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Medical Collection-Proof of insurance payment now changing the reason for the collection

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ccadkins
Member

Medical Collection-Proof of insurance payment now changing the reason for the collection

I have a medical collection on my report assigned on 10/2011.  It shows the amount due $166 and the date of service 4/21/2010.  I contacted the collection agency and told them this was not correct and explained that I paid my co-pay for the visit and they insisted that I still owed for the visit.  I only found out about the collection because I applied for a mortgage and saw it on my credit report from my lender.  I contacted my insurance provider and they said the claim had been paid for that date of service.  It didn't really affect my mortgage loan so I didn't push the problem and figured it wouldn't matter, especially if it had been paid.  (In my defense, I knew NOTHING about credit scores and reports and how this whole thing works. I've have learned so much in the last month that I am kicking myself for not handling this right away.)  Flash forward to about 2 months ago and I am now trying to obtain a mortgage again in a new area because of a job relocation and my lender says they can't approve me because of low scores.  So I start on my path of really looking at my credit and what is wrong.  This collection is still on my report.  (There were other items that have also factored into the low scores and have been corrected like a problem with the previous mortgage company due to the company buy out process but all of that is fixed or in the process of being fixed so the scores are where they need to be at this point, I just want this collection removed.)  I disputed the collection with all three reporting bureaus and received the notice that they verified the item and it was reported correctly.  I disputed the information with the collection agency and sent proof of my explanation of benefits from my insurance company as well as a receipt for my payment to the doctor's office showing I paid my co-pay.  I sent the statement from the collection agency saying I was being billed for the same date of service that my insurance and receipt show has been paid.  Now the collection agency is saying I owe for a missed appointment and not the date of service that is listed on their original statement.  On my credit report it lists the date of delinquency as 4/2010 but now the collection agency is saying the missed appointment that they are billing me for was 5/2010.  Can they do this?  Since I sent proof that I don't owe them anything at all can they now change what they are collecting for?  I don't know how to get this problem resolved.  I have sent all of the documentation to the collection agency, the credit bureaus and the original creditor.  WHat now?

Message 1 of 9
8 REPLIES 8
webhopper
Moderator Emeritus

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection


@ccadkins wrote:

I have a medical collection on my report assigned on 10/2011.  It shows the amount due $166 and the date of service 4/21/2010.  I contacted the collection agency and told them this was not correct and explained that I paid my co-pay for the visit and they insisted that I still owed for the visit.  I only found out about the collection because I applied for a mortgage and saw it on my credit report from my lender.  I contacted my insurance provider and they said the claim had been paid for that date of service.  It didn't really affect my mortgage loan so I didn't push the problem and figured it wouldn't matter, especially if it had been paid.  (In my defense, I knew NOTHING about credit scores and reports and how this whole thing works. I've have learned so much in the last month that I am kicking myself for not handling this right away.)  Flash forward to about 2 months ago and I am now trying to obtain a mortgage again in a new area because of a job relocation and my lender says they can't approve me because of low scores.  So I start on my path of really looking at my credit and what is wrong.  This collection is still on my report.  (There were other items that have also factored into the low scores and have been corrected like a problem with the previous mortgage company due to the company buy out process but all of that is fixed or in the process of being fixed so the scores are where they need to be at this point, I just want this collection removed.)  I disputed the collection with all three reporting bureaus and received the notice that they verified the item and it was reported correctly.  I disputed the information with the collection agency and sent proof of my explanation of benefits from my insurance company as well as a receipt for my payment to the doctor's office showing I paid my co-pay.  I sent the statement from the collection agency saying I was being billed for the same date of service that my insurance and receipt show has been paid.  Now the collection agency is saying I owe for a missed appointment and not the date of service that is listed on their original statement.  On my credit report it lists the date of delinquency as 4/2010 but now the collection agency is saying the missed appointment that they are billing me for was 5/2010.  Can they do this?  Since I sent proof that I don't owe them anything at all can they now change what they are collecting for?  I don't know how to get this problem resolved.  I have sent all of the documentation to the collection agency, the credit bureaus and the original creditor.  WHat now?


You should send a direct dispute to the CA and the Dr. Office.  You can also send a dispute to the credit reporting agencies via regular snail mail, and send copies of your documents along with the dispute.

