Jump to content

Teacup9

Members
  • Posts

    130
  • Joined

  • Last visited

Recent Profile Visitors

296 profile views
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. Yes initial dispute was scent to CRAs. It was typed, not written, but on your watermarked template, with blue ink in the cursive font I have most similar to the one your mentioned (I didn't have the one you listed). And they were sent priority with tracking, I have proof of delivery, and they sent me a letter saying all was verified and they put a note by the accounts like "This item remained unchanged from our processing of your dispute in [date]" or "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)." I was not certain if the CAs regular bills sent to me count as validation, but from your post I see that since they don't reference my initial dispute with the CRAs, that a current relationship with the CA is unlikely. So I will follow up with the DV as you advised. Thank you.
  6. Thank you. This exact instruction is the one that I'm struggling with "If the accounts are verified AND you receive a response FROM THE REPORTING CA ( Collection Agency) with account details that MATCH your records, you can then pay the ORIGINAL CREDITOR HEALTH CARE PROVIDER directly using the HIPAA letter insert "a", be sure to follow ALL the directions HIPAA LETTER PROGRAM" I'm not certain what exactly counts as proper verification from the CRA and the reporting CA. I know I wrote in the initial dispute letter to ..advise me as to the names and addresses of the medical providers, the dates and types of service, 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 names of the persons providing this data, and the manner in which it was provided.. So for three accounts the CRA has responded that they have provided me with everything they are legally required to. And they have provided the name of the CA, their address, the name of the original creditor (medical provider), the service date, the days late. They have not provided the type of service, to whom they were provided, the address of the provider, the names of the provider (just the name of the clinic), nor the manner in which it was provided. So is that enough verification from the CRA to move on to paying the original provider with the letter option a? And if it is not proper verification what is my next step? For two of the accounts the CAs send me bills and call regularly. It does state the original providing clinic, has the date of service, and the amount matches my bill from the providing clinic and matches my EOB. I do not know what I need to see from them to confirm they have a current relationship with the providing clinic so I can move on to paying the original provider. I hesitate to send the CA the dv cease and desist contact, because the guide says to not initiate contact with the CAs since that contact may hinder my case against them for violating HIPPA by reporting.
  7. Hi, I've had to use WHYCHAT's letter writing guide for medical reporting on and off for a couple of years as things pop up on our reports. I really want to thank you and everyone who contributes here, it is really such a generous service. There are some things I still have trouble understanding. Verification After writing the CRA's to dispute CA accounts, what specifically counts as proper verification? The CRA responds writing they have verified the account and don't legally owe me any more information. The CRA does list the collection agency name, their address, and the original creditor right on the report. The CRA notes "Account information disputed by consumer (Meets requirement of the Fair Credit Reporting Act)" by the account. On two accounts the collection agency regularly sends bills and calls. Their dates and charges matches my bill from the OC and my EOB. But I don't know if they are responding specifically to my dispute sent to the CRA? I also don't know how to verify if they have a current relationship with the OC? What are examples or specifics of what I need to see from the CA in order to move on to the step where I pay the ORIGINAL CREDITOR HEALTH CARE PROVIDER directly using the HIPAA letter insert "a"? On another account I don't hear from the Collection Agency at all. The CRA writes that they've verified and continues to list the derogatory account. I'm confused as to what my next step is since I can't move on to the step where I pay the Original Creditor with the HIPAA letter in WHYCHAT's guide, because the CA hasn't responded to the dispute I sent the CRA. SOL I'm not certain of my state's SOL on reporting medical debts. For example IF I live in Alabama and the SOL page states: ALABAMA INTEREST RATE Legal: 6% Judgment: 12% STATUTE OF LIMITATIONS (IN YEARS) Open Acct.: 3 Written Contract: 6 Domestic Judgment: 20 Foreign Judgment: 20 BAD CHECK LAWS (CIVIL PENALTY) Greater of $10 or Actual Bank Charges... Is a medical collection considered an open account with a SOL of 3 years? Or is it a written contract with a SOL of 6 years? Does anything change if the medical collection is for under $10? Also which state's laws govern this if the person lives in one state and the medical provider is located in another? What is the best way to respond to phone calls from CA? Especially if I would like them to stop calling? Thanks so much.
