Question - I paid a CA directly for medical services that went to collection: What do I do?

[Why Chat]

If she was on your insurance you are liable for the co-pays and deductibles.

 

Get the EOMBs from your insurance Co for those visits.

[peterwimm]

So, my insurance was primary for all dates of service for both my ex-spouse and myself. My spouse did have secondary insurance through 2012, but it does sound like I am still on the hook for my ex-spouse’s claims. I doubt her secondary insurance was billed, but it is now past timely filing limits for coordination of benefits anyway, so I believe I am stuck there. The following are the accounts I’m working on:

 

Account xxxx was listed for services provided by xxxxx Hospital to you on 11/14/08. The account was sent to collection on 01/16/09 and paid in full on 11/30/09.

 

Account xxxx was listed for services provided by xxxxx Hospital to you on 12/12/08. The account was sent to collection on 05/05/09 and paid in full on 11/30/09.

 

Account xxxx was listed for services provided by xxxxx Hospital to your spouse on 03/04/09. The account was sent to collection on 11/12/19 and paid in full on 07/29/12.

 

Account xxxx was listed for services provided by xxxxx Hospital to you on 12/21/11. The account was sent to collection on 05/04/12 and paid in full on 08/24/12.

 

Account xxxx was listed for services provided by xxxxx Hospital to your spouse on 01/01/12. The account was sent to collection on 06/28/12 and paid in full on 08/24/12.

 

Account xxxx was listed for services provided by xxxxx Hospital to your spouse on 12/16/13. The account was sent to collection on 04/25/14 and paid in full on 08/01/14.

 

I am thinking about contesting the 2008 and 2009 dates of service as obsolete. Does that seem like a good idea? Or should I wait on that and be trying other tactics first? The summary of everything I have thus far done is on the previous page per Why Chat’s request.

 

Thanks!

[Why Chat]

Follow the guides:

 

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

http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

 

It is possible/probable that the initial dispute letter will get you a deletion IF you have opted out and deleted old addresses first.

 

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

 

DO NOT try to dispute on line, by phone or carrier pigeon, stick to snail mail and follow ALL the instructions.

[peterwimm]

That did work with Transunion when I initially filed my disputes back in December, but Equifax verified. I have completed the entire HIPAA program that is listed on your website and Equifax has verified twice (once with the initial dispute and once with the follow up dispute). On the previous page you advised to write a timeline of everything I have done so far, and I have written that timeline. Do you think I should try disputing again? I am opted out and I have all of my previous addresses deleted with Equifax.

 

I very much appreciate your assistance in this and if I have hit a wall, I understand. But, I am all ears for any and all information you are able to impart.

 

Thanks as always.

[Why Chat]

OK,

Time to file a CFPB complaint against Eq. ( I presume it is NOT on your Ex report??)

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

[peterwimm]

I will certainly do so! However, there was a response from the CA. They said they did not have to provide validation because it was beyond time limits, which is correct because these are old, paid medical collections. They also provided information on each account such as initial dates of service, amounts, paid dates, etc. Should I still file the complaint?

 

And, yes, Ex is not on my report. These collections were only on file with TU and Eq, and TU deleted, so now they are only on file with Eq.

 

Thanks!

[Why Chat]

The response from the CA has NO bearing on their right to report the account on your credit reports.

They MAY have acquired the account data, but the HIPAA release is NOT assignable.

[peterwimm]

I apologize if the answers to these questions are listed on your web page, but I was unable to locate them.

 

1. Should I be filing complaints with BOTH the FTC and CFPB as it states in the HIPAA Program guide? Or should I only send a complaint to the CFPB in my specific case?

 

2. Regarding the complaint to the FTC and/or the CFPB, is this enough for the timeline or should I be more specific?

 

12-20-14: Filed a proper dispute with Equifax on six unknown medical accounts.

 

1-14-15: Contacted the reporting collection agency (name of agency) with a dispute and request for validation on these unknown medical accounts as per the instructions from Equifax.

 

1-20-15: Re-disputed to Equifax with a copy of my dispute/validation letter to the collection agency, along with proof of the collection agency’s receipt of the dispute.

 

2-16-15: Equifax refusal to properly investigate or properly mark the account as in dispute is a violation of the FCRA and FACTA.

