Well I just got screwed!

[Jacque383]

I am so pissed off it's not even funny.

I had a medical collection appear on my credit report for a hospital in Virginia. This collection was back in 2003. When I called the insurance company they told me they’d held that open pending receiving the files from the hospital because the hospital reported it as an automobile accident. It wasn’t an automobile accident.

When I called the hospital they told me that if insurance paid it they would remove it from collections. They however would not recode it as it was an accident on a bicycle and they consider it an automobile accident.

I requested a copy of my files from them, but never received them. But  to make a long story short I got my insurance company to pay this bill in full on July 27, 2007.

I called today to verify that it would be pulled from collections and instead was met with an flat out refusal to pull it. However, they would update it paid to the credit reporting agency.

Great so why did I go through all that trouble with my insurance company only to have it updated to show as a new date and to get it paid. I screwed myself. It would have been better to leave it as unpaid.

I’m thinking about filing some complaints, or sending a letter to the CEO of the hospital or something…Anyone have  any suggestions?

Anyone know of a good attorney to take this on?

Message Edited by Jacque383 on 08-10-2007 10:06 AM

[Anonymous]

I always thought that if an insurance company was responsible for a debt that the creditor couldn't report it on your CR.  I had a similar problem from an injury that was covered by workmen's comp.  There was a mix up and a bill didn't get paid.  A year or so later when I saw it on my CR, I got everything fixed and the debt was paid in full by workmen's comp.  The workmen's comp insurance company told me that the CA would HAVE to remove the debt from my CR and they eventually did.

Good luck!

[Jacque383]

I don't suppose there's some kind of law to that effect is there?

[Anonymous]

I guess even the hospitals are studying Debt Collections 101--always lie!

Unfortunately, if they are working for the OC, then FDCPA does not apply to them--only FCRA.

See 15 USC 1692a(6)

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1692a

No caselaw for catching 'em because they lied about a deletion.

[Anonymous]

First of all that's the most ridiculous thing I've heard of.  People don't insure bicycles therefore there's no reason to code it as an auto accident because there's no insurance to collect from.  It should have simply been coded as an accident with your health insurance as primary.

Definitely contact the higher ups at the hospital.  You should NOT be responsible for the mistake of a registrar at the hospital.  It is the medical provider's obligation to get correct insurance information and to code things properly for insurance payment.  It was their fault that the appropriate insurance wasn't billed correctly in the first place, therefore, it should have never landed on your credit report.

[Anonymous]

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Jacque383 wrote:

When I called the hospital they told me that if insurance paid it they would remove it from collections. They however would not recode it as it was an accident on a bicycle and they consider it an automobile accident.

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Yeah  I was in a situation similar to your situation.  You should have got this in writing.  But it is too late for that now.  Go up the chain.  Then go to the BBB and PFB.  After a lot of complaining and several letters I finally got my lates removed.  It was not your fault that those lates are on your report.  LEt them know that this does not show creditworthyness or non creditworthyness so it should be removed.

[Anonymous]

The potential for legal action, IMHO, is suing because they reported it as a collection yet they are the ones who screwed up, didn't code it properly for insurance, and didn't respond to the insurance company's request for more info.

Probably worth a consult.

[Jacque383]

Thanks for all the thoughts and advice. This hospital is being a real pain.

I sent them another letter asking for reconsideration as well as copies of all medical records and information on how they code the billings. OH and I asked for proof that they sent me a bill and proof that I received that bill (I did not as I'd moved to a different state).

In return I received a letter stating that they are sending copies of the medical records, bills. As for proof that they sent the bill - they state that it was computer generated and therefore do not have copies to send to me.

On my request for information on how they handle the coding - they basically said they cannot send me that information. A classic "kiss off".

They also said that the collection company was representing the hospital and they would update the account as "paid" - it would remain on the credit reports.

The collection company did update it as paid - and they did not change the DOLA date when they updated so it still shows as 12/2004.

I'm frustrated. Oh well....