Merchants and Medical

[Michigander]

I have attempted to pay in full for a PFD in writing with this CA three times. They absolutely refuse and state that they cannot delete the TL from my reports.

I advised them that they were a 3rd party collector and had no legal obligation to report to the CRAs. Their response is "what obligation do they have to remove". I have responded that if they want payment in full, their obligation was to remove the TLs.

Has anyone had experience with this CA? Was is successful?

This is a fairly small amount at about 500 bucks. I am willing to PFD, but not to have a recent paid collection on my reports. This account was for 2003.

Thanks!

[retmar]

What you must understand is that the CRA's get upset when their customers request a deletion. They have been known to cancel the membership, as some say.

As to the CA themselves, they will claim that once reported, it must remain, and go on to claim the law says this. This is not true in any sense of the word. The law clearly states that "IF" they report, it must be true. All they have to do is submit the deletion request with a simple "reported in error", or words to that effect. Basically, CA's do not want to delete as they feel they are above you and you must pay for eternity for allowing adebt to go to collections. This is their mentality.

This is why we say to offer to pay if they will delete. If the debt is timebarred and they are made aware that you know this, and include it in your letter, they will most always agree. But, if debt is not timebarred, they are less apt to do this. You must stand firm as to your offer. Also, if the debt is not timebarred, you could approach the OC and simply say that due to the overall common knowledge of third party collectors and their constant violating of consumer rights, and that in some states the creidtor can be held liable for this, you refuse to deal with them, but, will deal with the OC by making this offer of settlement. And, if they refuse, say goodbye.

[Michigander]

Retmar,

Thank you for your timely reply. I will stand firm on this request for PFD and have done so for two years. I will approach the hospital with your suggestion in person and see where that goes.

I must believe that a recent paid collection account is much more damaging to my reports and scores than an four year old third party collection account.

The journey continues......and thank you again.

[TheRoadBack]

Retmar,

Thank you for your timely reply. I will stand firm on this request for PFD and have done so for two years. I will approach the hospital with your suggestion in person and see where that goes.

I must believe that a recent paid collection account is much more damaging to my reports and scores than an four year old third party collection account.

The journey continues......and thank you again.

if it is medical related do a search on hippaa laws. I have had very good success as hippaa violations are big fines and usually if they feel you will take action they will delete. Good luck!

[momof5]

I have had some success with PFDs with CA's.

What I find amusing is there is one doctor who is owed $758. I had insurance and the filing got messed up and the insurance never paid and then the doc's office waited over 2 years to go after me via CA. The insurance could not pay it (it was a self insured employer that had zeroed out that account a year before). I asked them to pull it back and I would pay it. They called the CA and they said that the doc's office could NOT pull it back and that I *had* to pay the CA and they would mark it a paid collection. No amount of logic would work with the doc office manager. I told her that I would never pay as long as the CA left it on my bureau. I informed her that it was past SOL (3 years in SC) so they would never get the money unless they cooperated with me. She was beside herself! She could not believe the SOL was only 3 years and she said,"You mean that I could default on all my bills and after 3 years I wouldn't have to pay them?!" "yep!"

The upshot is that I dispute this each year. It is now 5 years old. It was deleted of EQ last month but verified on the other 2. Time will kill this one, but to hades with them if they don't want their money!

[lyle7289]

Michigander,

I have 5 paid accounts with these a-holes and a ton of experience with them. I have sent letters to the CEO (Robert Carinduff), without reply I might add, goodwilled, disputed, DV'd, the whole 9 yards. They are a by-the-book CA and WILL NOT delete or remove. In doing some searching on Merchants and Medical I found that Mr Carinduff's brother is on Governor Grandholm's staff as some kind of CA guru protecting consumers rights (google these guys and you'll be amazed).

They are tough and I have not been able to have ANY success with them. I would try and handle your situation with the OC. I feel that is your only chance for removal. If you pay, it will say PAID COLLECTION on your reports until the SOL runs out.

[retmar]

The simple comment that the creditor could not recall the debt from the CA is totally out of reality. The CA cannot dictate to the creditor, period. Myself, I would send a letter to the OC as to this not being proper, let alone legal. Include that in some states the OC can be held liable for the actions of their assignee, and, that since this debt was not paid by insurance due to the OC not filing their claim within the set parameters of filing, you, in reality, are not liable for this debt. Hopefully, you still have your handbook, or something else from your insurance to use as a guide. If not, use what you can from our sticky and state "most" or "the majority" of insurance when describing the OC's screwup.

I say this as most, if not all insurances, have a 1 year window for the filing of claims. AND, if not filed, the OC is to write off and not bill the patient. Plus, if the amount claimed is for the "amount billed", and your insurance has an "amount allowed", then this OC is in violation of Federal Law, period. It is called "Balance Billing" and is illegal. How this works is when a provider agrees to accept assignment from you, they are also agreeing to abide by the rules and regulations of the insurance. Therefore, if they file a claim for $758, and the insurance only allows $250, this is all you are liable for. It does not matter if the claim was denied, or was never filed, the simple fact of their agreeing to accept assignment is all that is necessary. This happens more than people think as many billing personnel have no idea of what is what. An example is that you went to the ER for somthing. They bill for services at $758. The insurance process the claim as to showing the allowed amount, then show claim was denied as deductible not met. Then, in the patient's responsibility, co pay, or cost share, show the amount the patient is liable for. This is all you are liable for, period. All of the notations on the EOB are there simply to show a paper trail as to where each dollar is going, such as $250 added to deductible.

In regards to HIPAA, most often a provider has you sign a "form" allowing for treatment, or whatever. What you do not notice in most cases is the "disclaimer" about HIPAA. In short, you signed away your rights. Do not hesitate to check for violations, just don't get your hopes up.

[Michigander]

Thank you all for your replies. I will try with the OC and see where that goes.

[defpro]

Michigander,

I have 5 paid accounts with these a-holes and a ton of experience with them. I have sent letters to the CEO (Robert Carinduff), without reply I might add, goodwilled, disputed, DV'd, the whole 9 yards. They are a by-the-book CA and WILL NOT delete or remove. In doing some searching on Merchants and Medical I found that Mr Carinduff's brother is on Governor Grandholm's staff as some kind of CA guru protecting consumers rights (google these guys and you'll be amazed).

They are tough and I have not been able to have ANY success with them. I would try and handle your situation with the OC. I feel that is your only chance for removal. If you pay, it will say PAID COLLECTION on your reports until the SOL runs out.

They are a slick bunch! I'm from Michigan and my better have, authorized user wrote checks albeit small ones and now a bank has the hots for me. I'm in the process of DV. Keep us posted.