This month, I received my (AT&T Universal) credit card bill only to discover that they had changed my APR from 3.9% TO 27.99% because of a negative item in my credit report. I ordered a copy from Equifax and discovered a collection item from NCO financial that listed an account as over 120 days past due. After I did some investigation, I found that the it stems from a hospital visit from my daughter from May of 2001. I called the insurance company and they indicated that they paid an insurance claim from that hospital visit, but I have never once in the past 2 1/2 years received a bill from the hospital (or their billing company). Since my daughter's insurance is paid for by my ex-husband, I never received a copy of the insurance statement. In addition, they had the receivable acount under my ex-husband's name with my SSN. I don't understand how NCO financial can list an account as 120 days past due when I have never in 2 1/2 years received a bill either from the hospital, from NCO financial, or from where I was finally referred to for information - Gold Key Credit. I told them I need to see a bill before I pay them, but this has hurt my credit rating! As I am diligent about paying my bills, this is really bothering me. I've lost sleep during the past week because of this. How is OK for a company to never send out a bill then list it in this way on a credit report???? Can someone please advise me?
1. Have you changed your address since 2001? 2. Did you call the hospital to ask if they sent a bill and to which address they sent it - yours, or your ex-husband's? 3. Did you ask your ex-husband if he has received any bill or a claim notice from the insurance? 4. Do you have any papers from the insurance stating who is responsible for the payments? The scenario could be like this: the hospital sends the bill to your ex, he doesn't pay (ignores it, doesn't receive it, loses it, etc,), the account becomes 120 days past due, the hospital sells it to a collection agency, the agency looks up your report by your SSN and reports the account ...
Send a validation letter to the CA and let them show you what this bill is all about. It sounds like your ex dropped the ball and probably received the bill but discarded it or something like that. Maybe he thought you knew about it. It's an honest mistake. You can negotiate (if you actually owe it-maybe the insurance company screwed up?) payment in full for removal from your credit report if need be. But first get validation.
NCO always lists at 120+ days late, instead of '9'ing it... It does the most damage to show that the account should still be open, and not yet charged off... Send validation to NCO. As soon as you know that they received the validation letter, I would dispute it with the CRA. If they verify it (they need to provide the validation to you before they do), then they verified the inaccurate information, and you have them on that as an FCRA and an FDCPA violation for reporting inaccurate information. Try asking the insurance company if you would be able to obtain a copy of the canceled check to prove that the account had been paid. My sister had a similar problem with her hospital with a different CA, the insurance paid, but *AFTER* the hospital sent the account out to collections, and 'forgot' to let the CA know, and the CA refused to contact the hospital. Surprising what threatening the hospital with insurance fraud (for double billing the insurance company and her) managed to accomplish. The last time she went there to try to get the problem fixed she threw the copy of the insurance companies canceled check at the billing person, and told them that if its not corrected by the time we get back to the CA's office, we'ld drive to Washington, file a complaint with the Gov't who her insurance is through, and press charges for insurance fraud... By the time we got back to the CAs office it was corrected... Surprisingly the CA didn't appologize for the 5+ calls a day, some times less than 5 minutes apart...
> 1. Have you changed your address since 2001? I moved in Jan. '02, but my mail is forwarded > 2. Did you call the hospital to ask if they sent a bill and to which address they sent it - yours, or your ex-husband's? I called the hospital and they told me they have no information on billing and that I should call NCO. NCO indicated that the first bill they sent was 10/17/03 and I have not received it yet. > 3. Did you ask your ex-husband if he has received any bill or a claim notice from the insurance? He received a claim notice from the insurance company. I called the insurance company and they paid two claims to the hospital to the tune of $400+. NCO says I owe $224. The deductable is $75. > 4. Do you have any papers from the insurance stating who is responsible for the payments? They should be in the mail. >The scenario could be like this: the hospital sends the bill to your ex, he doesn't pay (ignores it, doesn't receive it, loses it, etc,), the account becomes 120 days past due, the hospital sells it to a collection agency, the agency looks up your report by your SSN and reports the account ... I suppose it could happen, but although the ex is a jerk, he does pay his bills and his credit has always been unblemished (as was mine). I have already disputed this with the CRA. I will send a validation letter to Gold Key Credit and NCO today, and if I do owe them, I will negotiate the clearing of the negative information on my credit report. Is there anything else I should do?
Originally posted by Ghost I called the hospital and they told me they have no information on billing and that I should call NCO. Try to get that from the hospital in writing. If they cannot provide a solid evidence that the debt exist, there is no debt - FDCPA § 808 (1). Try to find out if your account was assigned or sold to NCO, i.e., if they have the right to collect at all. > 4. Do you have any papers from the insurance stating who is responsible for the payments? They should be in the mail. ... I have already disputed this with the CRA. I will send a validation letter to Gold Key Credit and NCO today, and if I do owe them, I will negotiate the clearing of the negative information on my credit report. Is there anything else I should do? Maybe you should've waited until you get the information from the insurance - you might be not responcible for the debt at all. Not a big problem, you'll probably get it before the CRA responds. In any way, you've done fine so far. Keep us posted ... To the Gurus: I remember something about CA obligation to provide information about how they obtained the debt, any additional information, etc. Any clues on that?