  8. Thank you, just to confirm it says "If you have opted out and deleted old addresses and checked your credit reports to see if there is any change in the reporting, and there was no response to your dispute to the CA, then you need to file a complaint with the FTC and the CFPB against each CRA that has refused to delete and refused to properly investigate.", so it does not matter that the CA has responded to my dispute? And that Equifax has marked it as "Consumer disputes this account information, Collection account" Do I just write that Experian and Transunion deleted or provide a copy of their response? I want to make sure I have the right answers to these questions. Step 1: What is this complaint about? Eq refusing to properly investigate or delete this account. Step 2: What type of problem are you having? Equifax is reporting an invalid account. Step 3: What happened? I disputed this account with Equifax (include copy of initial dispute), Equifax sent this unsatisfactory response (include copy). I sent Equifax this letter requesting reinvestigation and more detailed information of their verification (include letter). Equifax sent this unsatisfactory response and did not delete (include copy). Add sentence about Transunion and Equifax deleting (include copies?) Step 4: What company is this complaint about? Equifax Step 5: Who are the people involved? Equifax and me I thought the original provider did something incorrect by forwarding my letter to them to the CA, but maybe that isn't an issue?
  9. Sure, sorry about that. The Collection Agency is currently reporting the account as a paid collection on my husband's Equifax CRA. Here is the timeline of correspondence. Dates are as written on the letterhead. 5/2015 Date of service. Bill matches explanation of benefits. 2-5/16 Collection Agency sends bills with approximately $30 fee added on as their "collection fee". June and July of 2016 - The Collection Agency was calling my husband's cell and work frequently. Nothing was reporting on his credit report. 8/8/2016 As advised here I sent the Collection Agency the Medical DV https://whychat.me/ltrcavalhipaa.html 8/16/2016 The Collection Agency reported the collection as unpaid on Transunion and Equifax. 8/16/2016 I sent Transunion and Equifax the initial dispute letter. https://whychat.me/hipaadisp.html 8/22/2016 Transunion responded that they deleted. 8/24/2016 Equifax responded that they verified the Collection Agency's account. 8/29/2016 Collection Agency responded to the DV with the following "Enclosed is a copy of the specific debt you requested for File # XXXXX. According to the law you cite, a copy of the debt is only required to be sent 30 days from the date of the first notice. As a result, your validation period actually expired on 3/x/2016. However, as a one-time courtesy, I have enclosed a copy of the debt. As to the other items demanded in your letter, we are not obligated to provde the information. Sincerely, Name, Debt Collector" They included the insurance and billing paperwork filled out at the time of service, which has a clause agreeing to late payment fees. A copy of the invoice from the original provider which spells the street address slightly incorrectly. And a copy of their own Collection Agency bill. 9/6/2016 I paid the original provider by credit card over the phone. I paid the original amount billed and the amount that matched explanation of benefits. 9/6/2016 The original provider sent a printed receipt of the credit card payment and an invoice showing the credit card payment and that zero balance was due. This all matches the charge on my credit card bill. 10/31-11/1/16 Collection Agency is reporting as paid collection to Transunion, Equifax, and Experian. 