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Ken1720

New and Looking Med Collection Removal Clarification

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I'm and 27 and still relatively new to this process, there's no much to learn. I have been trying to build my credit for the last 3 years and it's been a slow-ish process. It was going well until I got sick and my engineering job fired me without notice so my insurance was not invalid.

 

There is one medical collection that has posted to TransUnion of $308 from Wakefield and Associates. From what I can see on Credit Karma, this collection is not on Equifax.

Experian I can't tell if it is posted there or not. I can see a negative collection from Experience on Discover's Credit Score Card. However, I have an energy bill that was in my name in which half ($53) was unpaid by an old roommate that's still showing 3 years later though it has been paid off since 12/9/16, so it may be that showing as delinquent/collection on Experian. It doesn't show the itemized adverse account list on that platform.

I only requested my annual credit reports for TransUnion and Equifax to have one more to pull if needed during the year. I believe I intended to pull Experian but got mixed up since I had issues with receving them online and had to do by mail. 

 

I also just received the second and last medical collection of $568 in the mail from Account Resolution Services. This hasn't posted to of the CAs yet from what I can tell.

 

I'm attempting to use the HiPPA process for the $308 dollar collection. But when I went to put in the account number, which is what I did not have from Credit Karma, the CR is still showing the same account number format of 111111****  and I'm assuming that is not a valid account number to place on the dispute form. So now I'm confused. 

 

Can someone please assist me? I'm confused and feel as though I'm missing some vital pieces of information to understanding and executing this correctly since I've been reviewing this process for months and the picture is still not as clear as I would like it to be.

 

Above all,

Thank you for time!

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NEVER dispute from a third-party tri-merge report.  ALWAYS use paper reports obtained directly from the four major bureaus. 

 

While the paper reports may show a truncated number, there are still other data pieces that can be incorporated that allow them to more easily locate the matter after they receive a well-written and non-generic dispute...of course, if it were ME, then my first step would actually have been to go back to the doctor's office or hospital billing desk and sit down in front of someone who would very likely be able to resolve the matter in a few minutes...far better than sending letters when one is trying to actually resolve the issue.  What gets most people into reporting trouble on medical claims is the unwillingness to actually talk to the billing people, which is odd given that those very same billing people are the ones that could potentially set up the indigent discount or complete lining-out of an amount owed...

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Follow the guides;

https://whychat.me/GUIDEBOOK.html

Centex is correct. 3rd party credit reports should not be used for disputing.

 

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

In order to use the HIPAA program you need to start from the beginning and follow it completely.

The initial dispute letter to the CRAs may get you some clarification and your results from that will help us provide you with the correct advice to continue.

https://whychat.me/hipaadisp.html

when sending the dispute letter list ALL medical accounts exactly as they appear on the report you are disputing.

 

If you have non medical accounts on your reports you will have to wait until the medical accounts are cleared off before dealing with them.

 

Come back to THIS POST for further instructions

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Whychat’s website seems to have incorrect or outdated information concerning the SOL for credit card debt in WA state. If he or someone else can confirm or deny about the SOL for what I mentioned above it’ll be a relief, thank you!!

Edited by hangloose

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13 hours ago, hangloose said:

Whychat’s website seems to have incorrect or outdated information concerning the SOL for credit card debt in WA state. If he or someone else can confirm or deny about the SOL for what I mentioned above it’ll be a relief, thank you!!

NEVER rely on third-party compilations for things like limitations expiry.  You (the generic you, not the specific you) should ALWAYS look to the Statutes for the jurisdiction which will often be on the legislative webserver.  Similarly, each jurisdiction will have a searchable database on their Courts server that generally includes the ability to search by both terms and provision of law (ie. chapter or section as numbered). 

 

The process of doing your own research will ALSO be of assistance when you are actually in the courtroom and need to be able to make objections.  While courts give some measure of latitude to the pro se litigant, they are STILL expected to know the law and how it applies to a specific situation.  The other advantage to doing your own research is that it occasionally opens the door to a novel approach. 

 

(To an extent, this is precisely how the Texas plan came into being and why those in MY State scoff at those that who insist on a reliance upon federal statutes...  )

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15 hours ago, hangloose said:

Whychat’s website seems to have incorrect or outdated information concerning the SOL for credit card debt in WA state. If he or someone else can confirm or deny about the SOL for what I mentioned above it’ll be a relief, thank you!!

