parko03 Posted October 13, 2004 Report Share Posted October 13, 2004 Background.I have debt for 3600$ from Hospital 5-1999. Debt sold to NCO 11-2000. I file BK in Nov 2001, This debt IS included in BK. As of today, still says open, past due and amount owed 3652 on ALL 3 reports.First step, disputed "not mine" with all 3. Came back verified by all 3(ok I tried)Second step, disputed with all 3 that account was IIB. Again, came back verified by two, and TU wanted me to send copy of BK papers. I did NOT send as was guided not to. So it remains verified on all 3 (WTF!)NOW, how do I attack this. 1. Do I attack hospital for Hippa violations and demand it be deleted or sue??OR 2. Do I attack NCO for violating BK laws and demand deletion or proper reporting as IIB?What would you do? Link to comment Share on other sites More sharing options...
jordanmorganusa Posted October 13, 2004 Report Share Posted October 13, 2004 NCO is actually pretty easy to get to delete if you send them a ITS. Send it outlining all their wonderful violations and it'll be gone in about a week(if not less). Send it to:Michael Barrist, Chairman, President & CEONCO Financial Systems, Inc.507 Prudential Rd.Horsham, PA 19044Fax Number(should you decide to fax it) :(443)263-3061If you can get the hospital on Hippa violations, go ahead and get litigious on that @$$! Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 Thank you much. Link to comment Share on other sites More sharing options...
seven Posted October 13, 2004 Report Share Posted October 13, 2004 what would be considered HIPPA violations? Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 IT was a hospital bill, once they sent it too NCO they violate hippa because they sold my info. RIGHT?, Hippa experts? Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 Ok, Im going to send it to NCO directly. Try that first. Now, does anyone know exactly which things they violated?And, Do I send any of my BK papers with the letter as proof? What if they simply write me back saying prove it?Thanks Link to comment Share on other sites More sharing options...
anti-something Posted October 13, 2004 Report Share Posted October 13, 2004 THEY have the obligation of proof, not you!tell em its IIB, but dont send them anything. if they keep on trying to collect, pass go and collect $1000.and they have violated the automatic stay of BK, reporting false informationcan you get ahold of your BK atty? Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 I could probably call him but he' s so damn slow and "busy". And it's been 3 years. THey ain't trying to collect, it just shows as due and open account. Not that having IIB is any better being being 3 yrs ago creditors would rather see that then think its an outstanding balance. Link to comment Share on other sites More sharing options...
anti-something Posted October 13, 2004 Report Share Posted October 13, 2004 ok, then you go with the false reporting.did you get the PR from the CRAs? Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 did you get the PR from the CRAs?HuH? Whats that? Link to comment Share on other sites More sharing options...
anti-something Posted October 13, 2004 Report Share Posted October 13, 2004 procedural request, asking the CRA how they verified the info, who they contacted, what was verified. Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 THat I have not done. THey've already supposedly verified it twice. I was just gonna hit it at the source. Link to comment Share on other sites More sharing options...
anti-something Posted October 13, 2004 Report Share Posted October 13, 2004 well, getting the info about who verified this, and what they verified (did they just verify the SS# or the open status, or the amount owed) helps you with extra ammo for a delete. i'd say get the info. Link to comment Share on other sites More sharing options...
parko03 Posted October 13, 2004 Author Report Share Posted October 13, 2004 Ok, how bout a letter example. I cant seem to find anything near what I want to say. So they are violating BK laws. Anyone know of any letters I can use for example? Link to comment Share on other sites More sharing options...
LadynRed Posted October 13, 2004 Report Share Posted October 13, 2004 IT was a hospital bill, once they sent it too NCO they violate hippa because they sold my info. RIGHT?, Hippa experts?No, it is NOT a HIPAA violation to sell an account to collections. Most healthcare providers contract with CA's to collect and those CA's MUST have a Business Associates Agreement (BAA) in order to comply with HIPAA. HIPAA and now FACTA now puts restrictions on what and how medical collections can be reported.If you want to try the HIPAA route, demand that NCO produce their BAA with that hospital. This debt was included in BK. NCO is violating FCRA AND bankruptcy laws since reporting to the CRA's IS considered collection activity which is permanently barred by the injunction of your discharge. You might be better off writing NCO a letter telling them that if they don't cease and desist their inaccurate reporting to the CRAs (doesn't show IIB), you will file a Motion for Contempt with the BK court and they can face a Federal judge. You can collect damages, court costs and attorney's fees for such an action AND you can request sanctions against them by the BK court. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 13, 2004 Report Share Posted October 13, 2004 I'd go with what m'Lady says Link to comment Share on other sites More sharing options...
parko03 Posted October 26, 2004 Author Report Share Posted October 26, 2004 So I sent off a DV letter to NCO bout two weeks ago. TOday I check PG and *poof* the listing is completely gone off of all 3 reports. I check the free experian link for that report and yup it's gone.Don't know exactly why or what happened but the line has been removed. Chalk up another success to determination. Link to comment Share on other sites More sharing options...
LadynRed Posted October 26, 2004 Report Share Posted October 26, 2004 They were violating the law trying to collect on a discharged debt to begin with.NCO doesn't want to be bothered if you're going to fight them -- they want people that will just roll over and bleed cash. Link to comment Share on other sites More sharing options...
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