Teacup9
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Thanks so much for all your help. I see the 3 year SOL on your site, but I can't find confirmation of that for NJ anywhere else. Is it possible it changed? All I can find for NJ medical is 6 years is SOL. No idea what triggered this. My husband's mortgage was sold to another company so maybe they thought we were house shopping but the mortgage isn't on my credit reports and no medical hit his. Meanwhile I can't get a new credit card with this negative on Experian. It won't help to appeal to the CFBP? Tell them the CA never provided HIPAA nor proof of a current relationship with the OC? Or show that the account doesn't reflect the current EOB?
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CFBP has closed the case but I can submit a response before February. Experian and the CA have both sent me back the same paperwork the CA has repeatedly sent as "verification". Experian's response to the CFBP is pasted below. I can send CFBP the new EOB from insurance showing a larger payment was made (the EOB also states I could owe them more for being out of network), but I'd appreciate any help on the wording or any other ways to respond. Company's Response Thank you for submitting your dispute on October 19, 2023, through the CFPB Complaint Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed and considered the information, including the attachments, you have supplied through the CFPB portal and directly to Experian. You indicate that unauthorized is on your credit report. You are requesting to have the disputed items corrected inaccurate deleted from your report. Per your request to conduct a reinvestigation, we contacted the data furnisher(s) for disputed items on your Experian credit report and asked them to verify the accuracy of the information with which you disagree. They responded and verified that the remaining disputed information was accurate as reported. Other aspects of the disputed item(s) may have also been updated by the data furnisher(s). The results summary was sent to you for review. If you have any additional supporting new documentation regarding the disputed information or any new disputes, you may forward that to Experian for further review. If you disagree with the results of the reinvestigations, it is your legal right, under the FCRA, to add a 100-word statement specifying the nature of your dispute. The consumer statement will appear on your credit report and be viewable upon inquiry. If you would like our assistance in providing a concise statement, please contact us directly at the telephone number or address provided on your personal credit report and we would be happy to assist you. You may refer to the credit report that you received for the name, phone number (if available) and address of the data furnisher or public records office name who verified that information. When you dispute the accuracy or completeness of information on your personal credit report and tell us specifically why you believe the information is inaccurate or incomplete, we process your dispute as required by law. We contact the furnisher of the information or the vendor that collected the information from a public record source such as a court or other government office. We ask the furnisher or the vendor to verify all of the information regarding the item you disputed, and report back within 30 days of the date that we received your request (21 days for Maine residents and 45 days for disputes of information on an annual free credit report). We review and consider the response to determine whether to accept it, reject it, or follow up for additional information. If, after processing, we find that the disputed information is inaccurate, incomplete or cannot be verified, we then delete that information, or modify that information, as appropriate, based upon your dispute and the results of our processing. If we do not receive a response from the furnisher or the vendor within the required period, we update the item as you have requested or delete the information, and send you the results. In some instances, upon reviewing your credit file and any relevant information you have submitted to us, we are able to determine whether the disputed information should be changed or deleted without having to contact the furnisher or the vendor. After we complete our processing, we send you the results. In addition to your right to dispute information in your credit file with the credit reporting agencies, you also have the right to dispute information in your credit report directly with the furnisher of the information. According to the Fair Credit Reporting Act (FCRA), a national consumer credit reporting agency’s role in the dispute process is to review the accuracy and completeness of any disputed item which may include contacting the furnisher of the information or the vendor that collected the information from a public record source, such as a court or other government office, notifying them of the disputed information and disclosing all relevant information regarding the consumer’s dispute. In order to help resolve the consumer’s dispute, Experian will review all relevant documents submitted by the consumer with the dispute and will forward such documents to the furnisher if Experian is unable to resolve the issue based on those documents. Consumers may also contact creditors directly to dispute items reported by the creditor. If the issue is not resolved, then the consumer credit reporting agency must offer to include a consumer statement on the personal credit report. Please note that there is nothing a credit repair company can do for you, including removing inaccurate credit information that you can’t do for yourself for free. We believe it is important to supply you with information about specific credit repair laws. The Credit Repair Organization Act, a federal law, prohibits credit repair companies from taking consumer’s money until they have fully completed the services they promised. It also requires such firms to provide consumers with a written contract stating all the services to be provided and the terms and conditions of payment. Under this law, consumers also have three days to withdraw from the contract. Please contact your local Attorney General’s office for further information regarding your specific state laws. In addition, for more information regarding your credit and frequently asked questions, you may visit: http://www.experian.com/blogs/ask-experian. For additional assistance, you write to Experian at P.O. Box 9701, Allen, TX 75013 or by our document upload service: experian.com/upload. For more information regarding your credit and frequently asked questions, you may visit: http://www.experian.com/blogs/ask-experian. Thank you for submitting your dispute through the CFPB Complaint Portal. It is our policy to respond to consumer complaints swiftly and to take each dispute seriously. We appreciate you letting us know about your experiences with Experian.
