tag:blogger.com,1999:blog-2927206001214974856.post2747878018480945861..comments2023-10-05T05:55:48.485-07:00Comments on Repair Your Bad Credit With Future Fico: How to Write Follow Up Letters For A Medical Collector's Validation ResponseShannon Lopezhttp://www.blogger.com/profile/13849218383895424511noreply@blogger.comBlogger38125tag:blogger.com,1999:blog-2927206001214974856.post-55305300261451288532021-04-05T19:02:46.680-07:002021-04-05T19:02:46.680-07:00Hi Kulani,
What I write in my response letters is ...Hi Kulani,<br />What I write in my response letters is I repeat what I asked for and what they didn't send. I also address what they did send such as what you said, the type of treatment, which they have NO AUTHORIZATION from you to have in their possession. I also address that the contract they sent nowhere has their company name on it and because of one of the essential elements of a valid contract is "Privity of Contract" which means that the contract is private between the parties that signed it and no other party, they have no right to subrogate/substitute themselves onto a contract they have no original interest in. That is the Doctrine of Subrogation. They have NO CONTRACT with you, they didn't provide one, and you have no obligation to them. Yes, by including that medical tidbit, they violated HIPAA. However, I have heard from several people that have reported collection agencies for this violation of law, they really get no justice. Agencies sort of blow it off as unimportant. I say still report them. We all have to keep fighting back so they know privacy is important, Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-73985671625583253782021-04-05T11:29:27.409-07:002021-04-05T11:29:27.409-07:00Hi Shannon, I am thankful about your article and Q...Hi Shannon, I am thankful about your article and Q&A and it has been most informative. I have a questions, I did a validation letter, and I am in the middle of writing a response letter, however the items they sent me were: Itemized accounting screen, financial agreement between the original provider and Statement of account, with detailed information on payment and a mention of a type of treatment (debonding of braces). Is this a violation of HIPAA?Kulanihttps://www.blogger.com/profile/13816259975420142463noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-53208959017331963872018-03-01T23:54:21.915-08:002018-03-01T23:54:21.915-08:00My email address is up at the top of the page and ...My email address is up at the top of the page and my phone number is 951-801-2828. If you look for the link to Pages on my blog, I give pricing for my services. That link is on the right had side just above the "Stumble It" button.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-42443744597662701632018-03-01T02:32:34.374-08:002018-03-01T02:32:34.374-08:00How much do you charge to assist ppl with credit r...How much do you charge to assist ppl with credit repair.... and how can i get in touch with you to help me?Anonymoushttps://www.blogger.com/profile/03942058698532064318noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-26029423422959677012017-12-30T20:21:58.291-08:002017-12-30T20:21:58.291-08:00Well, I don't put much credence in only using ...Well, I don't put much credence in only using 609 letters. It means you are only disputing with the credit bureaus and not demanding the proof from the creditors.<br /><br />You need to dispute the accuracy with the creditors and challenge them on having a balance, how the account was funded, whether or not they got a payment from insurance to protect against asset loss, and demand that they provide certified copies of ORIGINAL documents. <br /><br />Don't accept their summary of events and claims of accuracy in a letter or stacks of billing statements. That is not the proof they are obligated to supply. It's hearsay. They MUST provide certified copies of originals. They must disclose whether or not the account was paid off by asset protection insurance, and/or received tax credits.<br /><br />They don't want to provide these things. They may get obstinate and not want to produce them. But, you have to keep on them over and over again. Chase will be the most defiant.<br /><br />What your 2 goals should be is either to delete the accounts or change the balance to $0. <br /><br />For the bureaus, demand the documentation and proof that they actually conducted a reasonable investigation. Unfortunately, the bureaus many times use artificial intelligence to "verify" which means when they scan the dispute into their computer, the compute determines on its own that it is verified. Try handwriting your bureau disputes in colored ink on colored paper or yellow notepad paper. It may increase your chances of deletion or balance change.<br /><br />Good luck!Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-56720094143165468722017-12-30T18:47:27.792-08:002017-12-30T18:47:27.792-08:00Hi Shannon, I have 2 banks reporting on my credit ...Hi Shannon, I have 2 banks reporting on my credit but they are in collection. What's the best way to handle this? I keep sending 609 letters but they keep saying they are mines. Email jamiyah527@gmail.comAnonymoushttps://www.blogger.com/profile/16589124533254000439noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-74499355582194243552017-11-08T10:52:36.946-08:002017-11-08T10:52:36.946-08:00Hi Kelly,
