What if OC tells you to call CA?

[Anonymous]

I have been receiving a lot of info and assistance from this forum on getting 2 medical COs removed. I am using the HIPAA process.  After having a settlement offer refused, I sent full payment to the OC two days ago.  I have never had any contact with the CA except in the DV process.  They sent me copy of itemized statement, which OC had failed to provide when I requested it.  Instead they turned acct over to CA, who then posted it to CRs without contacting me first.  

Today I received a voice mail message to call "Person's Name" at a 1-800#.  I did not recognize the name, so I googled the number and discovered it is the CA.  

I called the OC and spoke with the supervisor who's been assisting me.  She said that she had received the check.  I asked if there would be a problem depositing it (since it had a restrictive endorsement, of course) and she said no.  She said that I needed to contact the CA.  I told her they had left a message and wanted to know why they were calling.  She said that I needed to talk to them re: the letter I sent (the one in the HIPAA process that is sent with payment) and about having the collection removed.  

Now, I know it is strongly advised to not talk to the CA.  Plus I would like to sue them for the $1000 fine for violating FDCPA (x2 since they did it twice).  However, I need to get my CR back to good from fair ASAP as I need to move to a cheaper apt and credit card cos are lowering my limits rather than my APRs.  

Should I just ignore the CA, wait until my check clears, and continue with the process (i.e., send dispute letters to CRAs)?  Also, can you advise me on how to pursue taking action again the CA?  

[fused]

Never talk with a CA on the phone. Wait for the check to be cashed. On what grounds can you sue the CA? What violations of the FDCPA? Please list all letters (include non-HIPAA process letters, if any) you have written, to whom and their dates and results.

[Anonymous]

Good to hear from you fused, as always! 

It's my understanding that if the CA fails to notify you of the debt and give you 30 days to respond prior to posting the collection to the CRAs, they are violating the FDCPA and can be fined $1000.   As I said, they have done that twice for two different bills.  

Do you want the letters and results for both?  They are both for the same medical center, but are handled by two different billing depts. since one is for the lab and the other for physicians. 

Should I contact the OC supervisor that I spoke with this am, and let her know that I am not calling the CA?  Do you have any idea why they want me to call them?  

[fused]

Before I can give you some sound advice, I really need to know what you have done so far with each collection. Please list all letters you wrote and to whom? What were the results?

[Anonymous]

fused, here's the info you requested. 

1ST ACCOUNT FOR $170:

11/2/06      Date of Services (blood tests)
11/16/06    Insurance processed claim
5/3/07        Insurance notified me they’d received a duplicate claim

2/11/08      Received statement from OC for 11/2/06.  I had received a letter from their in-house CA for services on 10/31/07    (apparently they use this CA when bills are returned due to incorrect address).  I called and requested copy of statement and they sent statement for 11/2/06. (I sent payment for  11/2/06 and requested a statement copy which to-date I’ve never received.)               
2/21/08      Letter to OC requesting an itemized statement for 11/2/06 (rather than “Clinical Services”) because bill was $110  higher than same tests from different lab ($210).  OC never responded
6/21/08       CA posts CO on EX credit report (“Date Assigned” is 3/1/08 - 1 week after 2/21 letter!)
8/8/08         Sent my own dispute letters to CRAs citing violation of FDCPA by CA
8/18 - 9/20/08    CRAs verify
9/6/08          Filed complaint with FTC regarding CA
9/16/08         I discover myfico.com !
9/18/08         Sent pre-HIPAA medical dispute letter to CRAs
9/25-10/21/08    CRAs verify
11/9/08        DV letters to CA (one for ea. CRA)
11/14/08      Letter from CA which states total due is $197.01 & copy of itemized statement with total of $170.38
1/2009         Another CO posts to my CRS by same CA for services on 10/16/07 for $57
2/9/09          Sent settlement offer letter to OC citing income loss and cost difference with other lab.          
2/25/09        Contacted OC after no response.  Said they had not received letter (USPS confirmed delivery date of 2/10/09) Left voicemail for supervisor (ND) to call me
2/27/09         Received voicemail from RT who was calling on supervisor’s behalf .  Left several msgs during the week but never received response

3/7/099         Sent settlement offer letter again to attention of  ND.  I had discovered that accts. were handled by 2 different billing depts so removed references to acct for $57.  Offered a $70 settlement
3/16/09         Contacted by ND who said they couldn’t accept settlement (claimed new rule that they couldn’t accept settlements for any accts covered under insurance) Suggested I file for financial hardship and sent forms to complete
3/25/09         Sent payment in full (w/ restrictive endorsement.) to OC with cover letter to ND explaining I now have a job and wish to pay in full since it’s imperative that CO be removed asap.  Also sent copy of HIPAA Compliance Office letter and requested she forward
3/27/09         Recieved voicemail from “RW” requesting I call him at 1-800#.  Googled # and discovered it was from CA.  Contacted ND.  Said she’d received check (no problem to deposit) and told me I needed to call CA .  I asked why and she said to discuss letter I sent and to get CO removed. 

