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CA Sent Medical Records as Validation


Sarris
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I disputed a collection on my CR under the grounds that I did not know what it was for. Some 45 days later I get this letter from the CA and enclosed with it are four pages of hospital documents indicating the cost of the medical treatement, a discharged slip with a signature that does not look anything like mine, and a fact sheet with my name and information on it.

Here is the letter I am going to send to the CA. Please let me know what you think.

December 17, 2005

This is an attempt to correct your records; any information obtained shall be used for that purpose.

This letter is being sent to you in response to CA's reply to my letter of October 31, 2005 in which I disputed this account and requesting debt validation pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. 1692g(B).

I wish to thank you for your response however your letter and the materials that you provided does not fully include the information that I requested nor did it include proper proof of validation of this debt as required by 15 U.S.C. § 1692g(a)(4) and Section 809(B) of the Fair Debt Collection Practices Act. Furthermore, I dispute this debt on the following grounds:

1. The information from OC, here after known as OC, is not accurate and is does not provide proof that I owe this debt.

2. I was admitted on 10/06/2002, not discharged as the information from OC states.

3. The documentation does not specify what the alleged debt is specifically for.

4. I have never before, to the best of my knowledge seen these documents.

5. I was never billed by OC and I was never contacted by OC about this alleged bill. The first time I was aware of this bill was when I discovered the collection on my credit report.

6. The information shows that OC accepted payment from Kaiser Permanente but did not bill me.

7. The signature on the documents provided by OC appears not to be mine.

8. There was no actual notice for billing or any documentation what so ever showing that I was ever notified of this alleged bill or given a reasonable opportunity to pay it if I did owe it.

9. I submit that OC made a billing error and that alone is the cause of this collection.

It is my belief that the collection activity on this account was and is an error on the part of OC and that CA has no legal right to seek payment of this alleged debt on behalf of OC. I furthermore dispute this debt on the ground that CA failed to comply with 15 U.S.C. § 1692g(a)(3) in that I was never notified of this collection or my right to dispute any portion thereof.

You know, or have reason to know, that this account is inaccurate and is in violation of both the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. I therefore must insist that you notify all credit reporting agencies to remove this account from my credit report and that you provide me with written notification of said action.

I will conduct an audit of my credit report within 30 days and if you fail to provide me with notification that this account has been removed, I will consider that a willful violation of the law and file suite against you.

Sincerely;

I should also point out that I was able to get two of the CRA's to remove this collection from my CR just two weeks ago. If this CA re-inserts, what are my options. I sincerely doubt they will notify me of their intention or actions when they do reinsert.

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First: Not every post gets an "instant" reply...you just posted your initial question on the 17th...it's now only the 19th...give us a break, especially this time of the year!!! :)

Second: Do you REALLY believe this is billing error and that you actually don't owe any of the amount they are asking for or are you simply making that argument on the basis of some factual errors on the part of the provider? I'm not trying to pass judgment here...it's just that if you truly never received the service they are billing you for, then I think you will get further concentrating on that aspect rather than citing FDCPA and lack of notification, etc. If you did actually receive the services and there are simply some date issues, etc. then I would suggest you pay (or get your incurance carrier to pay) but in exchange for deleation of the negative info from your bureau.

Third: It seems to me you are making a bid deal out of a lcak of notification of the debt owed...if you do legally owe the debt then I don't believe their lack of "notifying" you is an issue that will really help you other than, perhaps, as a wedge to get them to remove the negative info from your CBRs since they should properly bill you and give you a chance to pay before they assign a debt to a CA and report the negative info to the bureaus.

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Thanks guys. I panicked.

This is just a co-pay that was errornously generated three years ago. A ghost so to speak that should never have been sent to collections because it does not exsit. A computer error that was never corrected.

A billing snafu based upon like or simular names.

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If this is true, then you need to contact your insurance carrier immediately, before you do anything else. Do not send the letter.

You need to understand that when a medical provider agrees to accept assignement from a beneficiary of most insurance carriers, they agree to abide by all rules and regulations of the carrier. Some can be that the provider is to never send a claim to collection. There are also balance billing issues, or what is considered a mutual agreement. This last pertains to some charges that are to be written off and not billed to anyone. But, many billings do include it so as to show the proper trail for writeoff. Where the problem lies is some idiot in the office does not realize this and sends to collection. One of the most common on this matter is the additional charge an ER charges when you come in between 10 PM and 6 AM.

Call your carrier and ask if they have a collections department or a form of. These people work exclusively with you and the provider to get this resolved. If the provider failed they can receive sanctions, or some other reprimand. Be sure and ask exactly what your copay was. You are not liable for any amount over that unless it was a noncovered treatment and the provider followed all necessary rules to be able to bill you. An example is that prior to treatment, you were informed it was not covered and you signed accepting responsibility for that part of the bill. If they do not have a specific department, ask to speak to someone who can assist you in understanding that all was properly handled in regards to this claim.

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