delete your Alaska addresses as invalid, tell them you are concerned about ID theft/fraud and are supplying them with proof of your current correct address. Include a copy of your SS card, a copy of your drivers license and an ORIGINAL recent utility bill as proof of your identity.<<

 

Sent these letters in today, is there ever any problem getting these removed? Seems since they are valid old addresses that they wouldn't want to just take them off there.

 

>>Did you get any bills directly from the hospital?? Did you apply for assistance at the time??<<

 

No I did not. It was a hard time in my life and the address they had for me was an old one, so I never actually received a bill from the hospital.

 

>>As soon as ALL the above have been accomplished send each CRA this:

http://www.whychat.5.../hipaadisp.html<<

 

Do I send each CRA five letters, one for each separate collection? No. you LIST each medical account as it appears on the report you are disputing, like this:

Dear CRA,

 

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

 

I am sending this dispute certified mail # xxxx to make sure you receive it.

 

I have no knowledge or records of the following accounts on my report # xxxxx.

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

account # xxxxx from xxxxxx

 

Please advise me as to the names and addresses of the medical providers, the dates and types of services,and to whom the services were provided, as any accounts I might have had may be obsolete.

 

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies which may include a complaint against your agency to the OCR on HIPAA violations.

 

Please take notice that your Credit Reporting Agency falls within the purview 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.

 

You are therefore now subject to the jurisdiction of the OCR for HIPAA violations,and the penalty rules of the HITECH Act as issued 11/30/2009.

 

Very truly yours,

 

xxxxxx

Make sure you HAND ADDRESS the envelope, use personalized stationery and purple or teal font, ( preferably italic this is helps prevent the automated scanning/reading/response computer programs from "reading" your letter as they can not read handwriting or distinguish font in the same color family as a background pattern).

 

DO NOT send it RR -WAIT FOR THE FULL RESPONSE FROM THE CRA BEFORE CONTINUING WITH THE HIPAA LETTER PROCESS

 

>>The legal SOL for being sued is 4 years, HOWEVER if one of these accounts is a hospital they may be protected against the "SOL" limits in the Courts if they are eligible for reimbursement from taxpayer $$ for "no-pays". If you were contacted by the hospital, and/or if you received any correspondence from any assistance plan denying your eligibility, AND if your credit reports might indicate that you have assailable assets then I suggest you just get your old addresses off your reports and send the initial dispute letter and do nothing further.<<

 

I did not have any insurance so I was never denied eligibility. I was never contacted by the hospital. So if I understand this right I don't send anything at all to the CA's, just the CRA's? Once my addresses are deleted I will get started! I'm just scared of getting sued....

 

Thank you so much for your help! Have a great day!

 

Thanks! One last question... do I still use this process even if I have no ability to pay the OC?

Yes,

It is more than likely that the initial dispute letter will get you a deletion of these accounts, especially if you are successful in getting your old addresses deleted.

 

The CAs are not in a position to sue you as with a medical account they would have to have been the original first assigned CA and still be in a current business relationship with the hospital. This is not likely given the time involved. Even IF they are the original CAs and even IF the hospital wanted to sue you, they couldn't do so as you are in a different State

Edited by Why Chat
Posted

Thank you Whychat, that is awesome news! So I wait to send the HIPPA dispute until I hear back from the CRA's regarding my address removal, correct? Do I proceed whether or not this is successful? I appreciate all of your help so much.

  • 3 weeks later...
Posted

Update - TU and EQ deleted old addresses, EX wouldn't budge.

 

I sent the intitial dispute to each CRA certified mail with funny font and watermark, TU and EQ confirmed received yesterday, but it says the EX one hasn't been picked up because no authorized signer was available. That was yesterday, still says the same today. Is that normal, will they eventually sign for it?

Posted

HELP!!! Update!

 

Haven't heard back from any of the CRA's yet, but the collection agency that holds the two large collections (19,000 and 4,000) just tried to call me. I told them I was busy at work and would call them back... should I.. I don't know what to do!

Posted

HELP!!! Update!

 

Haven't heard back from any of the CRA's yet, but the collection agency that holds the two large collections (19,000 and 4,000) just tried to call me. I told them I was busy at work and would call them back... should I.. I don't know what to do!

Well, first of all, if you followed the instructions and sent the initial dispute to the CRAs certified ONLY without a return receipt there should have been nothing to sign for.

 

As to the call, do you have caller ID?? Can you tell where they were calling from??

 

Go to this link, look up your State, see if out of State collection agencies are permitted to collect within your State.

 

http://whychat.5u.com/States/states.html

 

PM me the data( your State and the CA name) and I will see what they can and can't do.

Posted

HELP!!! Update!

 

Haven't heard back from any of the CRA's yet, but the collection agency that holds the two large collections (19,000 and 4,000) just tried to call me. I told them I was busy at work and would call them back... should I.. I don't know what to do!

Well, first of all, if you followed the instructions and sent the initial dispute to the CRAs certified ONLY without a return receipt there should have been nothing to sign for.

 

As to the call, do you have caller ID?? Can you tell where they were calling from??

 

Go to this link, look up your State, see if out of State collection agencies are permitted to collect within your State.

 

http://whychat.5u.co...tes/states.html

 

PM me the data( your State and the CA name) and I will see what they can and can't do.

 

I did send certified only, no green cards... it is being marked as delivered now. Yes, they called from Alaska,... I will PM you the details.

Posted

Update!

 

Checking my TU report today,, I had a deletion finally! The smallest of the 7 collections was deleted! Is it likely since they deleted one from this collection agency that they will end up deleted the other four accounts this CA holds?

Posted

Update!

