121xGigawatts 1 Posted April 15, 2014 Report Share Posted April 15, 2014 I am trying to clean up my credit report because my wife and I are trying to purchase our first home. I have three medical collections from two separate doctors all with Berks Credit and Collections. I have written them, emailed them, in attempts to PFD, but I never get a response. I would really like to get these off and they are for small amounts, $103, $128 and $44. I was really trying to avoid it, but should I call them and ask if they reviewed my offer? Quote Link to post Share on other sites
Clydesmom 1,222 Posted April 15, 2014 Report Share Posted April 15, 2014 I am trying to clean up my credit report because my wife and I are trying to purchase our first home. I have three medical collections from two separate doctors all with Berks Credit and Collections. I have written them, emailed them, in attempts to PFD, but I never get a response. I would really like to get these off and they are for small amounts, $103, $128 and $44. I was really trying to avoid it, but should I call them and ask if they reviewed my offer? If they are not responding it may be because they no longer have the account and to respond would violate HIPAA. Try disputing the accounts with the CRAs. If Berks no longer has a business relationship with the provider they cannot validate and they will drop off when they don't respond. DO NOT use online disputes send written letters. Your other option is to contact the provider and pay them directly and ask them to get their CA to delete the TLs. Quote Link to post Share on other sites
willingtocope 1,336 Posted April 15, 2014 Report Share Posted April 15, 2014 Have you talked to the doctor's offices? Sometimes you can give them a "...oh gee, I found you on my credit reports....I thought insurance took care of this...and after you took such good care of me...can I send you a check?...and, by the way, can you call off the CA?"..." Quote Link to post Share on other sites
121xGigawatts 1 Posted April 15, 2014 Author Report Share Posted April 15, 2014 If they are not responding it may be because they no longer have the account and to respond would violate HIPAA. Try disputing the accounts with the CRAs. If Berks no longer has a business relationship with the provider they cannot validate and they will drop off when they don't respond. DO NOT use online disputes send written letters. Your other option is to contact the provider and pay them directly and ask them to get their CA to delete the TLs. I tried disputing with the CRA's but I swear they have blacklisted me at this point. Even trade lines that are absolutely incorrect or do not exist come back verified somehow. I am thinking about starting a lawsuit soon. Quote Link to post Share on other sites
121xGigawatts 1 Posted April 15, 2014 Author Report Share Posted April 15, 2014 Have you talked to the doctor's offices? Sometimes you can give them a "...oh gee, I found you on my credit reports....I thought insurance took care of this...and after you took such good care of me...can I send you a check?...and, by the way, can you call off the CA?"..."I wasn't sure if I could do that or not, but I am going to try calling today. The ironic thing is I sent in payment via credit card on one of their bills long before they sent to collection but they never charged my card. I wasn't even aware they sent it to collection because Berks has never contacted me directly, I only found out from my credit reports. Quote Link to post Share on other sites
elite1331 52 Posted April 15, 2014 Report Share Posted April 15, 2014 Those are silly low amounts which you should be able to negotiate off of there. Even if they were to leave them, a well written ITS with everything you have copied stapled to it would get them removed. A CA isn't going to offer resistance on a paid collection for those small amounts when the cost to defend even a frivolous suit would be ridiculous. I don't advocate frivolous suits, but they usually give the least sophisticated consumer something to write about. Quote Link to post Share on other sites
Clydesmom 1,222 Posted April 15, 2014 Report Share Posted April 15, 2014 Those are silly low amounts which you should be able to negotiate off of there. Even if they were to leave them, a well written ITS with everything you have copied stapled to it would get them removed. A CA isn't going to offer resistance on a paid collection for those small amounts when the cost to defend even a frivolous suit would be ridiculous. I don't advocate frivolous suits, but they usually give the least sophisticated consumer something to write about. Filing a frivolous counter claim is a REALLY bad idea. Especially against a medical provider because they have a very powerful leverage: they can blacklist you from getting care ever again. The provider will discharge a patient from care after being subjected to a frivolous suit and because those suits are public record they will inform their colleagues who will then refuse to take the person on as a patient out of concern for having to defend themselves against frivolous lawsuits and non-payment as the first one suffered. Quote Link to post Share on other sites
elite1331 52 Posted April 15, 2014 Report Share Posted April 15, 2014 Read it again. At no point did I advocate filing a frivolous lawsuit. Quote Link to post Share on other sites
Clydesmom 1,222 Posted April 15, 2014 Report Share Posted April 15, 2014 Read it again. At no point did I advocate filing a frivolous lawsuit. Fine, THREATENING a frivolous lawsuit will get the same result from a medical provider. It is a REALLY bad idea. Quote Link to post Share on other sites
elite1331 52 Posted April 15, 2014 Report Share Posted April 15, 2014 "Even a" and "don't advocate" were some keywords in my post which may help you read it in context. I will leave it at that as you have far more time on your hands to argue semantics and I have no desire to become a target for your high word count ire. Quote Link to post Share on other sites
