Newbie need HELP! Score from 735 to 658

stormy, I asked these questions before, and you don't have to answer, but I'm curious:

I don't know if more could be available with your answers, maybe, maybe not, but I'm curious!

 

Hate to tell you I told you so but, well . . .

Follow the directions I prescribed earlier in the thread and you should be able to rectify the situtation.

Additionally, do yourself a favor and don't be so naive as to think everyone is honest and practices fair dealing. In fact, assume the opposite.

 

As part of that, in the future, follow up with any verbal agreements to correct by memorializing the agreement in writing, and sending them a copy.

When you already know they are screwing up their records, whether based on incompetence or dishonesty, you must maintain your own records and push based on them. CYA, or you will always start at square one.

 

HIPPA violations are primarily idle threat. They may not be actionable except by regulatory agencies. CRAs and CAs can meet HIPPA simply by noting medical collection accounts generically as medical, without any additional information in the credit report listing.


When you changed dentist, did you have that new dentist request your records from the first one?

In other words, do you have documentation showing your ending of your business relationship with the first dentist, and showing that the first dentist knew you had switched, and when?

 

The crux of your problem is the incompetent and unprofessional manner in which the first dentist has handled their erroneous billing, arising from their erroneously attributing an appointment to you. There is no problem in disputing via FDCPA the collection activity in collecting on this erroneous bill, both to establish that you are disputing it, and to have the OC put in writing that they are billing for it, but the point to apply pressure to finally resolve this is on the dentist. He, and his billing office, are the ones that screwed it up, and your validation request and dispute thru the CA may only produce his bill showing this.

Regardless of how the CA responds, the billing office, and the responsible licensed professional, the dentist, are ultimately responsible for this mess. Direct your complaints against them, in writing, based on that you did not make the appointments they claim to be collecting on, that their staff already claimed they would fix this error caused by a mixup between your account and another patient, you therefore do not owe for appointments you never made, and that in fact this dentist and his billing staff was both aware of the error, and that you were no longer using his services, yet they have failed to correct their billing for services you never requested or received. Even one documented item putting in doubt the accuracy of their records may have weight with who you complain to, even if the dentist brushes you off.

Make your complaints, backed up by dates from your records, to BBB, local DA (their choice, is their billing merely erroneous, or fraudulent?) state licensing board, local news consumer reporter, etc. You can also discuss the matter with your current dentist, in order to find out how to make a complaint against the first dentist.

 

Let me ask this question . . . who is the entity reporting the account? The collection agency. You rid yourself of them, you rid yourself of the tradeline.

Not to be overbearing but, is there really any further analysis needed?

The short and dirty is that this dentist office is not going to assist you in the matter. All the facts on on your side, however, it seems not too matter much. It's time to start thinking about applying some legal manuevering here such as those found within the framework of the FDCPA and FCRA.

Again, this is just my opinion and I've explained it all very early in this thread. Each person has to make there own decisions ultimately but I fear you're making a mountain out of a molehill.

 

You don't have to limit yourself going down only one path. You can go down the dispute/validation path with the CA, even as you go down the complaint path with the dentist.


Note that corporations do not practice dentistry. They are not licensed to.

Like other professionals, including doctors, lawyers, contractors, etc., dentists are licensed by the state to ensure that they practice their professions in accordance with the standards for their profession. This includes not only that they perform their dentistry in accordance with those standards, but includes compliance with ethical standards as well, such as that they do not submit fraudulent bills for work they have not done, on terms not agreed to, whether to your insurance company or to you.

It is thus entirely appropriate that even a billing complaint such as this may result in a complaint to the state licensing agency as it relates to the ethical practice of that professional in his profession. State bar associations have procedures to deal with this, contractors licensing boards have procedures to deal with this, medical licensing boards (and hospital practice committees) have to deal with similar ethical issues of practice when doctors submit fraudulent Medicare or insurance claims, and so on. As it stands, this is a fraudulent medical bill, unless and until they admit their error and correct it, and you have every right to treat it as such.

This dentist could have chosen to talk to you, and knowing you as a patient that he had in fact worked on, he would likely have been able to verify that there was an account mixup. Regardless of the reason, he did not do this, and the failure of his staff to properly handle the matter (even if they technically work for some corporation) does not relieve him of his obligation to the public to practice his profession in accordance with the technical and ethical standards of his profession. That is the legal essence of being licensed in a profession: that your have met the required standards of competence in that profession, and that you have accepted obligations and duties to both your clients and the public as a condition of your licensed practice of that profession. He cannot delegate his obligations and liability to his employer, and just walk away leaving you with the bill, without expecting repercussions.

"THERE IS NO WAY TO DELETE THIS FROM YOUR CREDIT REPORT".
There may be no way for him to delete your complaint from his licensing agency record. It would take only his word to the CA to delete this from your credit report.