My information on my website is correct.

See the legal explanation here;

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

and confirmation from several legal sites including this one;

https://www.sapling.com/6461856/statute-debt-collection-washington-state

which reiterates what I have posted on my Washington page

Oral and Open-Ended Accounts
Washington sets a three-year statute of limitations on oral agreements, as well as open-ended accounts offered by retailers and credit-card issuers. If you signed a credit card agreement offering a revolving line of credit, the creditor has three years to sue you after the last payment on the account.

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"hangloose" has AGAIN questioned my information in a PM

I don't know how many times I need to repeat myself.

This lawyer's site explains it quite well

https://www.sapling.com/6461856/statute-debt-collection-washington-state

Here is the statute;

https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.080

Here are ALL the 2019 revisions. NOTHING in them changes the SOL statutes in any way

http://leg.wa.gov/CodeReviser/documents/sessionlaw/2019pam1.pdf

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On 10/18/2019 at 7:56 AM, MarvBear said:

Welcome to Creditboards!

We hope that you find what you're looking for here.

Some helpful tips:

  • Your post may not get a reply right away. Don't be discouraged, this is a very busy board. If it falls off of the first page, feel free to reply to your post yourself, with the word *bump* in the text. This will *bump* your post back up to the top of the board.
  • If you haven't yet, take a peek at out Newbies Section. Everything that you need to know is in that forum, for the most part. It's a lot of reading, we know, but this credit stuff can have a steep learning curve. In no time, you'll be posting like the pros!
  • If you find that someone is discourteous to you, use the REPORT button at the top right of every post - that will ensure that a moderator or admin looks at the post and decides if it is against the TOS.
  • Off -topic posts should go in the General Forum.

 

Again, welcome to the CreditBoards family!

CB Admin: LKH, Pam, radi8, :angel:breeze:angel: & MarvBear

 

Thank you, MarvBear!

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On 10/18/2019 at 9:32 AM, centex said:

NEVER dispute from a third-party tri-merge report.  ALWAYS use paper reports obtained directly from the four major bureaus. 

 

While the paper reports may show a truncated number, there are still other data pieces that can be incorporated that allow them to more easily locate the matter after they receive a well-written and non-generic dispute...of course, if it were ME, then my first step would actually have been to go back to the doctor's office or hospital billing desk and sit down in front of someone who would very likely be able to resolve the matter in a few minutes...far better than sending letters when one is trying to actually resolve the issue.  What gets most people into reporting trouble on medical claims is the unwillingness to actually talk to the billing people, which is odd given that those very same billing people are the ones that could potentially set up the indigent discount or complete lining-out of an amount owed...

Understood! Thank you, Centex.

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On 10/18/2019 at 12:05 PM, Why Chat said:

Follow the guides;

https://whychat.me/GUIDEBOOK.html

Centex is correct. 3rd party credit reports should not be used for disputing.

 

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

In order to use the HIPAA program you need to start from the beginning and follow it completely.

The initial dispute letter to the CRAs may get you some clarification and your results from that will help us provide you with the correct advice to continue.

https://whychat.me/hipaadisp.html

when sending the dispute letter list ALL medical accounts exactly as they appear on the report you are disputing.

 

If you have non medical accounts on your reports you will have to wait until the medical accounts are cleared off before dealing with them.

 

Come back to THIS POST for further instructions

Many thanks to you, WhyChat! I came across the HIPAA program first but for some reason I found myself confused and I've been looking at it for months now. I think it was a mixture of new information an syntax. I'm sure I'm overcomplicating it, largely because I don't want to mess up a step not understanding it fully, I'm going to go take another swing at it. 

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On 10/18/2019 at 9:32 AM, centex said:

NEVER dispute from a third-party tri-merge report.  ALWAYS use paper reports obtained directly from the four major bureaus. 

 

While the paper reports may show a truncated number, there are still other data pieces that can be incorporated that allow them to more easily locate the matter after they receive a well-written and non-generic dispute...of course, if it were ME, then my first step would actually have been to go back to the doctor's office or hospital billing desk and sit down in front of someone who would very likely be able to resolve the matter in a few minutes...far better than sending letters when one is trying to actually resolve the issue.  What gets most people into reporting trouble on medical claims is the unwillingness to actually talk to the billing people, which is odd given that those very same billing people are the ones that could potentially set up the indigent discount or complete lining-out of an amount owed...

