Trying to Sue all 3 Credit Agencies as well as Common Wealth

[Anonymous]

I wanted to see if anyone had a similar experience or thoughts on my situation. First, I had 2 medical debits that went into collections as outlined below. The statute of limitations is out for these accounts. The CA still has these accounts open and reporting monthly with all 3 CB’s. The issue is that the original 2 accounts were split into 4 different accounts by the CA with the line items being spilt out for the individual charges on the original account as described below. I have disputed numerous times with all 3 CB’s with no success items continue to come back as “verified”. However, a few weeks ago Equifax did remove 1 of them after I started an investigation with the Federal Consumer Protection Agency. However, nothing more has been done. I have also disputed with the BBB without any success. I have an appointment with an attorney that I described all of this information to over the phone. Per that conversation he wants me to bring in all of my credit reports before and after the disputes, as well as the other investigations, original statement of accounts, the letters from the CA, etc. which I have all sorted and clipped together by date for this coming week. These accounts remain unpaid becasue of the numerious inaccuries the files contains from the CA (Common Wealth), and I know if I do pay them this sistuation would not be corrected.

Does anyone have any thoughts on this?

Creditor Profile

Service Facility:

General Hospital,

Collection Agency:

Financial Systems

Account information

Independence Energ Physicians

Account# H4510******

Total related charges: $1,516.00

Statement Date: 11/20/2015

Account Status: Collection

Account# H4511******

Total related charges: $1,129.00

Statement Date: 11/20/2015

Account Status: Collection

Common Wealth Financial Systems

CFSI File ID: 685*

Original Creditor: Emergency Physicians

Original Account: 52140******

Current Balance $635.00

Service Date: 10/08/2011

CFSI File ID: 686*

Original Creditor:  Emergency Physicians

Original Account: 52140******

Current Balance $494.00

Service Date: 10/08/2011

CFSI File ID: 385*

Original Creditor: Emergency Physicians

Original Account: 52140******

Current Balance $502.61

Service Date: 9/25/2010

CFSI File ID: 685*

Original Creditor: Emergency Physicians

Original Account: 52140******

Current Balance $396.99

Service Date: 9/25/2010

(Edited out some info so it's not easy to indentify you.) 

[Callandra]

I'm a bit confused, what are you trying to sue over? Are the amounts incorrect or is it just that they are being reported as multiple collections? If you went to a hospital/ER, there are often multiple bills (since doctors are usually contracted and sometimes even the techs are as well) and the way hospitals bill results in multiple bills for one visit. Did you receive individual bills for all those charges or were they all on one bill originally?

Just because the SOL is over (they can't sue you for the debt anymore), that doesn't make the collections go away. They can still report for up 7 years and 180 days from DoFD (date of first deliquency). 

[Anonymous]

Hi,

The balances and multiple listings are incorrect. These 2 original accounts are the physician’s bill's from the visit. I have 2 account statements for the physicians visit of going to the hospital on the original debits. However, Common Wealth took it upon themselves to take the original debit and split the amount on the account as separate collection accounts to impact more severity on my credit report. If you add up 2 of the collection charges it matches the account balance on 1 account from the original statement.

Summary, 2 separate physician bills for 2 different visits occurred, with 2 account balances. Once Common Wealth bought the accounts as collection accounts they produced 4 collection accounts associated with the original 2 physician bills in question. Does this help?

[Mantis350]

Have you contacted your physicians's office to determine what accounts were actually sent to the CA?  I would contact them and provide your SSN and ask them what payment accounts went delinquent.  They could have very well split the account before even sending to the CA.  Also, you should have received at least 4 notices of failure to pay before this even went to the CA.  What accounts were listed on all of those notices?  As others have stated, SOL have no bearing whatsoever on the reporting of your delinquent debts.  They just can't come after YOU in court.  If you have all of your paperwork, I would go through and see what all you failed to pay the OC and then what the CA is reporting.  Your CR should have the original accounts (that were charged off) as well as the CA accounts.  Also, tey not to post too much personal info on here.  remove those acount numbers and some other things from your post. 

[Anonymous]

I’m not sure if I am not explaining this clearly. I have contacted the physician’s office and they provided me the original account statements. The original accounts that I referenced were not split by the original creditor. I have no problem paying the collection accounts, but why would I pay for these accounts when incorrect information is being presented to me? If I do this problem will not go away. The CA split the accounts up. How? Because I have all of the statements from the original creditor and I have discovered this when compared to the CA accounts that are being reported.

[RobertEG]

You have legal counsel to review your documents, so I would follow their advice.

You are also pending response from the CFPB, so they will give you their view after contacting the CRA.

Your attorney will advise you that your course, should they see a case, is to bring legal action for lack of a reasonable investigation of your dispute by the CRA, and not for the inaccurate reporting itself, for which you have no private cause of action.  See FCRA 623(c).

I would expect thst the CFPB will hear from the CRA and resolve the matter.  I would presume that your attorney will advise waiting for the CFPB response before taking any action.

[Anonymous]

Google the HIPAA Letter process follow it exactly as laid out.  If you have any problems finding the website or questions PM me.

[Anonymous]

Hi Robert,

Thank you so much for the response. The CFPB has completed their investigation and the CRA provided a response which as stated before it was investigated and verified. The CFPB stated I could reply with a rebuttal if I wished, and I did. The CFPB closed the case and referred it to the FTC. They also stated they have listed the complaint with state a federal law enforcement agencies.

[Mantis350]

have you contacted the CA directly and asked about a possible PFD agreement?  In my experience with CAs, I've discovered even if you get 20 people that say no, there could still be a CSR having a good day that says yes.  Always get the PFD in writing BEFORE paying. 

[Anonymous]

Hi Mantis!

I have sent 15 letters for PFD requests and NEVER had 1 response. Do you call them? If so does this open a can of worms?