topic DOFD on medical debt with several dates of service, and other questions in Rebuilding Your Credit

DOFD on medical debt with several dates of service, and other questions

Anonymous — Wed, 22 Apr 2015 22:47:07 GMT

This is my last baddie, and I have a feeling they're violating something.

Dates of service: 11/2008, 06/2009, 07/2009, 08/2009
I'm being told the "original" DOFD is 06/2010 (the date it was sold to the CA)
I was told - by the rep - that they updated my DOFD to 08/2014 because a mysterious payment came through. She told me DOFD is the same as SOL (I know it's not).
I was denied the balances from the dates of service, and was told to contact the doctor. (Note: I have contacted the doctor, they will only tell me the amount sent to the CA and say since it was sold they no longer have the records.)
There has been $500 in interest added, although they wil not tell me when, the percentage used or how it was calculated.

How do I approach this one? It's well beyond the timeframe for validation.

Re: DOFD on medical debt with several dates of service, and other questions

gdale6 — Wed, 22 Apr 2015 22:51:10 GMT

@Anonymous wrote:
This is my last baddie, and I have a feeling they're violating something.

Dates of service: 11/2008, 06/2009, 07/2009, 08/2009
I'm being told the "original" DOFD is 06/2010 (the date it was sold to the CA)
I was told - by the rep - that they updated my DOFD to 08/2014 because a mysterious payment came through. She told me DOFD is the same as SOL (I know it's not).
I was denied the balances from the dates of service, and was told to contact the doctor. (Note: I have contacted the doctor, they will only tell me the amount sent to the CA and say since it was sold they no longer have the records.)
There has been $500 in interest added, although they wil not tell me when, the percentage used or how it was calculated.
How do I approach this one? It's well beyond the timeframe for validation.

Medical people bill within 30 days of service so I would add 1 month to above for billing then another month for it to be late (the DoFD), You are being told a bunch of BS that the DoFD is date was sold to CA and its also BS that DoFD changes when payment is made, the DoFD is set in stone once the account is never brought current and COed. I wouls suggest you calaculate th exact DoFD and then file a CFPB complaint against the offending CA.... Its illegal to reage an account and changing the DoFD is exactly that.

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Wed, 22 Apr 2015 22:55:07 GMT

Do I calculate DOFD from the date of first service or last service?

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Wed, 22 Apr 2015 22:58:24 GMT

I'm also half tempted to file a complaint simply on one of the statements she made. "You made a payment, who restarts the statute of limitations, which means we can report this until 2024."

I informed her I did NOT make a payment, and she said I was right, it was a credit. But "any payment received restarts the SOL". Sounds to me like they made a "payment" to restart it, but maybe I'm paranoid.

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Wed, 22 Apr 2015 22:59:44 GMT

@Anonymous wrote:
This is my last baddie, and I have a feeling they're violating something.

Dates of service: 11/2008, 06/2009, 07/2009, 08/2009
I'm being told the "original" DOFD is 06/2010 (the date it was sold to the CA) An outright lie and the CA knows it.
I was told - by the rep - that they updated my DOFD to 08/2014 because a mysterious payment came through. She told me DOFD is the same as SOL (I know it's not). Another outright lie on both counts.
I was denied the balances from the dates of service, and was told to contact the doctor. (Note: I have contacted the doctor, they will only tell me the amount sent to the CA and say since it was sold they no longer have the records.)
There has been $500 in interest added, although they wil not tell me when, the percentage used or how it was calculated. State law regulates what interest rate can be legally charged on delinquent debts. Google it.
How do I approach this one? It's well beyond the timeframe for validation.

Record their calls. Lying and being deliberately deceptive in order to collect a debt is a violation of FDCPA. Document their lies, hire a consumer attorney and hit them with an ITS for deliberate violations of FDCPA.

The actual reported DoFD can be obtained directly from the CRA's this is being reported on. Get it from them. If it has been changed from the original reported DoFD that another violation.

Re: DOFD on medical debt with several dates of service, and other questions

gdale6 — Wed, 22 Apr 2015 23:03:41 GMT

@Anonymous wrote:
Do I calculate DOFD from the date of first service or last service?

With medical bills you would have a DoFD for each separate billing so 4 diff dates.

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Wed, 22 Apr 2015 23:07:54 GMT

It's all on one TL, so it couldn't have 4 DOFDs. Or could it?

Re: DOFD on medical debt with several dates of service, and other questions

gdale6 — Wed, 22 Apr 2015 23:10:48 GMT

@Anonymous wrote:
It's all on one TL, so it couldn't have 4 DOFDs. Or could it?

Legally each billing has its own DoFD if never paid. The fact they lumped it into one is better for the number of items reporting on your CR but it is also obviously leading to what I believe to be direct violations of law.