 

3. And finally, for my dispute to Eq that advises of the complaints, is the following enough or should I include more information? Should I be demanding deletions from my report? Or will they get the point with this letter?

Dear Equifax Compliance Department,

 

My name is xxxxxx, my SS # is xxxx.

 

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

 

I have no knowledge or records of account #s xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx, and xxxxxxx on my report # xxxxxxxxxx.

 

I have filed complaints with the FTC and CFPB due to your refusal to properly investigate or delete these unknown medical accounts (copies of complaints enclosed).

 

I reserve the right to take further action including filing appropriate complaints with the OCR on HIPAA violations and the Washington State Attorney General under the penalty rules of the Omnibus Final Rule (09/23/2013) interpreting and implementing provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), Washington State's consumer protection agencies, the BBB and to take civil action to recover damages.

 

Please note that your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices. (Section 1031 of the Dodd-Frank Act)"

 

Very truly yours,

 

xxxxxx

 

 

 

 

Thank you!!!!!

[Why Chat]

I apologize if the answers to these questions are listed on your web page, but I was unable to locate them.

 

1. Should I be filing complaints with BOTH the FTC and CFPB as it states in the HIPAA Program guide? Or should I only send a complaint to the CFPB in my specific case? Only the CFPB- the FTC complaints are for special situations such as egregious violations of the FCRA or repeated violations by a CA

 

2. Regarding the complaint to the FTC and/or the CFPB, is this enough for the timeline or should I be more specific? If the accounts were disputed and properly deleted from the other CRAs, you should refer to that fact,if they were ONLY ever appearing on Eq., you should mention that fact

 

12-20-14: Filed a proper dispute with Equifax on six unknown medical accounts.

 

1-14-15: Contacted the reporting collection agency (name of agency) with a dispute and request for validation on these unknown medical accounts as per the instructions from Equifax.

 

1-20-15: Re-disputed to Equifax with a copy of my dispute/validation letter to the collection agency, along with proof of the collection agency’s receipt of the dispute.

 

2-16-15: Equifax refusal to properly investigate or properly mark the account as in dispute is a violation of the FCRA and FACTA.

 

3. And finally, for my dispute to Eq that advises of the complaints, is the following enough or should I include more information? Should I be demanding deletions from my report? Or will they get the point with this letter?

Dear Equifax Compliance Department,

 

My name is xxxxxx, my SS # is xxxx.

 

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

 

I have no knowledge or records of account #s xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx, xxxxxxx, and xxxxxxx on my report # xxxxxxxxxx.

 

I have filed complaints with the FTC and CFPB due to your refusal to properly investigate or delete these unknown medical accounts (copies of complaints enclosed).

 

I reserve the right to take further action including filing appropriate complaints with the OCR on HIPAA violations and the Washington State Attorney General under the penalty rules of the Omnibus Final Rule (09/23/2013) interpreting and implementing provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), Washington State's consumer protection agencies, the BBB and to take civil action to recover damages.

 

Please note that your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices. (Section 1031 of the Dodd-Frank Act)"

 

Very truly yours,

 

xxxxxx

 

 

 

 

Thank you!!!!!

Just make sure you include a copy of your filed complaint with the letter to Eq

[peterwimm]

Okay, I submitted the CFPB complaint on Monday and received their response today. The response stated:

 

The company has provided a partial response to your complaint number xxxxxx-xxxxxx describing the steps taken so far to address your issue. They stated they are still working on your issue, and you should hear from them again within 60 days.

View the details of your complaint and the company's response so far at: xxx

We will let you know as soon as we receive an update about your complaint.

And also:

Response

Equifax reviewed the complaint, its records and initiated a reinvestigation. *Equifax did not receive any additional communications from the consumer during the review of the complaint. *Equifax will mail the results of the reinvestigation within 30 days.

 

I assume I should just be waiting for Equifax's reinvestigation results, no?

 

Thank you

[Why Chat]

YUP!!

[peterwimm]

Hello again!

