OK, I have been working on 3-4 collection accounts for my mom. I opted out, deleted addresses, and sent the Medical dispute letter to both CRA's (TU, EX) reporting the collection. TU sent a letter verifying the debt, EX says they are investigating.

Wow, Sorry about that, post went before I was ready .

The question I have is this: the collections are all past the SOL (service occurred in 1999), and a result of the bills not being sent to the insurance in a timely manner (went to ins. in 2001). The CA changed the date of service to 2003. Should I dispute with the OC based on the insurance issue or send the medical account DV/SOL/ cease/desist letter to the CA?
I want to approach this in the most appropriate and effective manner I can.

Thanks in advance .

If the accounts were not deleted with the medical dispute letter, then yes, send the medical dv/sol letter to the CA.
http://whychat.5u.com/ltrcavalhipaa.html

and then send the follow up dispute
http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

Wait a while as TU frequently sends an automated "quicky" response verification, but actually deletes.

Whychat,
45 days after the initial dispute, I mailed your DV/C&D letter to the CA and the follow up letter to the CRA. As of now I have received a letter from TU that states verification docs not available, please contact your creditors directly and one from EX that says they already investigated and the credit grantor verified its accuracy. I'm guessing this is their definitive answer?

In the mean time, I also received a letter from the collection agency requesting the basis for the dispute, documentation to support the dispute, SSN, DOB, and previous addresses.
Also, received a phone call, caller ID unknown and a message left on my ans. machine from someone with a number within 2 digits of the listed CA number.
Every thing is still on EX and TU won't allow online access to the report. How best to proceed from here?

Thanks again for all your help.

OK, let's take it one step at a time.

Your initial post was in Aug. you opted out, deleted old addresses and sent the medical dispute letter to TU and Eq, Ex was not reporting??

They verified, you sent the reporting CA the medical DV,
http://whychat.5u.com/ltrcavalhipaa.html
( one for TU and one for Eq in the same CMRR envelope)
upon receipt of the green card you sent Eq and TU the follow up dispute with a copy of their medical DV?
http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

Neither TU or Eq. deleted or marked the account as in dispute, you have checked the actual reports from each to make sure??

If so, file a complaint with the the FTC against TU and Eq, ( 2 separate filed complaints) Be sure to print out the complaint before clicking enter.
http://whychat.5u.com/hipaaftccomp.html

you should add this line to your complaint;
filed a proper dispute on an unknown and clearly obsolete medical account

You then redispute to Eq and TU, ( follow the directions)
Send a copy of the complaint with another dispute to each CRA.
Make sure that your follow up dispute to the CRA is addressed to their compliance dept. sent CMRR and includes this phrase;
"I reserve the right to take further action including filing appropriate complaints with ( your State) 's consumer protection agencies, the BBB and to take civil action to recover damages".

So, hold off on filing the complaint until I have access to a full TU report, correct?

Also, since my last post, I decided to use an opportunity to look at a new report from Equifax. Keeping in mind that the CA had not been reporting to Equifax at all and that the CA rec'd my letters ( C&D, right?) on the 18th of November. They are now, as of December of 2008, reporting to Equifax. I, personally, have had no contact with EQ at all. The Equifax report does have a notation that "Consumer disputes this account information, Medical". How does this change how I proceed, if at all?

You will have to send the initial medical dispute letter to Eq.

This is for your Mother?? Are you SURE about the date of service?? Does she have any bills from the OC?? Was the OC a hospital??
I think before you do anything else you should get her MIB report, as her data MAY have been mixed up with someone elses, or her ID used fraudulently.