Same with a BBB complaint. He can live with your BBB complaint for the next 3 years, reported as "failed to respond" or "unresolved", as the case may be.

You will likely make him really pissed, but you will get his attention, which is more than you are doing now. If he wants to get mad, he can direct his anger at his incompetent staff.

 

There is one other step you would want to take before sending a complaint to the dentists licensing board.

You would want to put the dentist on notice, in writing, that this problem exists, and must be corrected immediately. You want the presumption that he was aware of the problem, and therefore had a duty to act.

Keep you letter 1 page, formal, professional, and accurate. Do not make any threat, or even hint about further complaints. Essentially memorialize the problems, along with their claims they would fix it, and their current refusal to do so.

Outline the last day on which you received his services, that you now are receiving your care with another dentist, that the records were transferred on xx/xx/xx (if that was the case). Note that you have received no further bills from his office, and have considered your account paid in full.

On xx/xx/xx you pulled your credit reports, and found a collection account for $xx, and when you contacted the collection agency, they claimed it was from his office. That you contacted his office on xx/xx/xx, the clerk (named xxxx, if you have it) checked and said the charges appeared to be for missed appointments on xx/xx/xx and xx/xx/xx, you notified her that you had not made any appointments on those dates. She checked again and concluded that they were in error due to another patient with a similar name, and told you that she would correct it. Include that, to date, this erroneous account is still in collection, and still on your reports damaging your credit, contrary to what his clerk promised, and that his staff is not cooperating in the correction of the problem, now claiming they "can't do anything because you are no longer a patient". (Include any other nonsense BS they gave you.)

Sum up that these charges were billed to you erroneously, that they are for appointments you never made, for services never performed and never intended to be performed by his office on you, and that you expect him to pull the erroneous account back from the collection agency and direct them to remove it from your credit reports immediately. Indicate that you are expecting his immediate response.


Send this letter addressed to the dentist, at his office, and mailed certified, which allow you to show the date you mailed it, and the date it arrived. Don't bother with return receipt requested, as you don't care who there actually gets it, nor do you want it delayed by their failure to sign for it, only that you have established the presumption that the dentist was on notice, and aware of the problem, and either fixed it, or had a duty to do so and failed to. If one of his staff fails to pass it on to him, that is his problem, as far as your next complaint is concerned. You already know part of the problem is his staff, but that is still his responsibility.

The post office web site will show the date of delivery of the letter based on the certification number.

Wait 10 days after the post office web site shows that they received the letter. If you receive no reply by then, mail in your complaint to the dentists board, and BBB, include a copy of your letter to the dentist, and indicate in your complaint letter that you have received no response.

 

At the same time, to preserve your FDCPA rights, be sure to dispute and request validation from the CA, sent CRRR.

 

From apexcrsrv

I agree, you get to say I told you so, to me at least! I learned something from this. I often like to give things a good chance before attacking. I always think maybe talking to someone else on a different day may get a different result. Or at least if push comes to shove, I can say that I gave appropriate chances to resolve. But I learned here to give it one chance, b/c most likely if they didn't fix it the first time, they won't on a repeated try either. I think apexcrsrv knew this, and advised with this in mind. Since it worked out that way, I now learned that. I also think in part it lets them know you are not to be played with - you mean business. But I think when stormy said s(he) wasn't sure if the dentist even knew, that makes me want to try to reach the dentist to cover that base, hence, why I'd call again. But as was later suggested, a certified mail will inform the dentist.

I do think there are steps that should be taken, and they ahve been outlined here. if it goes to a higher level, you can then show you didn't jump to "radical" actions without trying other actions first. The documentation of your efforts, with dates, will eventually work.

From stormy, as a response to my posted question about talking to the office:

When she said there was an issue with your account, to me, that sounds like there is a message they have on your record/files that isn't good and she put you hold to read it, then came back to you with an attitude, telling me those notes are not good. Maybe you know what that could be about, or maybe you don't. But whatever the reason, it is clear they are not going to cooperate. However, it might be helpful if you could imagine what those notes are - you'll never know, they'll never tell you, but if you can remember if you said anything that they might not have liked (percieved as a threat?) Did they ever indicate what the issue may have been? I would find it hard to believe that it's just because you tokk your business elsewhere, but maybe that's it. regardless, take one step at a time now with building documentation.

There is good advise here. I'm looking forward to seeing how the outcome works.

 

"He then gave me HIS personal number. When I asked for something in writing, he said no problem. He sent me an email."

Good. Always get any agreement confirmed in writing. You will want to verify removal of all negative information from your credit reports.


Did you pay for services rendered, or for allegedly missed appointments?