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You are probably right. But the isurance payment may have come a few days after the last credit report Experian sent and the last "validation" the company set. I think the collection agency already responded to the CFBP? The CFBP emailed that the company was working on it. The CA has sent me the same papers at lease four times, I assumed the most recent one was their response to the CFBP? I'm trying to log in to the CFBP to amend the complaint but they are locking me out and not resetting my password so I will try later. Should I sent the letter to the OC with the EOB even if technically they are out of network and can charge more than the EOB? https://whychat.me/hipltr.html
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Experian has responded "outcome remains" "The company that reported the information has certified to Experian that the information is accurate. This item was not changes as a result of our processing of your dispute. " I filed the CFPB complaint. https://whychat.me/hipaaftccomp.html Also of note my health insurance has since sent the original creditor more money, but not the entire amount the collection agency is asking for. My new EOB says that I might owe more because the provider was out of network. I'm not sure where to go from here. It's never been this hard to remove things before.
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Yes I opted out. Yes I took the next step. The CRA received the re-dispute with the enclosed copy of the validation request and proof of delivery sent to the CA a couple of days ago. I'll wait 30 days and if it doesn't delete I'll try filing the CFPB complaint and send a copy to the CRA. Thank you again. Then why are all Why Chat's letters asking for the CA to show proof of ownership of the debt and HIPAA agreement to have/view medical records? Why would he confirm those two things again?
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I sent both letters. The CA sent my letter and proof of receipt back to me with the same letter as before saying "enclosed is validation of the debt" and a copy of the dr bill and blew up some doctors notes claiming patient was notified doctor was out of network and agreed to service anyway. No HIPAA, no paperwork showing ownership of the debt. The CRA received my letter this Monday. The CA in collections is still reporting. There are two comments saying " Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)."
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The CA is SUMMIT COLLECTION SERVIC in NJ. They sent a letter saying enclosed was validation of the debt. a copy of the provider's original bill, the insurance company's Provider Remittance Advice showing the insurance company paid the in-network amount and an asterisk next to "Payer initiated reductions - services not provided by network/primary care providers", and a page of medical records including a note stating the patient requested the service and was told the provider was out of network and asked to proceed anyway. Yes, I sent Experian the initial dispute letter you linked there. Initially Experien sent a letter back saying "We received a recent request regarding your credit information that does not appear to have been sent directly by you or to be authorized by you. As a precautionary measure, we have not taken any action on your alleged request. According to the federal Fair Credit Reporting Act, "if the completeness or accuracy of any item of information contained in a consumer's file at a national consumer credit reporting company is disputed by the consumer and the consumer notifies the company directly of such dispute, the company shall reinvestigate free of charge." Therefore, you can dispute any inaccurate information directly with Experian for free." I ignored their response. Just checked the credit report every week and the 8000 debt was still there. Then I got the validation letter from the collection agency. My plan had been to send the EOB to the OC in the HIPAA LETTER LETTER TO HEALTH CARE PROVIDER with insert b "this bill is incorrect" https://whychat.me/hipltr.html but in the drama it took to obtain my EOB I learned this provider was not in network and allowed to balance bill. I thought NJ law had switched medical to 6 years because I can't find anything confirming 3 years. If it is still 3 years I guess I'll go to this https://whychat.me/nottoca.html Yes only Experian so far. Sorry for the double posting, I just noticed new threads get responses far more than updates to new ones. I'll stop.