Re: DOFD on medical debt with several dates of service, and other questions

RobertEG — Wed, 22 Apr 2015 23:48:54 GMT

If they are rolling subsequent debt into the original debt, then the DOFD would be the date you first went delinquent on the first portion of what they are considering to be one debt, albiet the debt balance is being increased due to additional charges. Increasing the amount of the asserted debt never recommences when the debt first came into default.

You can only have one DOFD on one reported collection.

If the debt collector is reporting s single collection based on plural prior medical billings, that is their choice, and limits them to only one reported DOFD upon which the CRA must then base their credit report exclusion calculation.

Reporting of the DOFD is not a matter of debt validation, which is under the FDCPA. It is a matter of accuracy of ther credit reporting, which is disputable under the FCRA without restriction as to time frame. The debt collector was required, under FCRA 623(a)(5), to obtain and report the DOFD on the OC account within 90 days after reporting of their collection, so the reported DOFD is of record in your file. You can dispute the accuracy of that reporting by use of either a dispute sent to the CRA, or by way of direct dispute sent to the debt collector.

You should first dispute its accuracy, and obtain an investigation by the debt collector before filing a complaint with the CFPB. Present your documentation and arguments as to what the correct DOFD should be, and receive either their verification that they consider the reporting accurate as shown, or their correction.

It could be a simple and unintentional inaccuracy to which they may, upon seeing your documentation and arguments, agree.

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Thu, 23 Apr 2015 01:48:22 GMT

@RobertEG wrote:
If they are rolling subsequent debt into the original debt, then the DOFD would be the date you first went delinquent on the first portion of what they are considering to be one debt, albiet the debt balance is being increased due to additional charges. Increasing the amount of the asserted debt never recommences when the debt first came into default.

You can only have one DOFD on one reported collection.
If the debt collector is reporting s single collection based on plural prior medical billings, that is their choice, and limits them to only one reported DOFD upon which the CRA must then base their credit report exclusion calculation.

Reporting of the DOFD is not a matter of debt validation, which is under the FDCPA. It is a matter of accuracy of ther credit reporting, which is disputable under the FCRA without restriction as to time frame. The debt collector was required, under FCRA 623(a)(5), to obtain and report the DOFD on the OC account within 90 days after reporting of their collection, so the reported DOFD is of record in your file. You can dispute the accuracy of that reporting by use of either a dispute sent to the CRA, or by way of direct dispute sent to the debt collector.

You should first dispute its accuracy, and obtain an investigation by the debt collector before filing a complaint with the CFPB. Present your documentation and arguments as to what the correct DOFD should be, and receive either their verification that they consider the reporting accurate as shown, or their correction.
It could be a simple and unintentional inaccuracy to which they may, upon seeing your documentation and arguments, agree.

Thank you, Robert. This sounds like the least stressful approach as of right now.

It sounds like I would first need to get confirmation of the DOFD from TU, then the first date of service from the OC. I can't get anywhere with their billing department, but perhaps their medical records department would have something to use. If the DOFD is not DoS + 180 days (or less), I would then file a dispute with TU, correct? Or would it be best to file a direct dispute with the CA?

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Fri, 24 Apr 2015 18:56:39 GMT

I ended up filing a complaint. TU has the DOFD as June 2010 (when the CA received the account) and the CA is refusing to give me additional information.

The whole thing ticks me off. I never once refused to pay. In fact, I offered to pay once I had certain pieces of information in writing - really, just a balance sheet.

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Fri, 24 Apr 2015 22:16:36 GMT

Sending you a pm!

Re: DOFD on medical debt with several dates of service, and other questions

RobertEG — Fri, 24 Apr 2015 22:40:19 GMT

Under FCRA 623(a)(5), the debt collector is required to contact the OC and attempt to obtain the DOFD.

If they make a reasonablle attempt to obtain the DOFD from the OC, but are unsuccessful, they are still required to report a DOFD, and may then make their best estimate, but cannot report a date later than the date they received their collection authoriyt.

The debt collector is thus not necessarily incorrect in reporting of a DOFD that is the date they received their collection authoirity if they dont know and cant get the actual DOFD from the OC.

Re: DOFD on medical debt with several dates of service, and other questions

Anonymous — Sat, 25 Apr 2015 00:33:56 GMT

@RobertEG wrote:
Under FCRA 623(a)(5), the debt collector is required to contact the OC and attempt to obtain the DOFD.
If they make a reasonablle attempt to obtain the DOFD from the OC, but are unsuccessful, they are still required to report a DOFD, and may then make their best estimate, but cannot report a date later than the date they received their collection authoriyt.

The debt collector is thus not necessarily incorrect in reporting of a DOFD that is the date they received their collection authoirity if they dont know and cant get the actual DOFD from the OC.

Right. The issue at hand is they know the dates of service. They're contending the DOFD isn't related to the dates of service or even when I was billed, but the date they received it and/or the date the last payment was received.