It is not true validation and it IS a H...Hi Kelly,<br /><br />It is not true validation and it IS a HIPAA violation.<br /><br />You also need to require any contracts that prove you have any obligation to pay them. That would mean the contract between you and the medical facility, contract between you and the collection company, assignment contract/bill of sale from original creditor to the collection company and they all need to be bilateral, meaning 2 signatures, (1 from each party to the contract).Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-44072652990798986162017-11-08T10:39:19.177-08:002017-11-08T10:39:19.177-08:00Hi Shannon,
I recently received a letter from CA a...Hi Shannon,<br />I recently received a letter from CA about a medical bill. I mailed the CA this letter:<br /><br />Dear collection agent,<br />I received a bill from you on 10-24-17 and as allowed under the Fair Debt Collection Practices Act (FDCPA), I am requesting that you allow me to validate the alleged debt. I am aware that there is a debt from The (hospital name I mention), but I am unaware of the amount due and your bill does not include a breakdown of any fees.<br />Additionally, I am allowed under the Health Insurance Portability and Accountability Act (HIPAA) to protect my privacy and medical records from third parties. I do not recall giving permission to The (hospital name I mention) for them to release my medical information to a third party. I am aware that the HIPAA does allow for limited information about me but anything more is to only be revealed with the patient’s authorization. Therefore, my request is twofold—validation of debt and HIPAA authorization.<br />Please provide breakdown of fees including any collection costs and medical charges.<br />Provide a copy of my signature with the provider of service to release my medical information to you.<br />Cease any credit bureau reporting until the debt has been validated by me.<br />Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt.<br />Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it may be a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agent. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail.<br /><br /><br />what the CA sent back was a copy of the bills from the mentioned hospital. They sent a copy of the bills from the medical center. The copies contained names of medications and procedures. They did not send anything that contained my signature nor did they have anything stating they had permission to have PHI. <br /><br />Is this proper debt validation? and does it seem to be a Hippa violation?Kellyhttps://www.blogger.com/profile/13476062143945772588noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-11448628686286196192017-08-11T15:27:40.801-07:002017-08-11T15:27:40.801-07:00HI Caroline,
I can think of 3 medical collection ...HI Caroline,<br /><br />I can think of 3 medical collection companies off the top of my head the inflict interest month after month and don't validate properly and continue to violate the FDCPA, and claim that they are not violating HIPAA. I feel your pain!<br /><br />They are violating HIPAA. Yes they can try to collect but unless you have specifically given authorization to share your medical information with them, they are NOT ALLOWED to know anything about your private and protected health records. Only billing and payment information, which makes it very difficult for them to provide a full accounting without violating HIPAA. The full accounting MUST come from the OC and not them to avoid that violation.<br /><br />CFPB is now useless, as you have found out. You can threaten to sue this company but unless you actually sue them, I seriously doubt they will go away or remove their lies from your credit reports.<br /><br />Have you responded to their response? You definitely need to do that and you need to call them out for not validating. Chicken scratch is not validation. A CONTRACT between you and them is REQUIRED. A full accounting is required. Proof of a valid assignment or proof of purchase is required in order to show they have any rights to furnish crap on your credit reports (which I don't believe they really ever have the right - but that's my opinion based on facts and contract law).<br /><br />Oh, since they say the provider gave them permission to furnish info on your credit reports, where's that proof? They're pulling that out of their orifice. <br /><br />Try looking them up to see if they are licensed and bonded to do business in your state, if your state requires it. Look them up to see if they have a business license in your state. Check and see if there are any complaints made against them/their license/bond. Check to see if they are their parent company (if they have one) have any CFPB consent orders against them. File a complaint against them with your AG, and their state AG if they are in a different state. File a complaint against their bond. File a complaint against them with their registered agent. Put complaints about them with any agency that might have some influence over them. You can even file a complaint against them with the ACA which is an organization for collection companies similar to the AMA for the medical field.<br /><br />Keep fighting back. It's your best chance to get them removed. Credit repair is much more difficult these days. These creditors, collectors, and bureaus, as well as their so called regulatory agencies really don't seem to care if anyone other than the consumer or credit repair company follows the law. They violate all the time and get away with it. Very frustrating. I wish you extra good luck and success.