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Thank you for replying. Yes we have a long list of crap experiences from self funded. SOL for both the debt and credit reporting are 6 years in NJ. We're at 3. Last time we got sued an inexpensive lawyer got it reduced by 50%, but they were asking for about $1000 and it was the co-insurance rate as per the EOB. I am wondering if there is an argument for not billing $8000+ for what UHC pays in network $600. Some sort of fair billing law in effect in NJ in 2020? There are more protective laws in place now but I'm struggling to access 2020 laws. This whole thing has been a frustrating mess. First my EOBs were not available through UHC, they couldn't find them, etc it was a run around. I only got the EOBs by complaining to self funded company HR. Only after I had the EOBs could I get more information out of UHC. They did an inquiry and determined what they paid was final. They also said we're past the time limit to appeal. Seems unfair that I can be sued for up to 6 years, when there is a short time limits on appeals, but that's the systems we live with. If I follow up on my HR complaints they could help or could make sure UHC stays out of it. We've had positive and negative experiences with this route. If I continue to pressure UHC they pay work something out with the original creditor, but they could not and put me on the radar to sue. It is also possible that the standard letters telling the original creditor the bill is incorrect as per the EOB will work because no one will notice the plan is self funded or that the newer laws didn't apply in 2020? I'm going nuts with the gamble. I like to churn credit cards and this $8000 is ruining it. I feel like it will raise our car insurance rate too.
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$8000+ medical collections from 2020 showing on Experian I sent Experian initial letter. Collection agency responded verifying the debt. Included with the verification is some medical record of the ER visit, including a note that I was notified the provider was out of network and consented to treatment (I do not remember this at all. I was in the ER treated by multiple people and only this provider's bill is an issue.) My Explanation of Benefits shows insurance paid this provider around $600 and my portion is the standard 20% co-insurance. When I spoke to my insurance about the balance billing they said it was not balance billing. They said out of network providers can bill me for amounts over the in network rate. They said exception for treatment in the ER does not apply because the insurance is self funded through the employer (and managed by UHC). I am concerned that sending the original creditor the letter with option b that this bill is in correct along with the EOB will put me on their radar to sue. Obviously I'd rather the debt sit on my credit report for 3 years than be sued. But is this a rational fear or should I still try to remove it?
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I wanted to confirm the wording of the HIPAA LETTER LETTER TO HEALTH CARE PROVIDER https://whychat.me/hipltr.html when using Insert "b" and the EOMB shows I "may" owe under $200 co-insurance whereas the Provider billed over $8000 and sent it to collections. Should I write. "This account is a billing error. (Documentation from insurance attached)." And then just include the EOB? Thank you for your help. (insert b) This account is a billing error. (1) It has been paid,( proof of payment attached) . (2) It was not properly transmitted in a timely manner to my insurance company.( Documentation from insurance attached) (3) It was submitted to, or should have been submitted to ( name of State) for indigent care.( Statute # if available) LOOK UP YOUR STATE It is not a valid bill and has been properly disputed, therefore I request complete deletion from all your agent (name of CA)'s records and archives.
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"You are Being Sued" letter...
Teacup9 replied to Teacup9's topic in Medical Billing & Medical Collections
Thank you. Any advice on where to quickly com eup to speed? So far I'm waiting on lawyers to call back. I'm debating paying the hospital directly (can only do so online but it will document with the correct account number or attempt to send in a money order certified/return receipt) and answer the suit saying it's already paid. This would be just under $4,000. Or call the collection agency/plaintiff lawyer and work out their request for just under $2,000. Any advice on which would be easiest to remove from credit report going forward? I'm assuming if we show the court it is paid or work things out with the CA there will be no judgement on file? And if we contact the collection agency and ultimately pay them will they come after us for the full $4000 anyway? There is the added risk that other members of the household owe money to this hospital and they could keep filing law suits after seeing that we respond and pay. -
"You are Being Sued" letter...
