New Medical Collection---HIPAA?

[FixCredit24]

I'm posting this here because I've done much research thru the forum and see that HIPAA may apply here. I apologize beforehand for the length but want to include all details. Here is my problem:

Yesterday I received an alert from Equifax showing a Medical collection. Of course this caused all 3 of my scores to drop substantially and I'm not sure what to do.

To begin with, I have no idea of this medical collection and honestly don't think i owe it. I haven't received any collection letters or even information from the OC.

EQ on myfico is showing the account as reporting 11/1/2007 even though it just popped up this month. It is also showing it as IIB, even though it wasn't because i have no knowledge of account. I filed bk 11/07 this may be the reason for this date. Everything else shows "not reported". Due to the lack of information received from the alert I went to EXP and ordered a report and immediately disputed the item.

EXP. show the report date of 10/2008 ( I assume this is the date the CA was assigned the account, since this corresponce with TU which i will discuss next) and a report date of 3/2009-This month.

TU received from myFICO shows the account as  paid and  closed 11/12/2007(the date i filed bk) and then says "date assigned "Oct. 16,2008"

The balance of this account is only $77 dollars. As I said I have no knowledge of this account and don't think i owe it. I received investigation results from EXP TODAY- A mere ONE DAY later. I've diputed items before and know that this process normally takes a month. I assume that they didn't verify any information since the account just popped up this month.

So, I'm not sure what to do next should I start the HIPAA process and if so, do i include EXP. even though I already disputed online?

Also, Is it legal for a CA to report an account after bk has been dicharged? Should I send a letter to address this? 

Thanks in advance

[fused]

I advise you to pull all three of your credit reports from freecreditreport or directly from the CRAs. MyFICO reports are almost always incomplete. Look to see if the collection is marked as disputed/verified. Also, the HIPAA letter process very rarely works when public records (BKs and judgments) are involved; unlike collections, public records are exempt from HIPAA.

[FixCredit24]

Experian shows disputed/ verified. (checked from annualcreditreport.com) It only says this today. I disputed yesterday! ONE DAY verification---I think not. I don't think they actaully verified anything since the account is so new. Also, experian is not reporting account as IIB only equifax.

The account is showing up as new 10/2008. Even though i know that IF it is accurate it has to be old. I was in and out of hospital when pregannt with my eldest daughter all the way in '06.

The account is not a judgment or PR it is a collection. Does this matter and if I can't go the HIPAA route, does anyone know my rights in regard to reporting after bk and not receiving notification.

[fused]

EX

Since EX already has it marked as disputed and verified, you'll have to wait six months to dispute the med collection again.

EQ

If this medical debt was IIBK, you will not be able to use the HIPAA letter process to have it removed from your report. Now if this debt was not IIBK and its reporting inaccurately, then we can do something about it.

TU

You might be able to use the HIPAA letter process. Is there any notation you disputed this med collection on your TU report?

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Was this debt IIBK?

[FixCredit24]

No, this debt was NOT IIB, as I didn't even know it existed. Also, I only disputed with EX not TU or EQ as of yet. Also, since EX has already verified can I still proceed with second step of HIPAA with them, sending letter to OC?

[fused]

EX

Since the collection is marked as disputed and verified, you'll have to wait six months or so to start all over using the HIPAA process. If you try to dispute again right now, EX might label you as a frivilous disputer, then you'll really be stuck.

EQ

Before you can start the HIPAA process, the med collection has to be disputed as not IIBK. There are some big risks to doing this, however. If EQ removes the IIBK notation, FICO scoring will treat this as a new collection because the collection will be "updated". Believe it or not, I don't think this collection is hurting you that much because its IIBK. Scoring wise, I don't think its a good idea to mess with this one. A lot of things will have to fall in place for this med collection to disappear.

TU

I think you're good to go with TU, so long as you can afford to pay this med collection if you have to. These are the steps.

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).

OPT-OUT ALL CREDITORS

2.) Also, be sure to update your personal information with the CRA's before doing any credit repair. Having former addresses deleted is very beneficial.

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

[mberry117]

EX

Since the collection is marked as disputed and verified, you'll have to wait six months or so to start all over using the HIPAA process. If you try to dispute again right now, EX might label you as a frivilous disputer, then you'll really be stuck.

**fused**

This should really be a sticky in the HIPPA process.  I had no idea about this.  It now explains why I haven't been able to get anywhere.

[llecs]

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fused wrote:
I advise you to pull all three of your credit reports from freecreditreport....

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You mean annualcreditreport.com?

[fused]

I'm tired, give me a break!