Hi Centex, I attempted to go to billing department to discuss the bill and potentially set up the discount but they said the actual billing department where I would be able to speak to someone directly was an hour and a half a way. In your experience, is it still worth it to drive that distance versus trying to reach out via phone?

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1 hour ago, Ken1720 said:

Hi Centex, I attempted to go to billing department to discuss the bill and potentially set up the discount but they said the actual billing department where I would be able to speak to someone directly was an hour and a half a way. In your experience, is it still worth it to drive that distance versus trying to reach out via phone?

It is a LOT easier to stall someone on the phone...

 

If it were my balance, I would make the short drive (and yes, to me, an hour and a half IS a short drive).  Have some cash with you (or a credit card) to further demonstrate the willingness to resolve the matter right then and there...

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1 hour ago, centex said:

It is a LOT easier to stall someone on the phone...

 

If it were my balance, I would make the short drive (and yes, to me, an hour and a half IS a short drive).  Have some cash with you (or a credit card) to further demonstrate the willingness to resolve the matter right then and there...

Ok, Got it! Will do. Thank you kindly. 

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You can follow whatever advice you wish. However, even if you are able to make the drive and find someone authorized to discuss the matter with you in person you will not have done anything to get it off your reports. Paying ANY AMOUNT to a collection agency will cement the account to your report. PLUS even if you get a signed agreement to settle for a lesser amount, AND YOU SIGN IT this will restart your legal SOL.

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He isn't going to speak to a collection agency...the OP is discussing going to the actual facility billing department.  You know...to actually RESOLVE a debt that they acknowledge being due and owing. 

 

If people put just HALF of the effort into actually resolving issues instead of what is wasted trying to get OUT of them, they would have avoided much of what they were contending with on the reports...it is NOT that difficult to avoid having medical billings report.  This becomes even MORE a truism when one is actually speaking to the billing personnel to make arrangements...

Edited by centex

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The account is over 3 years old. The current "billing department" is a collection agency. If it is reporting on the OPs reports it is no longer in the hands of the OC or anybody from their facility. 

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55 minutes ago, Why Chat said:

The account is over 3 years old. The current "billing department" is a collection agency. If it is reporting on the OPs reports it is no longer in the hands of the OC or anybody from their facility. 

This is far from the truth with a LOT of medical billing, where the 'collection entity' is actually simply outsourced within a week of the service.  But simple things like that seem to go over your head even when I have linked to the professional associations that have expressly discussed such practices...

 

I've worked with more than one person who had medical issues and ALL were able to resolve them with the provider.  No negative impact as a result of having actually talked to the provider's office AND paid them what they were owed.  They went hat in hand, either literally or in writing, acknowledging the irresponsibility of not having tried to address the matter when the charge was incurred... 

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I am too old to argue with someone who prefers links to "professional associations" to determine a course of action. There is NOTHING in any of your criticism of my program that is "over my head" and by insulting my years of providing assistance on this forum you are being both rude and unhelpful. 

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@hangloose

 

Based on WA court rulings, if the plaintiff provides an admissible copy of a cardmember agreement, the SOL is 6 years.

 

Discover Bank v. Rodriquez, Wash: Court of Appeals, 2013

Unifund CCR Partners v. Sunde, Wash: Court of Appeals, 2011

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Why Chat,

 

Where in the Revised Statutes does it show three years?

 

Actions Limited to Six Years:

(2) An action upon an account receivable. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.

 

Plus it seems there is precedence for 6 years with previous WA lawsuits.

 

I would LOVE nothing more than for WA to have a 3 year SOL, but it does seem pretty cut-and-dry for 6. I can see and understand what you're stating, but you cite only that one website and twist the words of an "Open-ended account" which isn't mentioned for Actions Limited to Three Years

 

Can you show anything that someone has successfully argued a 3 year SOL in a lawsuit, or any other evidence besides your interpretation of the RCW and that one Sapling website? I really do hope you can because that would honestly make my whole year

Edited by hangloose

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