Teacup9 replied to Teacup9's topic in Medical Billing & Medical Collections
I apologize. I found the court filing. It is in their system. It also says my husband was served by leaving notice with him. Does that mean just mailing it was enough? His explanation of benefits shows multiple billings from this hospital. In one he owes over 3k and one claim was denied saying he owes 25k. This suit is for under 2k. So I do not know how to determine what service they are actually billing for. It could also potentially be for one of our children, but I do not see any recent 2 year old or less services provided from them. I guess I'm off to the other forum. And maybe hire a lawyer? Just worried they will charge much more than the alleged 2k bill, but I'm feeling like if my husband shows up alone he will not be armed with the right questions and information to best pay and leave with as little damage as possible. -
"You are Being Sued" letter...
Teacup9 replied to Teacup9's topic in Medical Billing & Medical Collections
The searches on that page are all powered by Intelius which makes me feel like I'm giving them more information than they are giving me and they charge over $20 for the report. Was that the only way to look this up? I don't see a place to enter his name or the hospital name that doesn't link to the Intelius search. I can see the name of the court, correct address, correct clerk name, etc is on the "you are being sued" document that was mailed. And it is our county of residence. But I do not see how to otherwise look up if anything was filed on their end. Thank you so much for replying. I've been using your letter writing site with great success to clean up our credit reports from random medical bills that hit the account. The date of the service is not on the notice to file suit. I can't be sure from our EOB which service from this hospital the suit is in reference to. Myself, my husband, and our children, all presumably with my husband as the financial guarantor, have used their facilities within the past 2+ years. No exact co insurance (our responsibility) from the EOB matches this exact amount, but it is possible if I spent hours puzzling together various co-insurance amounts from the EOB I could add up some of them to equal this amount. But there was no easy match standing out to me there. Complicating the situation is we often have insurance deny or over turn claims and the hospital resubmits or contests this and sometimes ask us to call the insurance company to do the same. So from the three claims I've seen our insurance company denied or overturned in the last two years from them, those bills do not equal what the suit is stating, but my experience with this insurance company is that they could be over turning something new or finally agreeing to pay something I'll learn about next month. I will check out the "help i've been serve" just trying to figure out if we have been served. I presume if we have at that point we need a lawyer. I am just concerned, because the amount they are asking for is so low, I'd prefer to know if there is a way to pay the hospital directly and prevent a judgement from hitting our credit report. -
My husband received a letter with a hospital listed as the plaintiff and a lawyer and law firm listed as the plaintiff's attorney. There is no docket number or signature just the name of the Superior Court clerk typed at the bottom. The first letter arrived in the mail. A second one arrived about a week later in an envelope marked "certified mail" but no one signed for anything and there was not attached card or space for a certified mail card to be attached to the envelope. The state is NJ. Not sure how to check on the legitimacy of this. I've read that in some states like MN it is hard to know if you are being sued because a letter can be sent without docket numbers and it is hard to call the court to determine the validity. I can't find the expectations in NJ, but I believe you need to receive an actual certified letter not just one that says "certified mail" on the envelop or be served. The number does not match anything on credit reports. It would take a long time to go through the explanation of benefits back through 7 years and every bill we've received from the hospital. The total we've probably owed this hospital as ourselves and parents is probably over 10k. This notice to sue is under $2000. Just trying to show that trying to puzzle together the bills included in the amount owed on this notice to sue from the EOB would be hours of work. I'm also questioning what hospital would sue someone for such a small amount. I always assumed this law firm was just a CA used by the hospital, but I didn't think they were so unethical as to fake a lawsuit.