11/1/16 I sent the initial dispute of the paid collection to all three CRAs. 11/1/16 I sent the original health care provider the form letter to the original health care provider https://whychat.me/hipltr.htmlusing insert b1 "This account has been paid." and included a copy of their credit card receipt and invoice showing zero balance due. 11/4/2016 Collection Agency writes: "I am responding to a letter that was sent to our client's office regarding an account you owed them going back to a date of service of 5/x/2015. Your form letter is challenging our client's right to pass on a collection account pursuant to the Fair Credit reporting Act & HIPAA. In order for you to understand why you were reported to the credit bureaus I will draw you a time line. 5/x/2015 You went to the doctor, after normal office hours. You signed an insurance assignment release, insurance waver Financial agreement and a HIPPA Consent disclosure authorization. 5/x/2015 The insurance claim was submitted and adjustments made to your bill. 5/x/2015-1/x/2016 you were sent 8 bills, and you would have been sent a patient responsibility. ($xx) 1/x/2016 Eight months after your services were provided the account was placed for collection with our office, your first letter was sent on 1/x/2016 to your [city] address and not returned by the post office. 3/x/2016 The account was reported to the Credit Bureaus. Between 2/x/2016 and 7/27/2016 we placed 12 messages for you. 7/x/2016 We spoke with you and you requested a copy of the bill, it was sent to your Email address . And the email was opened by you. 8/x/2016 You sent a dispute to the credit bureaus once again asking for the same Information you were sent 20 days earlier. 9/x/2016 Eleven days later, and 16 months after you were provided services you went to the [original creditor] and paid them $xx leaving a balance of [about $30] for collection fees pursuant to your financial agreement Once again please find a copy of your signed forms. Please be advised that insurance billing and debt collections ARE permissible business purposes to receive PMI. Due to Hippa privacy regulation we do not have access to all of the information you may be requesting. We have sent you all of the information provided to our office. You must contact your provider if you require additional information. HIPAA is the federal Health Insurance Portability and Accountability Act of 1996. The primary goal of the law is to make it to keep health insurance, protect the confidentiality and security of healthcare information. We wait about 45 days before accounts are reported to the credit bureaus to give you time to review the account. During that time you were sent your first notice advising you of your rights and no less than four calls were made to your house. IT was not until you realized that the account was reported to the bureaus that you made an attempt to pay the bill [x] months later. All FCRA & HIPAA regulations were followed to by the letter, I hope you now understand why the account was reported. If you still have any questions I can be reached at [phone number with ext.] very truly yours, [name] debt collector cc [urgent Care, original provider]" We are debt collections; this is an attempt to collect a debt, and any information obtained will be used for that purpose. You have received prior notification from [collection agency] concerning this debt and your rights under the Fair Debt Collection Act." 11/08/2016 Transunion deleted the paid collection. 11/15/2016 Experian deleted the paid collection 11/16/2016 Equifax verified the paid collection. 3/27/2017 I sent Equifax the Letter to CRA after HIPAA letter https://whychat.me/hipltr.html 3/27/2017 I sent the original health care provider the cover letter https://whychat.me/hipltr.htmland a copy of the letter to Equifax 4/7/2017 Equifax responded that the paid collection account is verified. 4/19/2017 I sent the original health care provider the courtesy letter https://whychat.me/hipaaleg.html#complaintmeant to be sent before filing the HIPAA complaint. Equifax is still reporting the paid collection and I have not yet heard from the health care provider. Aside from the initial dv letter I sent before the collection agency was reporting to the CRA's I have not contacted them at all. I am confused as to whether I should be sending them anything or not. I am confused about what my next step is if the original health care provider does not respond or does not respond with a removal. Thank you so much for your time.