http://www.mib.com/html/request_your_record.html

Yes, I'm trying to help my Mom get this straightened up. There are 3-4 collections reporting (depending on the CRA) the bills are from a physicians office, anesthesia group, therapy center, and outpatient surgery center. I think they were all owned by the same Dr.
She has a hand full of bills from the OC's and she has a print out from 3 of their offices from that time period showing her last visit at any one of the offices in that group to be 5/1999.
She also has an EOB for the surgery dated 5/2001 were the ins. denied payment due to the length of time since service. Unfortunately she does not have an EOB for the other bills.
She had a wreck in 1998 and as a result needed surgery on her hand and wrist. Surgery was in 1999. The Dr's office was to file with the auto ins. until it's injury limit was reached, then file the remaining with her personal ins. After the auto ins. limits were reached and despite repeated attempts from Mom and both of her ins. companies, the Dr's office continued to file with the auto instead of personal. By the time they finally filed with her personal ins. it was 2 years after the service (2001)and the ins. would not pay.
CA was assigned in 2004 and they make DOFD 10/2003. It amazes me after all this time the CA decided to report to EQ.


I went ahead and had her call for the MIB report, sounds like something that may need to be checked from time to time anyway.


We both really appreciate your help with this.

Just wanted to add that we called TU to get a copy of her report and the automated system said they could not send one because we had an open dispute/investigation and one would be sent at it's completion.
Sounds promising after the letter we received previously.

*Bump*

Short update and a few questions.

In just the last couple of days we have received updated full reports from both TU and Ex, in response to the follow-up dispute, verifying the accounts and both stating the accounts are being disputed. Ex has added a security alert.

Her MIB report came in and it is completely clean.

Since EX has added a security alert, it will automatically get added to the other CRAs, correct?

When the accounts were added to EQ, they showed up as being disputed by consumer (although I didn't dispute directly with them), will I benefit from removing old addresses or should I just go ahead and send the initial dispute letter?

Since the new reports show the items to be disputed, should I go ahead with filing an FTC complaint against EX and TU?

Should I respond in any way to the CA request for more information to verify?

Does any further action need to wait until after the dispute with EQ?

I'd really like to do whatever is necessary to get these cleaned up.

Your time and guidance is greatly appreciated.

Something that I hadn't given much thought to was brought to my attention in another thread.

Mom has moved since the date of service, but she still owns the house at the address she had then. Does that remove the need to have the old address deleted? She moved about 4-5 years ago if that makes any difference. I have a letter ready to go to EQ re: old addresses and I'll send it if necessary, I just wanted to check first.


Also, I have sent the follow-up dispute to TU and EX, http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE.
Both verified and list the accounts as disputed. Any further action currently needed with these 2, or do I wait until I get EQ to the same stage in the process?

I will send the initial dispute letter to EQ, as soon as the address issue is handled as needed.


Thanks!

If mail addressed to her at her "old" house is being forwarded by the PO OR if she is having her tenant pick up her mail and forward it to her, then YES get her old address deleted.

In the case of the poster who had JUST purchased a new home and had JUST moved, it wasn't important to delete any old address.

Thank you again.

I sent a letter requesting address removal following your response on 1/12. EQ received the letter 1/15, have yet to get a response.

In the meantime, we received a letter from EQ dated 1/14, Thanking Mom for requesting her credit file and giving her the results of her investigation, verifying the accounts. There has been no dispute sent to EQ from us.

I guess this is from the CA reporting the acct. as disputed?

What effect is this going to have on the actual medical dispute from her to EQ?


Also received 2nd letter from CA stating more info. is needed to process the "credit bureau dispute" and this time they were nice enough to enclosed an identity theft affidavit. Trying to get the info out of us any way they can.

OK, time to play "hardball" with this CA.

Have you filed the complaint with the FTC ?


File a complaint against the CA with the FTC, your State AG office and the BBB for fraudulent reporting of obsolete and unknown medical accounts by the CA, refusal to provide any documentation or validation of these unknown accounts and violations of the FCRA for fraudulent reporting without verifiable documentation.

Send a response to the CA as follows;
[b]Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CRRR#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter.

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Your legal staff will agree that compliance with this request is required under the laws of (State name) and Federal Statutes.

