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After following all parts of the HIPAA process, we sent out the letter with payment to the OC. Today I received a letter back from the CA stating:
"Your recent check for the above referenced account was tendered with conditions that are unacceptable.
The conditions you imposed prevent us from accepting this check, and it is for this reason that this check is being returned to you. Should you have any questions regarding this matter, please contact your account manager..."
Enclosed was our initial letter and our certified check for full payment on the account. I have no idea what to do next?? Why did the OC send this to the CA? Does anyone have any experience with this and if so, any advice is greatly appreciated.
Before I can offer you some advice, I need to know if you followed these steps in the correct order before you sent the HIPAA letter to the OC.
Step #1: You must Opt Out of two things: Your Credit Reports and All Creditors. The first one ensures that the CRAs will not sell your personal data to anyone else (haha…no more data mining). The second one will prevent JDBs (and CAs) from buying and selling bogus collections.
Use this link to opt-out of your credit reports
OPT-OUT CREDIT REPORTS (or call 1.888.567.8688)
Use this link to opt-out from all of your CURRENT creditors that you're in GOOD standing with. Do not attempt to opt-out with any CAs or current creditors that you're in BAD standing with (i.e. charge-offs, or currently late).
Step #2: Also, be sure to update your personal information with the CRA's before attempting to reestablish your credit.
Step #3: Send the pre-HIPAA dispute letter to the CRA ('s) CM (no RR, this is the only letter in the HIPAA process where you will not send it CMRRR) and wait up to 35 days for the results of the their investigation(s). Be sure to handwrite this letter and use personalized stationary. If your med collection is deleted, you're finished.
PRE-HIPAA MEDICAL DISPUTE LETTER
The OC should have cashed the check, but the CA is still entitled to their commission. This can happen sometimes. Well, one thing is for sure, you cannot file a HIPAA complaint if the med collection is not paid. After the CRAs received your pre-HIPAA dispute letter, did the CA send you validation of the debt? Or, has the CA ever sent validation of the debt? The HIPAA letter to the OC is to be used when the CRA verifies your collection and the CA validates your med debt.
Switching gears here, is the med collection marked as "disputed and verified" on your credit reports?
None of them show as disputed and verified
Well, it appears you have been following HIPAA letter process correctly. You will have to get the OC to cash the check, otherwise your stuck. If the unpaid collection was proven to be bogus, you could file a HIPAA complaint against the OC, but that doesn't apply in your situation. Also, since the CA validated, you're not in a position to change gears and focus your attack against the CRAs by filing a complaint against them with the FTC. This is another effective way to get collections deleted if you can prove your case. Is there a difference between what the OC says you owe and what the CA says you owe?