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-9052635006152179012017-08-11T13:16:47.255-07:002017-08-11T13:16:47.255-07:00I just wrote this long comment and I don't thi...I just wrote this long comment and I don't think it even went through (ugh!). So, here's the shortened version:<br /><br />I have one medical collection on my Equifax report that I can't seem to get deleted. I got it deleted off of TU & EX with no problems. I filed multiple disputes with Equifax and direct disputes with the collection agency. I never received anything to this date from the collection agency in the mail. <br /><br />So, I filed a BBB complaint and they responded within 24 hrs (lol, funny how that works!). They included 2 statements they claimed they sent to me in the mail and a chicken scratch handwritten ledger. They refused to delete and BBB closed the complaint as resolved even though I responded and said I DID NOT accept their response. Also, on the 2nd statement they sent through the BBB it said that the provider gave them permission to report to the CRAs. However, it is reporting under the collection agency and not actual provider so why would they need the provider's permission??? Anywho...<br /><br />So, then I filed a complaint with the CFPB (thinking that would get me somewhere and it DID NOT smh). In this complaint I added that I did not have a contract or business relationship with them and that HIPPA had been violated because the ledger had that I had surgery. They responded back with "no HIPAA violation has occurred; the Department of Health and Human Services has explained that [d]ebt collection is recognized as a payment activity with the payment definition of the Privacy Rule as codified in 45 C.F.R. § 164.501, specifically part (2)(iii) of the definition." And they continue to refuse to delete. <br /><br />They are getting on my last nerve. And to top it off, they are adding interest to the medical collection every month. And I'm sorry but I refuse to pay interest on a medical collection. Especially since the provider had my address street type wrong on his ledger (for instance I live @ 123 Court, but he had 123 LANE). I'm guessing that's why I never received anything from him in the mail and I just think the collection agency didn't send anything because they had my correct address on the their statements. Also I thought they are supposed to report what the provider reports, so how are you going to report my correct address, when you have provided me proof that they the provider gave you a different address. <br /><br />Do you have any suggestions on how to get rid of them!?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-33036819454258684322017-08-11T12:54:27.056-07:002017-08-11T12:54:27.056-07:00I have been disputing the one and only medical col...I have been disputing the one and only medical collection on my credit reports. I managed to get TU and EX to delete with one dispute. However, EQUIFAX is being the devil. They refuse to delete. I have disputed directly with the collection agency and they never responded. <br /><br />So, I filed a complaint with the BBB. They responded within 24 hours (lol). They sent me a handwritten (looked like chicken scratch) ledger and 2 statements they claimed they sent me in the mail (that I never received). On the second statement they stated the provider gave them permission to report to the CRAs. However, they are reporting under the collection agency and not the provider. So, why would they need permission from the provider? It makes no sense to me. Also, the provider had my street type wrong on his files (like my address is 123 love COURT, he had LANE). I'm guessing that's why I never received anything from him. The collection agency had my correct address on their statements that they sent me through the BBB but as I stated I never received anything from them in the mail. They still refused to delete after the BBB complaint. <br /><br />So, I filed a complaint with CFPB (thinking that would get me somewhere and it DID NOT). I told them they were in violation of HIPPA for having information that stated I had surgery and that I did not have a contract/business relationship with them. They responded with "no HIPAA violation has occurred; the Department of Health and Human Services has explained that [d]ebt collection is recognized as a payment activity with the payment definition of the Privacy Rule as codified in 45 C.F.R. § 164.501, specifically part (2)(iii) of the definition." <br /><br />They are really getting on my nerves. Plus, they are adding interest. I'm sorry I refuse to pay interest on a medical bill that I did not receive. I have had insurance for last 10+ years and I have been up to date paying my medical providers. Do you have any advice on how to get rid of this medical collection? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-3849324277276426972017-07-22T17:57:54.160-07:002017-07-22T17:57:54.160-07:00Hi Rick,
