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Ken1720

New and Looking Med Collection Removal Clarification

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6 hours ago, hangloose said:

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

Also, 

 

RCW 4.16.40

Actions limited to six years

 

(1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007(2).

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2 hours ago, Bluesie58 said:

I’m pretty sure the WA Court of Appeals relied on the revised statutes in the cases I cited. 

Your cited cases were from 6+years ago and were all credit card 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. 

Actions limited to three years.
The following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
Washington appeals courts apply RCW 4.18.040, the rule for written contracts, when deciding cases involving credit card debt.
 

This is NOT a credit card account and therefore has a 3 year SOL

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42 minutes ago, Why Chat said:

Your cited cases were from 6+years ago and were all credit card 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. 

Actions limited to three years.
The following actions shall be commenced within three years:
(1) An action for waste or trespass upon real property;
(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;
(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;
Washington appeals courts apply RCW 4.18.040, the rule for written contracts, when deciding cases involving credit card debt.
 

This is NOT a credit card account and therefore has a 3 year SOL

I was responding to @hangloose who asked about the SOL for credit card accounts.   It really doesn’t matter that the cases were from 6 years ago.   The law hasn’t changed. RCW 4.16.40 says actions arising out of a written agreement have a 6-year SOL.  
 

4.18.040 is for debt that was opened in another state.

Edited by Bluesie58

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All of you who are arguing with Why Chat it is for naught.   It's for a completely different subject rather than what the Original Poster asked.  Do you guys think for ONCE that when someone is trying to help another, that you could please refrain from going off topic and stirring the pot.

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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

Hi WhyChat, I had been away on travel but got the results from TransUnion a week or so ago and they removed the medical collection completely. Equifax has yet to respond to my knowledge. However, I tried speaking directly to billing about the second bill i was expecting and they were not willing to budge at all. And a not long after I was celebrating the other bill was put on my credit report as a collection. My question is, I plan on following the same process for this account, but does the prior collection just being taken off it hurt the new process at all?

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I am sorry you decided to speak directly to billing as this may interfere with you getting a deletion.

 

What was the date of service for "the second bill i was expecting"

 

If it was VERY recent, (within the past year) You can skip the initial steps and go directly to paying them ( the correct amount from your EOMBs) with the HIPAA letter insert "a".

 

Otherwise, the only CRA you can dispute to at this time is TU. Once the other CRAs delete the original collection you can start over with them on the new one. 

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On 12/4/2019 at 4:28 PM, Why Chat said:

I am sorry you decided to speak directly to billing as this may interfere with you getting a deletion.

 

What was the date of service for "the second bill i was expecting"

 

If it was VERY recent, (within the past year) You can skip the initial steps and go directly to paying them ( the correct amount from your EOMBs) with the HIPAA letter insert "a".

 

Otherwise, the only CRA you can dispute to at this time is TU. Once the other CRAs delete the original collection you can start over with them on the new one. 

Thanks, WhyChat. Yes, I was unaware of that being the incorrect thing to do since I was following advice given here directly. I assumed everyone was on one accord as to how to go about that process so unfortunately that was just a casualty of being new here. The date of service was not long after the first bill that got deleted. More than a year now.

When can I expect Equifax to respond? Its been about 2 months now and the first collection that was deleted from TU is still reporting on EQ. And just to make sure I'm understanding you correctly, I am 'a go' for doing the HIPPA Process letter again to TU this time for the other collection. Just being extra thorough to not have the same mistake I had earlier. 

 

Thanks for all that you do! Still happy the first collection was removed from TU with the letter alone!

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Have you sent the medical DV to the CA for Equifax??

 

https://whychat.me/ltrcavalhipaa.html

and sent the follow up dispute to Equifax

https://whychat.me/ltrcavalhipaa.html#DISPUTE

 

I assume it is not/was not reporting to Experian- your post has become so contaminated with unhelpful comments I lost track of whether or not it was reporting to them and if you disputed to them or not.

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13 hours ago, Ken1720 said:

Thanks, WhyChat. Yes, I was unaware of that being the incorrect thing to do since I was following advice given here directly. I assumed everyone was on one accord as to how to go about that process so unfortunately that was just a casualty of being new here. The date of service was not long after the first bill that got deleted. More than a year now

It is not an issue of 'being the incorrect thing' since there is NOT a one-size-fits-all approach to credit issues.  There are different opinions as to approaches, with some of us advocating an efficient and effective manner that gets a provider taken care of in the most expeditious manner possible while some prefer recommending that posters drag things out while leaving the provider unpaid. 

 

At the most basic level, it is akin to looking at the differences in State law where the manner of practice in one jurisdiction (Louisiana) is VERY different than practice in the other 49 States because of the Napoleonic Code that is still utilized in Louisiana.  In fact, law schools in THAT State actually offer two different tracks based upon whether the student intends to practice in Louisiana or in some other State. 

 

Alternately, you can look at it like a traffic ticket where many will choose the defensive driving option because it is easy even though it leaves a mark on the record that won't exist if you show up for docket call and get a deferred disposition.  Either option avoids a finding of guilt but one leaves the record without any rabbit droppings of the earlier citation...different approaches to obtain the same gross result, albeit not the net result. 

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On 12/11/2019 at 6:38 AM, Why Chat said:

Have you sent the medical DV to the CA for Equifax??