CG in TX 12 Posted April 15, 2014 Report Share Posted April 15, 2014 Filing a frivolous counter claim is a REALLY bad idea. Especially against a medical provider because they have a very powerful leverage: they can blacklist you from getting care ever again. The provider will discharge a patient from care after being subjected to a frivolous suit and because those suits are public record they will inform their colleagues who will then refuse to take the person on as a patient out of concern for having to defend themselves against frivolous lawsuits and non-payment as the first one suffered.A couple points here... 1. No one has been sued, so there can be no counter claim.2. The medical provider is not reporting the debt to the CRAs, the CA is. That's who would get the ITS letter. Quote Link to post Share on other sites
Clydesmom 1,222 Posted April 15, 2014 Report Share Posted April 15, 2014 A couple points here... 1. No one has been sued, so there can be no counter claim.2. The medical provider is not reporting the debt to the CRAs, the CA is. That's who would get the ITS letter. Two more points: 1. I was not the one who suggested threatening a counter claim @elite1331 is. I merely responded threatening anything like this is a BAD IDEA.2. Doesn't matter if the CA gets the ITS letter. They WILL tell the provider. I have spent 30 years working in the medical field and when a patient threatens the CA with a frivolous lawsuit the first phone call is to their business attorney and the second one is to the provider that hired them to collect on the account to inform them. The first response after finding out is to discharge the patient from the practice and the second one is to ensure that colleagues are aware of the threat. Quote Link to post Share on other sites
elite1331 52 Posted April 15, 2014 Report Share Posted April 15, 2014 The first thing the CA will do is call the provider when the CA is being accused of FDCPA violations? Really? And last time, read it again. You clearly are reading a little far into things as I did not encourage anyone to file a frivolous lawsuit. Leave the poor dead horse alone.Ridiculous much? Quote Link to post Share on other sites
Wins the Battle 158 Posted April 15, 2014 Report Share Posted April 15, 2014 @Clydesmom, if there was even a whiff of an idea that a doctor was refusing treatment to a patient who had, maybe, possibly, threatened to sue another doctor, the first doc would be in enormous trouble with his or her license. Doctors don't get to refuse treatment like that. It's not legal. Quote Link to post Share on other sites
Clydesmom 1,222 Posted April 15, 2014 Report Share Posted April 15, 2014 @Clydesmom, if there was even a whiff of an idea that a doctor was refusing treatment to a patient who had, maybe, possibly, threatened to sue another doctor, the first doc would be in enormous trouble with his or her license. Doctors don't get to refuse treatment like that. It's not legal. @Wins the BattleIt very much IS legal. Doctors are private businesses. They discharge patients from care ALL the time and it is not a credit relationship so they do not have to give a reason though they usually do. Mainly for refusing to pay their outstanding balance or narcotic abuse. For litigious patients they simply say they are no longer able to provide care and they have 30 days supply of medication to find another provider. Even public hospitals discharge patients from their clinics all the time for owing money. You cannot force a provider to see someone outside an emergency room. we do not have indentured servitude. You also cannot force a practice to take a new patient if they choose not to. No more than you can force any other business to do business with you. I know you have seen those signs that say "we reserve the right to refuse service to anyone." When a litigious patient is known new providers simply tell that person they are not accepting new patients. There is one law that provides for treatment regardless of being able to pay but that only applies to the Emergency Room and no where else. EMTALA Law requires that all ERs treat evaluate and treat a patient until medically stable regardless of their ability to pay. Post one statute that says it is illegal for a doctor to refuse to treat a patient because they are litigious. As for losing their license? Nope. There was a doctor back around election time who put a sign on his door stating he would not care for Obama supporters. There was an outcry but the AMA and his state medical association all said while they did not support it, it was not violating any of their cannons and he had a right to choose who his patients are. Quote Link to post Share on other sites
Clydesmom 1,222 Posted April 15, 2014 Report Share Posted April 15, 2014 The first thing the CA will do is call the provider when the CA is being accused of FDCPA violations? Really? Read it AGAIN. I said the first thing they will do is call their business attorney and the SECOND call is to the provider that hired them. Quote Link to post Share on other sites
willingtocope 1,336 Posted April 15, 2014 Report Share Posted April 15, 2014 Okay folks...lighten up. Back to the OP's problem. Quote Link to post Share on other sites
MindBend 3 Posted April 19, 2014 Report Share Posted April 19, 2014 I have a $4xx collection at the same place. I have 1-2 punched them with DV and disputed with CRA's to no avail.Have another local CA reporting two small collections of $11x and $99. Same results. No response, no change. Would gladly pay them all in exchange for deletion.However, from what I've read, historically neither will sign-off on a PFD agreement. Advice would be appreciated. Quote Link to post Share on other sites