The Dr. Office will be most likely to look at this and decide that you don't owe what the CA is claiming.

 

It may help to call them up.   They have the power to pull back the collection once they review your documents...  Once the collection is pulled back, then the CRA should delete the reporting

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 2 of 9
guiness56
Epic Contributor

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

I would only dispute one at a time.  And since the CA is reporting that is who I would ultimately start with.  Technically, they would need to go to the OC anyway.

 

If you dispute with all 3 at the same time, they may all consider it frivolous and not do anything.

Message 3 of 9
ccadkins
Member

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

I disputed with the CA and they changed the collection.  The original debt they were trying to collect for was an appointment on 4/21/2010.  I proved that I paid my copay and my insurance paid their portion and nothing else was due, now the CA is saying that the debt is for a missed appointment and not the appointment on 4/21/2010.  Same amount, same account numbers, but they changed the collection from the date of service on 4/21/2010 to a date in 5/2010.  The original creditor won't even talk to me about the account saying that their office does not handle collections.  Are they allowed to just change the reason for the bill after I prove I don't owe anything to try to make me pay for something else?

Message 4 of 9
guiness56
Epic Contributor

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

No, they are not.

 

If the OC does not handle collections, who does? 

 

I would send the CA a direct dispute under FCRA 623(a)(8).  They have to respond to you within 30 days and either delete or update.  If they don't you can file a complaint with the FTC.  The BBB may get you somewhere also.

 

In the letter to the CA make sure to include all your prior conversations and any proof you may have.  Be as detailed as possible.  Here is a template.  Leave the bolded black and fill in the other things beneath.

 

“This is a Notice of Direct Dispute with you, under the provisions of FCRA §623(a)(8)(D), of the accuracy of information you have reported to my credit file.

This is a direct dispute of credit reporting. This is not a request for debt validation/verification  under FDCPA §809(b).”.
               
“In compliance with FCRA §623(a)(8)(D), and enacting regulations published at  16 CFR § 660.4, this Notice of Direct dispute includes:

 “Identification of the specific information being disputed:
           (specify the account number, and the specific information that is disputed under that identifying account)

“Basis for the dispute:

            (how the reporting was inaccurate;    was any reporting in violation of any statutory or regulatory provisions?  account or express agreements?  CRA reporting gudelines? Account not yours? etc.)

“Supporting documentation:

            (all documents that support your dispute; it is recommened to also include, as part of your documentation, at least a copy of the portion only of your recent credit report showing their reporting of the disputed information was actually reported to your credit flle.  The implementing rule suggests a  showing that it appeared in your credit report)

Message 5 of 9
ccadkins
Member

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

Thank you, thank you, thank you!  

I will send the letter right away.  Should I send it CMRRR or does it matter?  

I appreciate your help, it's hard not to feel defeated when "they" have all the power in this situation.

Message 6 of 9
guiness56
Epic Contributor

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

Yes, definitely CMRRR.

 

They don't have all the power, they just want you to think so.

 

You are very welcome.

Message 7 of 9
webhopper
Moderator Emeritus

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

Fyi I think you have the right to dispute under the fair billing practices act since they are attempting to bill /collect something that you do not know about. The link to the FTC site which discusses billing errors is http://www.consumer.ftc.gov/articles/0219-fair-credit-billing If they wont discuss the billing error with you; send the original creditor A direct dispute of the charges in accordance with the fair billing act.

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 8 of 9
webhopper
Moderator Emeritus

Re: Medical Collection-Proof of insurance payment now changing the reason for the collection

Date Your Name Your Address Your City, State, Zip Code Your Account Number

Name of Creditor Billing Inquiries Address City, State, Zip Code

Dear Sir or Madam:

I am writing to dispute a billing error in the amount of $______on my account. The amount is inaccurate because (describe the problem). I am requesting that the error be corrected, that any finance and other charges related to the disputed amount be credited as well, and that I receive an accurate statement.

Enclosed are copies of (use this sentence to describe any information you are enclosing, like sales slips or payment records) supporting my position. Please investigate this matter and correct the billing error as soon as possible.

Sincerely,

Your name

Enclosures: (List the enclosures.)
FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 9 of 9
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