 

https://whychat.me/ltrcavalhipaa.html

and sent the follow up dispute to Equifax

https://whychat.me/ltrcavalhipaa.html#DISPUTE

 

I assume it is not/was not reporting to Experian- your post has become so contaminated with unhelpful comments I lost track of whether or not it was reporting to them and if you disputed to them or not.

Hi WhyChat, yes it got kind of crazy there. Trying my best to both read everything comprehend seeing as I'm still relatively new to this realm and definitely new to this particular process. 

Here is me answering as concretely as possible. I sent the HIPAA Letter to both Equifax and TransUnion already. That is the first and only thing I have sent in regards to the first collection. I'm just now seeing a remark on the collection for Equifax (it was not removed) saying 'Consumer disputes this account information Medical' . Though I have not receive any actual mail from them in response to the letter. Let me know if I have done any wrong according to this process. I did see it saying only to use the letter in the first link you sent if the HIPAA letter could not be used immediately. So hopefully, I understood correctly.

 

And you are correct, it did not report to Experian. Thank you.

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On 12/11/2019 at 10:26 AM, centex said:

It is not an issue of 'being the incorrect thing' since there is NOT a one-size-fits-all approach to credit issues.  There are different opinions as to approaches, with some of us advocating an efficient and effective manner that gets a provider taken care of in the most expeditious manner possible while some prefer recommending that posters drag things out while leaving the provider unpaid. 

 

At the most basic level, it is akin to looking at the differences in State law where the manner of practice in one jurisdiction (Louisiana) is VERY different than practice in the other 49 States because of the Napoleonic Code that is still utilized in Louisiana.  In fact, law schools in THAT State actually offer two different tracks based upon whether the student intends to practice in Louisiana or in some other State. 

 

Alternately, you can look at it like a traffic ticket where many will choose the defensive driving option because it is easy even though it leaves a mark on the record that won't exist if you show up for docket call and get a deferred disposition.  Either option avoids a finding of guilt but one leaves the record without any rabbit droppings of the earlier citation...different approaches to obtain the same gross result, albeit not the net result. 

Understood Centex, I understand this break down. I tried to going directly to see an account manger approach and it didn't work for me. So I'm glad I have that understanding and can now move forward with a different approach. Thank you.

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1 hour ago, Ken1720 said:

Hi WhyChat, yes it got kind of crazy there. Trying my best to both read everything comprehend seeing as I'm still relatively new to this realm and definitely new to this particular process. 

Here is me answering as concretely as possible. I sent the HIPAA Letter to both Equifax and TransUnion already. I assume you mean that you sent the initial dispute letter?? https://whychat.me/hipaadisp.html That is the first and only thing I have sent in regards to the first collection. I'm just now seeing a remark on the collection for Equifax (it was not removed) saying 'Consumer disputes this account information Medical' . Though I have not receive any actual mail from them in response to the letter. Let me know if I have done any wrong according to this process. I did see it saying only to use the letter in the first link you sent if the HIPAA letter could not be used immediately. So hopefully, I understood correctly.

 

And you are correct, it did not report to Experian. Thank you.

OK, now you send the reporting CA the medical DV ( 1 for Eq and 1 for TU in the same envelope)  

https://whychat.me/ltrcavalhipaa.html 

and send Eq and TU the follow up dispute

https://whychat.me/ltrcavalhipaa.html#DISPUTE

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1 hour ago, Why Chat said:

OK, now you send the reporting CA the medical DV ( 1 for Eq and 1 for TU in the same envelope)  

https://whychat.me/ltrcavalhipaa.html 

and send Eq and TU the follow up dispute

https://whychat.me/ltrcavalhipaa.html#DISPUTE

Yes, that is correct. the Initial Dispute Letter is what I sent. Now, if TU already removed the original collection (I'm going to start referring to the original collection as Collection 1 and the other collection as Collection 2 to prevent confusion. Collection 1 was what I started the process to get rid of initially. I knew Collection 2 was on the way but hadn't posted yet. It has now posted.) 

 

So let me start again. TU removed Collection 1 after I sent the initial dispute letter. I have not yet sent another initial dispute letter for Collection 2 just yet. With that said, should I still be sending a medical DV to TU? Or should that be after I've sent the initial dispute letter for Collection 2.

 

On EQ, Collection 1 is still reporting either hasn't gotten to reporting Collection 2 yet or it won't. Not sure. Collection 2 is reporting as the only collection seen on TU. I'm being overly thorough again just to make sure I'm being clear.

 

Saying all this because the sending the DVs in the same envelope for both TU and EQ did confuse me a bit. Would I still do this is Collection 1 is no longer reporting on TU? And if so, are you saying to send both EQ and TU's DV in one envelope , 1 pair to TU's address and 1 pair to EQ's address?

 

Thank you very sincerely for your patience. Things are clearing up in terms of understanding just doing my best to ask questions to fill the gaps in between my understanding. 

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OK, I THINK I got it!!

 

You sent the initial dispute letter for account #1 to TU and Eq -TU deleted, Eq did not.

Send the CA for THAT account #1 the medical DV for Eq ONLY send EQ the follow up dispute.

 

Send the initial dispute letter to TU for account #2

 

NOTHING is reporting to Ex?? 

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