 

Checking my TU report today,, I had a deletion finally! The smallest of the 7 collections was deleted! Is it likely since they deleted one from this collection agency that they will end up deleted the other four accounts this CA holds?

Did you send them the letter I PMd you??

Posted

Yes, I sent the letter you PM'ed me, but that went to Doctors Collection Service. There are two CA's (Doctors and Cornerstone), Doctors has the two larger accounts and Cornerstone has the 5 smaller ones.... these are all stemming from the same ER Appendix removal. Doctors should receive the letter tomorrow. The one that was removed was Cornerstone, however they still hold 4 other accounts, and still all five on EQ and EX... from what I've read TU seems to be the easiest of the three battles.

Posted

Yes, I sent the letter you PM'ed me, but that went to Doctors Collection Service. There are two CA's (Doctors and Cornerstone), Doctors has the two larger accounts and Cornerstone has the 5 smaller ones.... these are all stemming from the same ER Appendix removal. Doctors should receive the letter tomorrow. The one that was removed was Cornerstone, however they still hold 4 other accounts, and still all five on EQ and EX... from what I've read TU seems to be the easiest of the three battles.

Send the medical DV to Cornerstone

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

( once you have a response from the CRAs from your initial dispute letter)

 

and then send the CRAs the follow up dispute

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

 

In addition, once you have proof of receipt of the "special" DV you sent to Doctors Collection Service, you can include THAT copy and reference in the follow up letters to the CRAs

Posted

Whychat, one question,

 

What if I get proof of receipt of the "special DV" to Doctor's before the CRA's respond to the intital dispute (which seems likely since I'll probably have the proof tomorrow or the next day). Do I still send the follow-up to the CRA's with a copy of the letter, or do I wait until the CRA's respond to the intial dispute before moving further?

Posted

Also, on the medical DV to Cornerstone, on the part where it says "account that may be time-barred as well as in violation of (name of your State) medical privacy rules." do I put Montana or Alaska? Cornerstone, as with Doctor's, is based out of Alaska but I am now living in Montana.

Posted (edited)

Also, on the medical DV to Cornerstone, on the part where it says "account that may be time-barred as well as in violation of (name of your State) medical privacy rules." do I put Montana or Alaska? Cornerstone, as with Doctor's, is based out of Alaska but I am now living in Montana.

Doesn't matter-- 4 years under each State's UCC ( Uniform Commercial Code) is the legal SOL, put both.

 

And remember the phrase is "account that may be time-barred "

Edited by Why Chat
Posted

Update - Got my first CRA response in the mail today, and it's not good. Equifax verified all 7 items. Nothing back from TU or EX yet, but TU has deleted one already. Nothing else happening at this point.

  • 2 weeks later...
Posted

Whychat -

 

So I received a response from Doctor's (the one's I sent the special DV to). On the start of the letter is a statement of my account with them, which includes the 2 huge collections on my report and four other accounts that don't appear on my report (I"m assuming since the dates are from 2004) All they said is this

 

Your account(s) is accumulating interest. To avoid further interest charges, it would be to your advantage to pay in full today or call our office to make payment arrangements.

 

Please make a check or money order out to: Doctor's collections service

 

This is an attempt blah blah.

 

That is it. They did, however, include the original emergency room bill and the bill from the doctor who performed the appendectomy. So that's where we are at there.

 

I am still waiting for EX to respond to my inital dispute, then I will send the follow up letters and the DV to Cornerstone, the other collection agency.

Posted

Whychat-

 

I guess I kind of forgot to ask my question in the above post. Since it appears that Doctor's has validated the debt by providing the original bills, am I just out of luck with them? Do I still include them in my follow up to the disputes with the CRA's after I hear back from Experian? If I am out of luck, do I have any other options for removal? Can I try to contact the hospital and surgeon and set up a payment plan with them in exchange for withdrawing my account from Doctors Collections? I'm really hoping to buy a house in the next year and with these large medical bills that I am unable to pay I don't really know what to do.

Posted (edited)

Whychat-

 

I guess I kind of forgot to ask my question in the above post. Since it appears that Doctor's has validated the debt by providing the original bills, From several years ago!! They have NO current relationship with the OC as they would not have illegally threatened legal action if they were still in a current business relationship am I just out of luck with them? Do I still include them in my follow up to the disputes with the CRA's after I hear back from Experian? If I am out of luck, do I have any other options for removal? Can I try to contact the hospital and surgeon and set up a payment plan with them in exchange for withdrawing my account from Doctors Collections? I'm really hoping to buy a house in the next year and with these large medical bills that I am unable to pay I don't really know what to do.

Were you able to get your Alaska addresses deleted from your reports??

 

It is NOT the OC that is reporting, it is the CA, simply because they have the account data does NOT neccessarily mean they have a current business relationship with the OC, do not confuse the issue, the fact that they are called "Doctors" does NOT make them medical professionals.

 

Continue with the program, if you contact the OC and try to make an arrangement all they will do is to refer you to the CA and you will be back at square one.

Edited by Why Chat
Posted

Equifax and Transunion deleted all Alaska addresses, Experian would not. I'll continue with the program... just a note though they never have threatened legal action, at least to this point.

Posted

Equifax and Transunion deleted all Alaska addresses, Experian would not. I'll continue with the program... just a note though they never have threatened legal action, at least to this point.

Well, they may not have directly threatened legal action-- but they DID call you and you DID speak to them if only to say that they should call back.

 

Alaska is subject to the same laws as the "bottom 48" they are required to contact you in writing within 5 days of any initial contact. Their letter to you was NOT a follow up to their collection call but was in response to your medical DV. The phrase "it is to your interest" to pay them is (in my opinion) a veiled threat of legal action.

The last post in this topic was posted 5023 days ago. 

 

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