I haven't heard that before but I ca...Hi Rick,<br /><br />I haven't heard that before but I can imagine people trying to claim that. However, according to HIPAA, they have to have your express written consent authorizing them access to your private health information.<br /><br />When I write letters for medical collections. I call out that I absolutely forbid them access to any health or medical information about me or any family members and I absolutely do not authorize the medical facility to share my private and protected health information with them or anyone. I warn them that they are required to provide an itemized full accounting but if I see one medical term on anything they send to me, I will report them and their client or original medical facility for HIPAA violations and hope all their butts go to jail along with being fined, as the federal Act permits.<br /><br />Warning them right up front, and I put it in bold font, helps to get rid of these blood suckers most of the time.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-34166432202252659542017-07-20T16:35:10.187-07:002017-07-20T16:35:10.187-07:00Hi, I'm in the process of doing exactly what y...Hi, I'm in the process of doing exactly what you have said to do, I just received the first response from collection agency and it had a detailed bill of medical procedures. I did request validation in the form of proof of services as I never was in a contract with said collections agency. <br />I have heard if I ask for a detailed bill of services I am actually giving them permission to have my personal medical information which would make them not in violation of Hippa is this true? I hope not. <br /><br />Thanks in advance!!Anonymoushttps://www.blogger.com/profile/13162451469500550641noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-65005077907514486002017-07-16T10:34:28.812-07:002017-07-16T10:34:28.812-07:00Hello and to answer whether or not their response ...Hello and to answer whether or not their response was a HIPAA violation - YES. The only one who can send you the itemized bill disclosing your private and protected health information is the medical facility. You would have had to give the medical facility authorization to release your medical information to the specific collection company. <br /><br />You need to respond to the collection company and tell them that what they sent didn't validate their claim because nothing they sent showed your agreement to do business with them and because they sent private, protected health information belonging to someone, unless they have a signed authorization to release that information to them, they and the medical facility have violated HIPAA.<br /><br />Sending a bill is NOT validation. It is part of what is needed but the first and foremost item they must have is a contract between their company specifically and you, signed by both parties. They have not lent you anything nor provided any services to you and have never been requested by you to do either, nor have they been requested by you to take over the alleged account on your behalf. <br /><br />They are missing the important contract and without that, there is no validation or proof that you owe them anything. Make sure you respond to them and don't back down. They are making the accusation, they bear the burden of proof.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-10146346590156224502017-07-16T09:33:11.833-07:002017-07-16T09:33:11.833-07:00I hope this reaches you as I need help asap!
I dis...I hope this reaches you as I need help asap!<br />I disputed a medical collection with Equifax and it was deleted from my credit report with all bureaus as 3rd party collection agency was unable to validate. About 3 weeks later I received a dunning letter from a different collection agency who I assume purchased the debt from the previous collection agency who could not validate. I sent a debt validation letter to the new c. agency and received a letter with a hospital bill enclosed. The bill has dos, cpt/procedure codes, etc. Is this violation of HIPPA? What can i do now? I still do not have any knowledge of this debt as I never received a bill from the hospital. Am I to send another letter? What should it include? RChttps://www.blogger.com/profile/11041724857547347509noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-59101100334126820792017-03-30T04:36:35.741-07:002017-03-30T04:36:35.741-07:00How To Write Bureau Dispute Letters - Part 1 My bl...How To Write Bureau Dispute Letters - Part 1 My blog post from Dec. 19, 2015. <br /><br />I HATE THE 609 LETTER!! But go ahead and believe the lie that this section of the FCRA is going to solve all the problems on the credit reports. Of course, you'll need to send 1st letter, 2nd letter, 3rd letter, 4th letter, month after month till you finally give up and realize that bureaus have seen the magical "609 letters" 400 billion times and don't bother to comply with section 609. <br /><br />If the derogatory accounts have balances, then dispute them and follow up with direct to creditor/collector letters demanding that they send you all of the documentation proving that their claim of verification is accurate. Be specific about what you disagree with and be specific about the documentation they need to send you. If you don't know what to request or demand that they send you, look through past articles on the blog. I'm pretty sure I've covered it.<br /><br />If you can't figure out what to write or are just tired of going it on your own, I'd be more than happy to assist you professionally as one of our clients. Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-71104496739308942662017-03-29T19:46:43.577-07:002017-03-29T19:46:43.577-07:00Im sorry i didn't explain that well
