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Removing medical collection

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Anonymous
Not applicable

Removing medical collection

My wife ended up with Multiple Sclerosis in 2012. It has put a financial burden on us, and ulitmatley she had some bills tuned over to collections. All of these charges were for her. I don't even recall getting notices in the mail from the hospital or the CA. Either way, we finally got a letter in the mail from an attorney and that caught my attention. I called them and they said the bills were turned over to them in Sept. 2014. I just now found out about them (April 2015), althought they claim they have mailed several letters and made several phone calls. However, all of these attempts were to my wife's phone, not mine. I called the hospital and they can't pull them back, they were sold to the CA. I asked what the charges were for and becasue of HIPPA then can't tell me anything. My question/problem is that the CA is sending me the notice for collections, and has placed them on my credit report. Obviously, i understand that my wife and I are married so this is "our" debt. I sent the CA a debt validation letter via certified mail. Two days later i get copies of the original statements with some detail of the procedures. This came directly from the hospital. In the letter i asked for the CA license information, original creditor, original statements or contracts etc... so I don't really feel like the statements I received from the Hospital is an adequate response from the CA. Maybe they will send me the other information yet, i'll wait and see. I'm curious if they have broken some kind of HIPPA privacy since they sent this info to me and is there anything i can use to help get these derogatory marks off my credit. Honestly, my wife and I don't even really have a problem if they remain on her credit, if that is the best they can do, but for them to be on my credit really pulls me down (50pts) and i have had very good credit. I plan to write a pay for delete letter but is there anythign i can add to help my cause? I just read the three reporting agencies have lossened up the way they look at medical collections as well. I fully plan to pay in full if that is what it takes, and fully accept this is our bill to pay but it seems ridiculous that by HIPPA rules I can't really know about my own wife's medical activies yet a CA can slap these marks on my credit report. The ultimate goal is to get them removed from both our reports. My score is 760 or so, and was above 800 before. Never had a late payment in my life, just some high credit card utilization (because of medical bills) and now this. The debt is for $1000 total for 10 charges. Any insight would be appreciated. Thanks.

Message 1 of 10
9 REPLIES 9
Anonymous
Not applicable

Re: Removing medical collection

Back when the procedures were done, who was billed? You? Your wife? Both of you? Did you sign anything to guarantee payment? I don't care if you are married or not, if your name wasn't on any of the original billing, then you should not be held liable. Unless the laws are completely screwed up in your state, I would say what they are doing cannot be done if your name was not on any of the original billing. They should go after your wife, not you.

 

If your name was on the original billing, then you are responsible for the bill. If that is the case, try to get a "pay for delete" known as "pfd" on the forums. This means that you pay the collection agency and in exchange they remove the collection from your reports. Do some reading on "pfd" if this is the case.

Message 2 of 10
gdale6
Moderator Emeritus

Re: Removing medical collection


@Anonymous wrote:

My wife ended up with Multiple Sclerosis in 2012. It has put a financial burden on us, and ulitmatley she had some bills tuned over to collections. All of these charges were for her. I don't even recall getting notices in the mail from the hospital or the CA. Either way, we finally got a letter in the mail from an attorney and that caught my attention. I called them and they said the bills were turned over to them in Sept. 2014. I just now found out about them (April 2015), althought they claim they have mailed several letters and made several phone calls. However, all of these attempts were to my wife's phone, not mine. I called the hospital and they can't pull them back, they were sold to the CA. I asked what the charges were for and becasue of HIPPA then can't tell me anything. My question/problem is that the CA is sending me the notice for collections, and has placed them on my credit report. Obviously, i understand that my wife and I are married so this is "our" debt. I sent the CA a debt validation letter via certified mail. Two days later i get copies of the original statements with some detail of the procedures. This came directly from the hospital. In the letter i asked for the CA license information, original creditor, original statements or contracts etc... so I don't really feel like the statements I received from the Hospital is an adequate response from the CA. It is sufficient for validation. All they have to provide is original creditor and balance the rest is fluff and not required by law.

