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dental bill in collections

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tryingtogetitrightnow
Regular Contributor

dental bill in collections

A couple years ago my ex-wife had brought my kids to the dentist and used my insurance. She never paid the copays, and it went to collections. I found out about this recently (September 2007) when I pulled my credit report. I called the OC and got no response. I sent them a letter telling them it should not be on my credit report. I got a response back from the CA referencing my letter to the OC and an account history report for my ex-wife's account at the dentist office.

I talked with the CA on the phone who told me I was responsible even though my ex had signed the payment authorization form. I disputed this with the CRA's and it came back as verified. A couple weeks ago, I sent the CA a PFD for the full amount ($495). Yesterday, I got an account history report for my ex-wife's account at the dentist office. It details all of the dental procedures that were performed, insurance that was paid, bills that were sent to my ex-wife (that she never paid). I thought the CA would accept my PFD (especially since my ex will never pay up).

So, I am not sure how to proceed from here. First of all, is there a HIPAA violation here? I didn't think the CA was supposed to have descriptions of procedures that were performed (including a prescription for valium). Or should I just DV the CA for this account? I never signed anything stating that I would pay for treatment.

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
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Message 1 of 13
12 REPLIES 12
tryingtogetitrightnow
Regular Contributor

Re: dental bill in collections

bump

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
Take the myFICO Fitness Challenge
Message 2 of 13
Anonymous
Not applicable

Re: dental bill in collections

The way I understand it, and I could very well be wrong, whoever packs the insurance is responsible for the copays-legally.
 
Is the bill for your ex-wife's treatment or your children's treatment?
Message 3 of 13
tryingtogetitrightnow
Regular Contributor

Re: dental bill in collections

The dental treatment was for my kids. If I had known about the copays, I would have paid them at the time. The insurance was under my name. I paid all of the premiums for this insurance (gladly). However, all of the bills are in my ex-wife's name and I never received anything from the OC or the CA in the mail except for the statement copies in response to my recent letters.

By the way, now I am taking them to a new dentist so I can make sure all of the copays get paid. When I took them to the new dentist, I had to sign a form that said that I would pay for their bills. I never signed anything like that at the old dentist. I would guess that form is signed for a reason?

If I DV the CA, they won't be able to supply anything that has me authorizing treatment or accepting responsibility for expenses incurred.

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
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Message 4 of 13
tryingtogetitrightnow
Regular Contributor

Re: dental bill in collections

bump.

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
Take the myFICO Fitness Challenge
Message 5 of 13
tryingtogetitrightnow
Regular Contributor

Re: dental bill in collections

Also, when I DV the CA should I just add in wording to tell them to have the inquiry that is posted on my credit reports removed as well? From what I've read of the Pintos ruling, they were not allowed to pull my credit, and I would think they might be scared of being sued for damages. What do you all think?

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
Take the myFICO Fitness Challenge
Message 6 of 13
Anonymous
Not applicable

Re: dental bill in collections

Always DV before anything else with a CA!
Message 7 of 13
tryingtogetitrightnow
Regular Contributor

Re: dental bill in collections

I am DV'ing them now. Tried a PFD first since it would have been worth it to me. I am currently drafting this letter and went off of the template that is posted here for a DV letter. However, I'm also thinking of adding in something like:

In addition, in my TransUnion credit report, it indicates that Olympic Collection pulled my credit report on 9/13/2007. Since I have never voluntarily sought credit with Olympic Collection, this was a violation of the FCRA as recent caselaw from the Ninth Circuit (Pintos vs. Pacific Creditors Association) confirms. This inquiry must be deleted immediately from my credit report.

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
Take the myFICO Fitness Challenge
Message 8 of 13
Anonymous
Not applicable

Re: dental bill in collections

LETTER FOR NO  PP    make changes where needed & do not sign eith  the DV or this letter!!!
 
 
Non-PP Puller Company
Address
City State Zip Code
 
To Whom It May Concern:
 
I have noticed that you have placed an inquiry on my _________ credit file dated ________. As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.
 
[Describe any additional details about the inquiry here if need be. For example, your a subscriber to XXXX monitoring service and XXXX company pulled a "hard inquiry" on one of your reports.]
 
Based on the evidence in my possession, this inquiry was performed under false pretenses as described in the clear language of the law. 15 USC §1681n(a)(1)(B ) states, in part, "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;"
 
You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law -- performing a "hard inquiry" on my __________ file without my permission. I do hope that we can settle this matter amicably. You can remove the inquiry within one (1) business day of the receipt of this notice. Or, we can meet in court where you will end up removing the inquiry, paying me the civil liability fine, punitive damages for my score drop, plus court and attorney fees. The choice is up to you.
Please contact me immediately at the address listed below.
 
Sincerely,
 
Consumer
Address
City State Zip Code

Message 9 of 13
tryingtogetitrightnow
Regular Contributor

Re: dental bill in collections

Thanks HappyDays,

Instead of telling them that they can remove the inquiry from my credit report, I was thinking of them removing the collection account (and inquiry) from my credit reports since that's really what I want. I'm trying to figure out the best way to combine the DV letter and the letter you listed below. Basically I want to say,

"You violated FCRA by pulling my credit report. You are civilly liable to me in the amount of $1,000.00 for your willful violation. You can remove the collection account and inquiry from all 3 credit reporting agencies within 1 business day of receipt of this letter, never validate them, and never reinsert them or we can meet in court..."

Of course it would be worded much more like you did. What do you think about that kind of request? As far as I know, I have them over a barrel. And this is all in addition to the fact that I never signed anything accepting payment responsibility for what they're attempting to collect on.

Starting Scores:10/09/13 EX ???; EQ 661; TU 668
Current Scores: 11/23/13 EX 655; EQ 679; TU 705
Goal Scores:700+ for all
Take the myFICO Fitness Challenge
Message 10 of 13
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