In addition to the questionnaire below, please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

As you have not complied with my prior request for validation of these unknown accounts, have continued to verify these fraudulently reported obsolete accounts and are in violation of the FDCPA and FCRA and (name of your State) Consumer Credit Laws, I have filed appropriate complaints with these authorities, and the BBB. ( copies attached)

I also hereby reserve my right to take private civil action against you to recover damages. Additionally, I reserve the right to file charges against your Company for attempted fraudulent extortion of a senior citizen.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

-------------------------------------------

Debt Validation Form
Questionnaire to be returned :
Account #: ____________________
Original Creditor's Name: _________________________________
Name of Debtor: ______________________________________
Address of Debtor: ___________________________________
Balance of Account: __________________________________
Date you acquired this debt: _________________________
This Debt was: assigned ___purchased___
Please indicated any credit bureaus to which you have reported on this account:
Experian ______
Equifax ______
TransUnion _____

Out of curiosity, why would EQ investigate an item, with no request from the individual on the report to do so? Is it SOP to investigate at the CA's request?

I'll start working on the recommended complaints.

Thanks again.

I was working on complaints to the BBB and the AG’s office and had a couple more questions.

The complaint form for the AG is a basic consumer complaint form, and has a few areas I wasn’t sure how best to fill in. They are all marked as required:

Date of Transaction:
(month/date/year)

Place of Transaction:


Product or Service involved:

Amount Paid:




On the BBB complaint, if I fill it out online, do you know if it gives the opportunity to print it ?

Also, under settlement requested, just request accounts be removed from CRA & collection activities ceased?

I hate having to bother you with more questions, but I’m sure glad you’re here to answer them.

In all seriousness, Thank you for continuing to help me with this. I know Mom wouldn’t try to tackle this on her own, even though she is extremely po’d about the accounts being there when they shouldn‘t have been in collections in the first place. On my end, I have had several other things come up since I started working on this and I probably would not have been able to keep after it if not for your help.

I think this got lost because I came back and asked more questions. (Imagine that )

I have filed the complaints against the CA and have the letter and copies ready to go. I have a short letter ready for TU and EX just wanted to double check before I file the complaints.

Sorry for the confusion, I lost track of your situation.

I have not filed the FTC complaints against the CRAs. I have everything ready to do so, just wanted to make sure that was the right next step.


The only letter that has gone to EQ, at this point, is to try and remove her old address. I have had no response to this request yet.

Will the fact that EQ has investigated (initiated by the CA?) change how I proceed with them after they respond to the address removal?


I guess I should have sent address letter to all 3 CRAs in the beginning, but I wasn't thinking about the CA adding the account to EQ halfway through the process. Should have known better.

Hopefully all the complaints will resolve this and then I can leave you alone for a while.

No, the next step BEFORE filing any complaints is to send the DISPUTE letter to any CRA that is reporting this account.
http://whychat.5u.com/hipaadisp.html
You can't file a complaint about non compliance unless and until they have actually "non complied".

What about ?:
Not properly investigating and/or verifying the accounts without providing the requested source or method of the verification.

I don't understand your question.
A CRA is NOT required to "pre-verify" the data that is supplied to them, nor are they required to investigate anything UNLESS and UNTIL there is a filed dispute, WITH the CRA.

In an effort to cut through some of the excess information in this thread and to clarify my question:

I have sent the medical dispute letter to TU and Ex.
They verified.

I sent the reporting CA the medical DV, http://whychat.5u.com/ltrcavalhipaa.html

Upon receipt of the green card I sent EX and TU the follow up dispute with a copy of the medical DV and green cards.
http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE
Verified again.


So, is the next step a FTC complaint for the aforementioned reasons?

It's come a long way, I don't want to mess it up now.

Yes, now is the time for the FTC complaints.

WhyChat is there an amount of time you should wait after receiving the green card before making the follow up dispute with the CRA's? I ask this because the letter states "and have had no response", should they be given time to respond?

If not WhyChat can anyone answer this? Anyone who has had success did you wait any period of time after getting the green card back?

Now to Whychat, Thank you very much for your all your help. I received a promise of deletion through the BBB last week and received the first deletion letter from EQ today and I assume the others will follow shortly. Mom's reports should be clean now and I couldn't have done it without you, we both appreciate it!!