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Member
Posts: 22
Registered: ‎01-23-2013
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HIPAA or PDF Medical CA

Medical CA and see the HIPAA approach was used in the past but now it's best to use the PDF approach, this true?

 

EX does not show DOFD, but says Date Opened: 03/2011, EQ says DOFD 11/2010, TU says Estimated month and year that this item will be removed: 10/2017.  I am scared to stir this one up, it's not that much $195, but I am not sure whether it is close to the SOL (3 years in Alabama?).

 

Should I try to follow the HIPAA approach, PDF it, or find out when it will TRULY be out of the SOL and ask for it to be removed?

 

THANK YOU GUYS!

Moderator
Posts: 13,332
Registered: ‎04-15-2011
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Re: HIPAA or PDF Medical CA

It's a small amount.  And I serioulsy doubt it's past the SOL it being less than 2 years old.  I would try a PFD.



Starting Score: 504




July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
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Current scores after adding $81K in CLs and 2 new cars since July 2013
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Valued Contributor
Posts: 1,115
Registered: ‎10-31-2011
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Re: HIPAA or PDF Medical CA


Shogun wrote:

It's a small amount.  And I serioulsy doubt it's past the SOL it being less than 2 years old.  I would try a PFD.


+1 I would start with 75% to make this go away quick

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Member
Posts: 22
Registered: ‎01-23-2013
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Re: HIPAA or PDF Medical CA

OK, thank you beb.  I was actually thinking about doing %100, but if you think they will take %75 then I will start with that.

Mega Contributor
Posts: 19,862
Registered: ‎03-19-2007
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Re: HIPAA or PDF Medical CA

[ Edited ]

In your situation, the issue of expiration of SOL would not be my primary concern.

It is totally unrelated to credit reporting, and with that recent a DOFD, it has a long time to continue its credit scoring damage.  Expiration of a state statute of limitations is not basis for compelling deletion of any accurate credit reporting.

 

Even if still within SOL and they were to initiate legal action, you can always simply PIF before trial, eliminating a judgment being rendered by the court.

 

A PFD offer, while always iffy, settles the whole matter, if accepted.  The debt is satisfied, and CR exclusion is achieved.

I would make that offer.

 

The so-called HIPAA process has not, to my knowledge, as yet been affirmed as binding legal interpretation of the HIPAA statute in any jurisdiction.

Even if it were to be affirmed by a trial court, it would only become precedental once affirmed on appeal, and then only in that jurisdiction.

So it remains a legally undecided interpretation of the HIPAA statute that would not, in my opinion, be my bedrock in pursuing credit report deletion.

 

Member
Posts: 22
Registered: ‎01-23-2013
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Re: HIPAA or PDF Medical CA

Thank you RobertEG.

 

I saw on my EQ report where DOFD was 11/2010, I thought maybe in 11/2013 the SOL would be up and I could dispute, but now I see "Expiration of a state statute of limitations is not basis for compelling deletion of any accurate credit reporting."  I am still learning what the best approach is for CR exclusion.

 

"So it remains a legally undecided interpretation of the HIPAA statute that would not, in my opinion, be my bedrock in pursuing credit report deletion."  A suggested reading from this forum was to google 'whychat' and HIPAA, they make it seem like it is a golden egg for removing medical CA's.

 

I do not want to "get one over" on any legitimate debt.  I am starting a new job Monday.  I will be financially ready in the next month or two to take responsibility.  My past has been rough, but things are starting to look up :smileyhappy:

Moderator
Posts: 13,332
Registered: ‎04-15-2011
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Re: HIPAA or PDF Medical CA

With the SOL expiring, that would not be a reason for dispute.  The debt would still be valid, they could still attempt to collect and could still post to your CR.  It would only mean they couldn't use the court system to get their money.



Starting Score: 504




July 2013 score:
EQ FICO 819, TU08 778, EX "806 lender pull 07/26/2013
Goal Score: All Scores 760+, Newest goal 800+
Take the myFICO Fitness Challenge

Current scores after adding $81K in CLs and 2 new cars since July 2013
EQ:809 TU 777 EX 790 Now it's just garden time!
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