I received the following message about my case with the CFPB (xxxxx collections is the name of the CA and ###### are my various account numbers):

Company responded

Equifax said:
Explanation of closure
Please be advised the following account(s) verified your name, address, birthdate, and social security number: XXXXX COLLECTIONS ######, XXXXX COLLECTIONS ######, XXXXX COLLECTIONS ######, XXXXX COLLECTIONS ######, XXXXX COLLECTIONS ######, XXXXX COLLECTIONS ######.
They also verified that the account(s) are reporting correctly on the file.
Written confirmation was mailed to the address on file

I now have the option to either accept the complaint review as complete, or dispute the complaint review. I am guessing you advise to keep on disputing? Or is there some other action you recommend?

Thank you!

[Why Chat]

Dispute the account review and add that the CA was unable or unwilling to provide you with any account details or documentation of their right to report on a medical account.

[peterwimm]

Yesterday, I received a mailed letter from EQ stating the same thing they have said every time I've disputed regarding my disputed medical collections. It was along the lines of, "We have verified that this account belongs to you. For more information please contact the Collection Agency." There is no indication they have actually done anything. This most recent letter is in response to a re-dispute to the CFPB. I have not yet heard from the CFPB regarding my dispute of the account review. Perhaps EQ has not responded to the CFPB yet? Anyway, what is my next bullet to fire? (assuming I still have bullets left in the gun).

[Why Chat]

Wait to hear from the CFPB.

As I remember ( without going back to the start of your thread)

You paid the CA, and the account is reporting as a paid collection??

 

As I have often said, once you pay the CA it is VERY difficult to get a deletion.

[peterwimm]

That is correct, Why Chat. These are all paid medical collections ranging from 1 to 5 years old. I paid them prior to joining CreditBoards. I was able to have them removed from TU, but EQ is being a stickler. They were never on file with EX.

 

Anyway, I will certainly wait to hear from the CFPB and see what other recourse I have. It might be time to turn my attention to other aspects of credit repair for a little while and then circle back around to these after a few months and start over. Regardless, I will let you know what I hear from the CFPB.

 

Thanks as always!

[peterwimm]

I still have not received any notice from CFPB three weeks after receiving account verifications (again) from EQ for all six medical collections. I check online with CFPB and they stated that I will likely never receive a response for the redispute, but that they will keep it on record, blah, blah. I do not expect a response. Are there any additional avenues I might try?

 

Thanks!

[peterwimm]

Just an update for anyone following this saga:

 

I still had six medical collections with Equifax and they were not budging. Three of the six medical collections were for my ex-wife. She was my wife when she rendered services, so technically it was accurate for them to be on my credit report I believe. But, I did dispute the three collections as belonging to my ex-spouse and all three were deleted. Now, I only have three medical collections left with Equifax and all three have under 16 months until they are removed for being seven years old and two are under a year. I am going to dispute them as obsolete and see where that gets me.

 

Keep plugging away!

[peterwimm]

This will likely be my final post relating to my medical collections. I began with 7 medical collections on my TU report and 6 medical collections on my EQ report. By following Why Chat's HIPAA program, I was able to quickly get all 7 medical collections removed from my TU report. However, EQ were being sticklers and everything I tried came back verified. They were valid collections after all.

 

After completing the HIPAA program, I decided to dispute 4 of the medical collections (I think I said 3 above, but it was 4) as belonging to my ex-wife. They, in fact, did belong to my ex-wife, but my understanding was that because we were married at the time of services, it was correct that they were put on my report and on my report they would stay. So, it was with little hope that I submitted that dispute. Lo, all four of my ex-wife's medical collections were removed from my report! Now, I only had two to go, and both were within a year of falling off my report, so I disputed both as obsolete. Recently, I received a response from EQ and the last 2 medical collections have been removed as well. All 6 medical collections have been removed from my EQ report and now all of my credit reports are free of medical collections!

 

Why Chat's program works; but, if you hit a wall with it, there are other avenues. Just keep plugging away. Thank you so much, Why Chat, for all of your patience and help! What you are doing here is so beneficial to so many people. You should teach this stuff in high school.

 

Good luck, everyone!

[Why Chat]

You are welcome.

 

If you scroll to the bottom of my website you will see several charities I support that you can donate to as a "thank you"

 

P.S. Teaching ANYTHING now a days in ANY school would be a nightmare for me as I remember when History and Languages and Art and PENMANSHIP were the required subjects, not "teaching to the test".

[peterwimm]

Education in America...sigh. But, I will certainly donate as a thank you. That is a great idea and I'm fully on board.