Jump to content

questions


creditobsessed
 Share

Recommended Posts

I want to settle an account with a CA. The amount is $277.27. I want to offer them 20%(55.45). It is for a 2 year old medical bill. I have dv'd them and they have sent proper validation(signed contract and all). I really want this off my report. Now, I have several violations on them like not reporting the account in dispute, listing the account as open, verifying with the CRA's before they validated etc. Should I include these violations in my settlement letter? Basically I thought I would agree not to sue them if they agree to accept my small settlement as payment in full and remove the entry from my credit reports. The debt is within the SOL.

Link to comment
Share on other sites

Why don't you try without citing the violations first. Keep it civil.

If they won't take it, then cite the violations and offer them 35%, in exchange for not reporting them to FTC and AG.

If they won't take it for that, then pay the OC in full and report the CA to the FTC, AG, and BBB.

When you pay the OC in full, demand they recall the collection and request the CA to delete to avoid placing themselves in violation of HIPAA. Include a prepared HIPAA complaint.

As soon as you get payment proof send the CA an intent to sue for violations if they don't delete (You've paid so they have no legal recourse).

If it isn't deleted within a reasonable time frame, send the HIPAA complaint against the doctor, and file suit against the CA for violations.

I would never ever threaten to sue on an unpaid debt that has been validated and is in SOL. It's hard to use lawsuit as leverage when they can so easily crossclaim and land you with a judgment on your report. I'm going through that right now with a CA reporting three accounts.

One utility bill within SOL validated. I can't sue until that bill is paid, so I'm paying it to the OC Monday.

Two medical bills, one is validated but out of SOL, other is in SOL, but not validated. I'm not paying either medical bill until they are validated, and I know exactly how much is owed (we really don't know because they keep giving us different numbers and we are waiting on 6 year old insurance claim proof of payment).

So, here is what we are doing:

Utility company gets their money.

Medical facility gets no money, and threat with HIPAA violations for reporting debts that are beyond SOL, and that have been paid by insurance (no permissible purpose to divulge health information).

CA is already reported to FTC, BBB, AG, and will get a letter asking for $5000 to avoid the class action I'll pursue.

If CA doesn't delete and send $5000 they will be sued (re-aging of debts will likely be a class action) They also changed an account reported as paid to show as unpaid while in dispute and prior to validation without reporting account as disputed. Talk about malicious intent.

You have to be real careful if it's within SOL and validated. A couple thousand bucks to them isn't as big a deal as a seven year derog judgment on your report, and they might take you up on your threat just to spite you, unless you've got some real hefty violations.

Link to comment
Share on other sites

Thanks for the reply. I will give it a try without citing the violations. I was afraid if I cited violations I might make them mad so that they won't deal with me or they will sue because they can. The bill is well within the SOL it still has 2 years to go, so I don't want to make them mad. I don't feel that they're to fired up about collecting as they've only sent me two letters in the last year and a half. But I want it off my report, and the best I can tell it hasn't been paid. So I do what you suggested, and do some research on HIPPA as I am not that familiar with it.

Thanks Again!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.