ok i cal...Im sorry i didn't explain that well <br /><br />ok i called a credit bureau to update my personal info because they had my name spelled incorrectly and old addresses. <br /><br />they told me in order for them to update my info they need a copy of my SSCard and ID.<br /><br /> I was asking what do i send them with that info their asking for a dispute letter or just write why im sending these items?<br /> <br />I also looked at one on my credit reports and it shows closed accounts derogatory and chargeoffs.<br />Do i just dispute this with a 609 letter?Lady31https://www.blogger.com/profile/02898678672291831329noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-78352246230641260352017-03-29T17:46:47.040-07:002017-03-29T17:46:47.040-07:00It depends. Closed and $0 balance - leave it alone...It depends. Closed and $0 balance - leave it alone. Closed,derogatory and a balance, dispute it. <br /><br />If you feel like sending them copies of your id and ss, then go ahead. Or tell them you've already submitted them and not doing it again since they are not a government agency and they should have them in their files. Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-80665057693565002212017-03-29T09:33:29.139-07:002017-03-29T09:33:29.139-07:00If you have closed accounts on one of your credit ...If you have closed accounts on one of your credit reports what do you do? If a credit bureau ask for proof of your id and sscard for verification what do you send with that info?Lady31https://www.blogger.com/profile/02898678672291831329noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-69397061908493866122017-03-27T18:45:08.044-07:002017-03-27T18:45:08.044-07:00Ok thanks!!Ok thanks!!Lady31https://www.blogger.com/profile/02898678672291831329noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-63660545459959058262017-03-27T18:05:35.602-07:002017-03-27T18:05:35.602-07:00I personally would never put anything in my own ha...I personally would never put anything in my own handwriting to a collection agency. Definitely not a signature. Its much easier to save a copy to your computer that you have typed up and printed. You always want to keep copies of all correspondence.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-59938108317684164072017-03-27T17:32:45.367-07:002017-03-27T17:32:45.367-07:00Thank you so so much for your responses.. i really...Thank you so so much for your responses.. i really do appreciate the time you take out to help others. one more thing is it better to personally write it out on a piece of paper or type it up and print it out?Lady31https://www.blogger.com/profile/02898678672291831329noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-38645481898993242552017-03-27T12:10:58.462-07:002017-03-27T12:10:58.462-07:00You send them another letter telling them that you...You send them another letter telling them that you received their correspondence and although they tried, what they sent didn't validate or prove you have any obligation to them and you are rejecting it as proof of validation.<br /><br />Then you go on to say that you demanded validation and proof that you had contracted to do business with them specifically. They didn't provide it and you're not interested in paying a bill you don't owe to someone you don't know, don't have a contract with, hasn't provided services or money or credit to you, and was never on any original contract you've had with any company and they don't have the legal right to substitute themselves onto an alleged contract without your request for them to do so.<br /><br />Then include the demand for validation again, tell them to get off the credit reports until they provide you with a valid contract between them specifically and you, signed by both their authorized rep and you. This is what the FDCPA says they must do until they prove their alleged claim.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-10674800363599653152017-03-27T12:02:49.087-07:002017-03-27T12:02:49.087-07:00Thank you but how do i reject what they sent me? D...Thank you but how do i reject what they sent me? Do i send them a typed up hippa letter? Or a 609? Or how do i respond?Lady31https://www.blogger.com/profile/02898678672291831329noreply@blogger.comtag:blogger.com,1999:blog-2927206001214974856.post-50258783390245084712017-03-27T09:09:05.880-07:002017-03-27T09:09:05.880-07:00Hi Lady,
You use the word "collector" s...Hi Lady,<br /><br />You use the word "collector" so when I see that they are attempting to claim validation because they sent a signed contract I immediately think, a contract between you and whom? To me, its not validation because they didn't send you a contract between you and them, they sent something between you and some other company.<br /><br />In order to validate they need to send proof of assignment or purchase, a full chain of assignment, and definitely a contract showing you agreed to do business with them specifically.<br /><br />Where to start, if you've already demanded validation, reject what they sent you for the reason named above and do it in a letter sent certified mail. Type it up. Never send your own handwriting to a collection agency. Your signature might end up on something you never really signed.Shannon Lopezhttps://www.blogger.com/profile/13849218383895424511noreply@blogger.com