  10. No, neither. I have not filed an OCR nor am I dealing with any other kind of negative reporting. I was describing a weird fluke that seems to have happened to Equifax in March, that I have read here others have experienced as well. I wrote that "I sent the original provider, Urgent Care the courtesy letter to be sent before making a HIPAA complaint https://whychat.me/h....html#complaint(was that a mistake? should I have sent it to the CA since they are the ones reporting?) It has been 7 days since they received it. Equifax and Experian are still reporting. I am getting very discouraged and not sure how to get this paid collection removed. I really appreciate any help and advice." I've just sent the OC the courtesy letter and I'm asking if that was a mistake and it should have been sent to the CA or if I should have sent anything to the CA beyond the https://whychat.me/ltrcavalhipaa.html medical dispute? It is confusing because I have seen you recommend sending the courtesy letter to CAs before but it also says in the HIPPA program to never contact the CA. I was questioning whether filing an OCR was the next step and if so with whom? The original health care provider who has been paid or the CA that is reporting a paid collection? Also I didn't know what could be done about the proof I have that the OC shared my letter to them with the CA? Same with the CA's letter stating "Please be advised that insurance billing and debt collections ARE permissible business purposes to receive PMI" Even though in the same letter they attest that I paid the OC in full and owe them (the CA) a $35 fee despite the fact that the CA is reporting a paid collection in the exact amount I did pay to the OC and all I owed according to the OC and explanation of benefits. I retyped their letter almost in full in the previous comment because it seemed to contradict everything I've learned through your HIPPA program. I have tried to complete the HIPPA letter program as best I could despite my earlier mistake of paying the OC by credit card (but I did send them the https://whychat.me/hipltr.html using insert b 1 and included proof of payment (their receipt and invoice showing zero balance due) like I wrote in the time line above. As for mentioning Equifax and the late payments on a store charge card I wrote that because when I was checking to see how the CRA's responded to my two dispute letters at one point Equifax did remove the paid medical collection (but never responded to me) and then it was back again the following month. When the paid medical collection was gone, the report had on it late payments from a store charge card I had removed from the report several years ago. The following month that was gone and the paid medical collection was back. I can only guess that Equifax had a technical glitch that month. I'm mentioning it because I'm curious if I can use that report to accuse Equifax of removing and then rereporting the paid medical collection?
  11. I'm really feeling at a loss as what to do with this account, we'll call it Urgent Care and is my husband's account. The collection agency is reporting a paid account and I've written about the process here. Initially CA was calling and sending a lot of letters, but not reporting to credit bureaus so I sent the medical validation/dispute/cease and desist https://whychat.me/ltrcavalhipaa.html They responded with copies of the Urgent Care's invoices and patient forms. Our street name is spelled slightly wrong on the OC's invoice. They reported to 3 CRAs. I sent initial disputes to all three. Transunion deleted, Equifax and Experian did not. The date of service was under 2 years old and matched explanation of benefits so I (incorrectly, yes I've learned my lesson) paid the original creditor Urgent Care over the phone by credit card. They sent a receipt of the charge and an invoice showing the account paid in full. The CA reported this as a paid collection to all three CRAs. Note they are reporting the amount that I paid, the amount from my explanation of benefits, and not their late fee that is on the bills they sent us. I disputed with all three CRAs. Transunion deleted, Equifax and Experian did not. I sent Urgent Care this letter https://whychat.me/hipltr.htmltohealth care providers using insert b 1 and included proof of payment (their receipt and invoice showing zero balance due). The CA responded (to the letter I sent to Urgent Care, the original provider) with the following. "I am responding to a letter that was sent to our client's office regarding an account you owed them going back to a date of service of [omitted] Your form letter is challenging our client's right to pass on a collection account pursuant to the Fair Credit reporting Act & HIPAA. In order for you to understand why you were reported to the credit bureaus I will draw you a time line. [omitted until final entry] You went to the [urgent Care] and paid them [amount paid] leaving a balance of $33.47 for collection fees pursuant to your financial agreement. "Please be advised that insurance billing and debt collections ARE permissible business purposes to receive PMI. Due to Hippa privacy regulation we do not have access to all of the information you may be requesting. We have sent you all of the information provided to our office. You must contact your provider if you require additional information. "HIPAA is the federal Health Insurance Portability and Accountability Act of 1996. The primary goal of the law is to make it to keep health insurance, protect the confidentiality and security of healthcare information. "We wait about 45 days before accounts are reported to the credit bureaus to give you time to review