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Verification, SOL, & collection calls questions


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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.

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You need to review and follow ALL the guides;

https://whychat.me/GUIDEBOOK.html

https://whychat.me/GUIDE HIPAA PROGRAM.html

"After writing the CRA's to dispute CA accounts, what specifically counts as proper verification?"

 

The next steps depend on your results from the initial dispute letters

If all the disputed accounts are deleted from all credit reports, you need not do anything else except KEEP hard copies of your records for at least 3 years

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

If the accounts are verified AND you receive NOTHING from the reporting CA, you send the reporting CA this:

MEDICAL DISPUTE VALIDATION LETTER  https://whychat.me/ltrcavalhipaa.html

For accounts reporting with a balance due

Just follow all the steps.

 

Your SOL is 3 years

https://whychat.me/States/state-ala.html

 

If you send the medical DV to the reporting CA it includes a total cease and desist and a ban on telephone calls.  https://whychat.me/ltrcavalhipaa.html

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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.

Edited by Teacup9
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If the reporting CA does not respond directly to you as a RESULT of the initial dispute letter to the CRAs you KNOW that they are NOT in a current business relationship with the OC.

 

From what I understand of your post, the ONLY response you have had relating to your dispute has been from the CRAs "verifying" the account.

 

Did you use the initial dispute letter to dispute the accounts?

https://whychat.me/hipaadisp.html

 

Did you follow the instructions for handwriting the dispute on the watermarked form and did you send it to the CRAs priority mail with a tracking #??

 

If so, then go ahead and send the CAs the medical DV and send the CRAs the follow up dispute.

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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.

Edited by Teacup9
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