2ND ACCOUNT FOR $57: 

10/16/07    Date of service
1/2009       CO posts to my CRs by same CA.  Never received statement or contact from CA
2/27/09      Contacted billing dept.  Asked for statement and told that they could only send a ledger copy.  Also told me I owed $60 for 2 other accounts
3/6/09        Sent $57 payment with modified HIPAA letter (hadn’t received ledger copy)
3/21/09      Check didn’t clear acct so contacted OC and was told payment hadn’t been rec’d.  Said it may have been forwarded to CA and told me to call them. I said check was only payable to OC. Got name of supervisor - "DA"

3/24/09      Sent payment and modified HIPAA letter to DA. The portion of the HIPAA letter that was mentioned began with “Your furnishing of my account information...” and quoted all the way to end.  Also requested statements of other accts as ledger wasn’t complete and a response within 10 days. 


I am now awaiting checks to clear so I can send pre-HIPAA dispute letters to CRAs.  I also wish to pursue action against CA. So far I've only filed a complaint to FTC for the 1st violation. They need to be fined $2000 for both  violations.  

Thanks for your advice, fused!!! Hope this isn't too difficult to read.  Also I apologize if I'm providing too much info! This will be helpful when I pursue my grievance against the billing departments.  

[fused]

You do realize that when using the HIPAA letter process, the first letter you write after the optout letters is ALWAYS the pre-HIPAA. Your situation is a bit unusual. Wait for the checks to clear and watch your reports. Please post your updates in this thread before you take any more action. This includes the HIPAA process, any complaints with the FTC, BBB and any state's AG.

[Anonymous]

Thanks, fused! 

Yes, shame on me, I did skip a step in the process.  But other threads had discussed it and I thought it'd be ok to send payment and then pre-HIPAA dispute letters, since I knew the debt was mine and needed to speed up the process.  Hopefully it doesn't come back to bite me in the butt.  You have my every right to say "I told you so!" if it does. :-)

If/when checks clear, I shouldn't send the letters to CRAs?  How long should I wait to see if my reports change? 

I have a feeling that the CA is not going to do it anytime soon  (always a 1/2 glass empty kind of person)  Do you know of any reason that the CA would want to talk to me after I'd sent the payment to the OC?  

[fused]

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Georgifornia wrote:

Thanks, fused! 

Yes, shame on me, I did skip a step in the process.  But other threads had discussed it and I thought it'd be ok to send payment and then pre-HIPAA dispute letters, since I knew the debt was mine and needed to speed up the process.  Hopefully it doesn't come back to bite me in the butt.  You have my every right to say "I told you so!" if it does. :-) I'm not one to do this. LOL!

If/when checks clear, I shouldn't send the letters to CRAs?  How long should I wait to see if my reports change? No, do not send anything. If your collection updates as paid, the CRAs have to investigate if you dispute. Currently, you don't have changes on these collections or new info for the CRA to investigate. If you dispute at the wrong time, the CRAs will not investigate and you will be labeled as a frivolous disputer. Then you'll really be stuck. I would wait another few weeks, if the OC hasn't cashed the check call them, not the CA.

I have a feeling that the CA is not going to do it anytime soon  (always a 1/2 glass empty kind of person)  Do you know of any reason that the CA would want to talk to me after I'd sent the payment to the OC? More than likely the OC and CA are having a hard time figuring out what to do, and this is not uncommon. Just let the process work itself out and DO NOT talk with CA.

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[Anonymous]

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@fused wrote:

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@Anonymous wrote:

Thanks, fused! 

Yes, shame on me, I did skip a step in the process.  But other threads had discussed it and I thought it'd be ok to send payment and then pre-HIPAA dispute letters, since I knew the debt was mine and needed to speed up the process.  Hopefully it doesn't come back to bite me in the butt.  You have every right to say "I told you so!" if it does. :-) I'm not one to do this. LOL!  Really?  Good for you, cause I certainly would! :-) 

If/when checks clear, I shouldn't send the letters to CRAs?  How long should I wait to see if my reports change? No, do not send anything. If your collection updates as paid, the CRAs have to investigate if you dispute. Currently, you don't have changes on these collections or new info for the CRA to investigate. If you dispute at the wrong time, the CRAs will not investigate and you will be labeled as a frivolous disputer. Then you'll really be stuck. I would wait another few weeks, if the OC hasn't cashed the check call them, not the CA.  Excellent point!  It's bad enough that I'm probably known as a frivolous "forumer"...

I have a feeling that the CA is not going to do it anytime soon  (always a 1/2 glass empty kind of person)  Do you know of any reason that the CA would want to talk to me after I'd sent the payment to the OC? More than likely the OC and CA are having a hard time figuring out what to do, and this is not uncommon. Just let the process work itself out and DO NOT talk with CA.  I guess this situation probably doesn't happen often because people just don't take the time to research and see how they 

should handle.  Thank Heaven I found this site!  I have no desire to talk to CA - except to call 'em a few names!

One of the OC billing employees mentioned that the CA charges interest.   I thought maybe they're trying to collect on that.  Do they have any right to do that?  

 P.S.  I hope you're getting paid lots of money to do this, fused.  Cause you definitely deserve it!

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[fused]

Yes, CAs can charge interest. Which state are you in? BTW, this is a non-paying gig. In fact, I rather its not, I like helping others. It wasn't too long ago when I was in credit h*ll