the account. During that time you were sent your first notice advising you of your rights and no less than four calls were made to your house. IT was not until you realized that the account was reported to the bureaus that you made an attempt to pay the bill [x] months later. All FCRA & HIPAA regulations were followed to by the letter, I hope you now understand why the account was reported. If you still have any questions I can be reached at [phone number] "very truly yours, [name] debt collector "cc [urgent Care, original provider]" I sent the CRA the follow up letter towards the end of this page https://whychat.me/hipltr.htmlandthe OC Urgent Care the letter on that page as well with the letters to Equifax and Experian included. Before the OC could have received that letter someone from their office called my husband to ask for a copy of the receipt that we had paid the account. He couldn't deal with her at the moment and just took her number. We searched her name and numbers and found that she was a point of contact with no official title at the Urgent Care. We called once but she was unavailable and didn't respond further. Experian continued to report the paid collection. They responded and said to contact the CA. Equifax did not respond, but the account was not there and Equifax must have been having a glitchy month, because they reported very old late payments on a store credit card I had removed over four years ago. Just before responding to the old store credit card issue I checked Equifax again and they were no longer reporting that old stuff, but they were still reporting the CA for the Urgent Care as a paid collection. I sent the original provider, Urgent Care the courtesy letter to be sent before making a HIPAA complaint https://whychat.me/hipaaleg.html#complaint(wasthat a mistake? should I have sent it to the CA since they are the ones reporting?) It has been 7 days since they received it. Equifax and Experian are still reporting. I am getting very discouraged and not sure how to get this paid collection removed. I really appreciate any help and advice.
  12. As for the other collection GEM, I sent experian this https://whychat.me/ltrcavalhipaa.html#DISPUTE(as advised on first page here) with the enclosures and experian responded that they processed the disputes before and the ca verified accuracy and they won't investigate again. They recommend I contact ca directly. They go on to say I can only dispute with new information
  13. I don't remember if you advised the hippa complaint or if it was the next step on your site. It is the oc that I paid directly and when the ca kept reporting as a paid collection I sent the oc the hippa complaint and they apparently forwarded it to the ca because the ca responded. Then I sent the follow up with the letters to the CRAs included and the same day someone from the oc called asking to see their own receipt.
  14. Thank you. Any advice on the paid collection? The one on my husband's report where the health care provider most likely forwarded my hippa complaint letter to the CA?
  15. I have no idea why the person called asking for the receipt they had sent a while ago. It is the CA that is reporting it as a paid collection. The long story is I paid them (the OC aka original health care provider) over the phone with a credit card. They charged the card and mailed me both a printed receipt and an invoice showing zero due. Both that invoice, what I paid, and the EOMB from insurance matched . It was under $100. The following month the collection agency changed the unpaid collection to paid collection. I posted here realizing my mistake and as advised here I did the initial dispute of the paid collection to all 3, transunion deleted right away, Equifax and Experian said I should contact the CA if I want more information. I sent the original health care provider the https://whychat.me/hipltr.htmlwith insert B including the receipt and paid in full invoice. I just addressed it to "HIPPA Compliance officer" and their regular billing/office/service address listed because when I called them to ask who their HIPPA Compliance officer was they had no idea. I can only guess that whomever received the letter forwarded it directly to the CA, because the CA wrote back with a time line of the date of service and when I finally paid and they said I owed them the late fee. So I sent the follow up letter https://whychat.me/hipltr.html to the original provider as per the HIPPA program (as well as the letters to Experian and Equifax which I included in the one to the original provider), but the same day I mailed it - obviously before they could receive it, someone from their office called my husband to ask for their own receipt. I was wary of it being a CA posing as the health care provider, but the number they called from and person they claimed to be are listed as contact numbers for an office manager at the original health care provider's office. According to my husband she came across as just wanting to find and see the receipt or invoice so he took her information and didn't say anything else. Meanwhile, by now someone in that office will have gotten the follow up HIPPA letter. Not to be confusing but with the other unpaid collection on my report, the one you think might not be legitimate because Transunion deleted, but Experian told me to contact the CA myself, and by PM you checked out the collection agency, Gem, do I pay the original provider via MO and hippa letter since their amount matches explanation of benefits and it wasn't over 2 years ago? Or file complaint because Gem continues to call me after cease and desist?
×
×
  • Create New...

Important Information

Guidelines