 

Maybe they will send me the other information yet, i'll wait and see. I'm curious if they have broken some kind of HIPPA privacy since they sent this info to me and is there anything i can use to help get these derogatory marks off my credit. Honestly, my wife and I don't even really have a problem if they remain on her credit, if that is the best they can do, but for them to be on my credit really pulls me down (50pts) and i have had very good credit. I plan to write a pay for delete letter but is there anythign i can add to help my cause? I just read the three reporting agencies have lossened up the way they look at medical collections as well. I fully plan to pay in full if that is what it takes, and fully accept this is our bill to pay but it seems ridiculous that by HIPPA rules I can't really know about my own wife's medical activies yet a CA can slap these marks on my credit report. The ultimate goal is to get them removed from both our reports. My score is 760 or so, and was above 800 before. Never had a late payment in my life, just some high credit card utilization (because of medical bills) and now this. The debt is for $1000 total for 10 charges. Any insight would be appreciated. Thanks. As stated if you didnt sign any papers it should not be on your CR only the person siging as guarantor should get the reporting I will give you the sequence for dealing with medical collections however you have already tried step 1 so move on to step 2.

 

For unpaid medical debt that is reporting on your CR:

1. Call the OC and ask that they recall the collection in exchange for full payment
2. Send the reporting CA a PFD offer
3. Google the HIPAA Process and contact its creator for help

 

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Q-amp-A-Examples-and-PFD-Success-Stories/td-p/2031275

http://ficoforums.myfico.com/t5/Rebuilding-Your-Credit/PFD-Example-Letter/td-p/4519


 

Message 3 of 10
Anonymous
Not applicable

Re: Removing medical collection

The charges and procedures are all in my wife's name. However all of this goes through my health insurance which i have through my employer so I'm wondering if that is why they are coming after me. I don't even have an account at this hospital.
Message 4 of 10
Anonymous
Not applicable

Re: Removing medical collection

I spoke to the hospital today and they show that my wife is her own guarantor. I'm not listed as anything except the spouse. All the charges are hers, all the bills are hers and everything comes in her name in the mail. All contact info is hers. So can the CA still slap this on my credit report? Just because we're marrried? What grounds can i fight this to be removed from my credit report. Also, in speaking with the HR person at the hospital she told me that their new policy is to only work with CAs who agree to remove collections from credit reports once they are paid in full. Apparently this new policy took effect toward the end of 2014, but this is the same CA they were working with back then. I sure would think they should honor their new policy. Thoughts.

Message 5 of 10
Anonymous
Not applicable

Re: Removing medical collection

I think whether or not they can legally place this on your reports hinges on whether you live in a community property state or a common law property state. Debts are more or less treated like property under the law, is my understanding.

Message 6 of 10
gdale6
Moderator Emeritus

Re: Removing medical collection


@Anonymous wrote:

I think whether or not they can legally place this on your reports hinges on whether you live in a community property state or a common law property state. Debts are more or less treated like property under the law, is my understanding.


Even in a community property state they cannot be putting it on ones credit report if they didnt sign any papers, they would have the option to sue both parties in court because its a community property state. My advice to the OP is to pay it off  (to the OC) and have them delete the collections from both his & DWs reports.

Message 7 of 10
Anonymous
Not applicable

Re: Removing medical collection

So any advice on next steps now that I've found out that my wife is her own guarantor. These are her bills, her charges yet they are showing up on her and my credit reports. I understand showing up on her report but not mine. Should i send a PFD letter for my report only or her as well? Can I dispute the marks on my CR since they aren't mine? We are in ND, not a community property state. Or should I send a PFD letter and request they delete on both our CR? I feel like I'd have a better chance splitting this out...a PFD letter for me and one for her? I've looked into the HIPAA process and that seems like a possibility but I'm a bit reluctant to go down that road. Any thoughts as i move forward? Thanks. 

Message 8 of 10
gdale6
Moderator Emeritus

Re: Removing medical collection


@Anonymous wrote:

So any advice on next steps now that I've found out that my wife is her own guarantor. These are her bills, her charges yet they are showing up on her and my credit reports. I understand showing up on her report but not mine. Should i send a PFD letter for my report only or her as well? Can I dispute the marks on my CR since they aren't mine? We are in ND, not a community property state. Or should I send a PFD letter and request they delete on both our CR? I feel like I'd have a better chance splitting this out...a PFD letter for me and one for her? I've looked into the HIPAA process and that seems like a possibility but I'm a bit reluctant to go down that road. Any thoughts as i move forward? Thanks. 


For yourself I would be sending the reporting entities a direct dispute with demand they be removed. Your wife should be sending PFD offers. All I can tell you on the HIPAA is to contact is creator for help we cannot discuss it in detail on these forums.

Message 9 of 10
Anonymous
Not applicable

Re: Removing medical collection

Update. I sent PFD letters to the CA on April 24, 2015 and have not heard back. Would you reccomend i send a follow up letter or wait it out some more? Or should i just call them and ask them what the status of their response is? Thanks.

Message 10 of 10
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