Hi Ghost, We need to know a few things. What kind of insurance was this? A group policy through work, or a private policy that you got yourselves? If it's a group contract it's [probably] illegal to bill over what the insurance co. pays. It's called "balance billing", and is not right, but happens often. On the other hand it may be the deductables. What state were you in at the time of the visit? Was this an ER visit? Were you married at the time? And finally, how much are they claiming? ??? In the meantime, see the "-> Learn Your FCBA" in my sig line? Go study that. .
>We need to know a few things. What kind of insurance was this? A group policy through work, or a private policy that you got yourselves? It's a group policy through the ex's work. >If it's a group contract it's [probably] illegal to bill over what the insurance co. pays. It's called "balance billing", and is not right, but happens often. That's what I thought. If I do owe, it should be the $75 deductible, not $224. >What state were you in at the time of the visit? I'm in Ohio. > Was this an ER visit? Yes, with X-rays. > Were you married at the time? No. Divorced 1 month. Ex carries the insurance and I named him as the person who is financially responsible on the admission form. > And finally, how much are they claiming? $224 New development - there was a message on my answering machine at work (they must have my # from their caller ID) from Gold Key Credit for me to call them. They said that they couldn't send me an itemized bill or discuss the matter with me because, although they have my SSN, the bill is in my ex's name. WHen I explained that they put it on my credit report, they said the only thing I can do is dispute it with the CRA but that they can't take it off my credit report. What is up with that???? This is getting ridiculous.
**If it's a group contract it's [probably] illegal to bill over what the insurance co. pays. It's called "balance billing", and is not right, but happens often. Depends upon the plan...HMO's have agreed contracted amounts which are not balance billed. PPO's if out of network do not work the same way. If the amount charged is above the usual and customary amount then YES you owe it. And YES they can bill you for it! Some plans have an ER deductible...Mine has a 50 one PLUS I have to pay 10% coinsurance ontop of that after the deductible is met. Other plans cover 100% after a certain deductible. Read your plan documents (benefit summary) to tell for sure. Best bet is to call the insurance company and get a copy of the EOB stating what is the patient responsibility and why.
Re: Re: Help - I never received a bill Ok Ghost, This shouldn't be too hard to resolve. Your battle is with the Medical Provider, not the CA's. I'd write out everything this guy said in he said, I said fashion, to the best of your ability to remember. Be sure to include that he said dispute with the CRA, because Gold "can do nothing", and fax it to them. [That's a violation btw] Then go ahead and dispute through the CRA. It's should be gone within 30 days. Come back to this thread and let us know how it goes. -OR- Demand to talk to a manager at the MP's office and tell them they MUST withdraw the account as submitted in error. "Submitted In Error" is important !!! It triggers an automatic deletion from all CA's. Did you find anything else out today? BTW - once this is gone you can get back on the phone with your creditors and tell them to adjust the inappropriate rate increase. They'll delete that and re-adjust your balance to reflect that it never happened. Also SEND ME AN EMAL, I HAVE SOMETHING ELSE THAT MAY HELP. OH - and this has always been rediculous. You're just now gettin caught up in it. .
Re: Re: Help - I never received a bill All great points Iam. That's why I said [probably]. She apears not to be the reponsible party anyway, right? But Iam is right Ghost. You need the answer to this question. Can they balance bill? .
Re: Re: Help - I never received a bill >Your battle is with the Medical Provider, not the CA's. > I'd write out everything this guy said in he said, I said fashion, to the best of your ability to remember. Be sure to include that he said dispute with the CRA, because Gold "can do nothing", and fax it to them. > [That's a violation btw] Ok. Done. What's the violation? It really doesn't make sense that they can report something to a CRA but not alert the CRA that it was a mistake. > Then go ahead and dispute through the CRA. It's should be gone within 30 days. Done. > Come back to this thread and let us know how it goes. I will. > Demand to talk to a manager at the MP's office and tell them they MUST withdraw the account as submitted in error. > "Submitted In Error" is important !!! > It triggers an automatic deletion from all CA's. I'm doing this too - I'm starting with the President and will work my way down the ladder. > Did you find anything else out today? Nothing new today - but I may get a bill for my ex-husband in the mail (if the Post Office doesn't return it as addressee unknown) and he is expecting copies of the bill from the insurance company. > BTW - once this is gone you can get back on the phone with your creditors and tell them to adjust the inappropriate rate increase. They'll delete that and re-adjust your balance to reflect that it never happened. I can't wait - they were such jerks to me when I called them the first time. With creditors, you're obviously guilty until proven innocent. > Also SEND ME AN EMAL, I HAVE SOMETHING ELSE THAT MAY HELP. Where would I find an e-mail address for you?
Re: Re: Re: Help - I never received a bill Click on his nickname or here and under "Contact" you'll see "Send email to ..."
Re: Re: Re: Help - I never received a bill That's why it's a violation Vlad; "What's the violation?" Miserable failure to properly investigate consumer disputes; ONE OF MY MOST FAVORITE CASES! Section 623(b) of the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(b), http://www3.ftc.gov/os/2000/08/performconsent.htm UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION UNITED STATES OF AMERICA Plaintiff v. PERFORMANCE CAPITAL MANAGEMENT, INC., a California corporation Defendant. CIVIL NO. CONSENT DECREE Whereas, the findings are as follows: II. IT IS FURTHER ORDERED that defendant, its successors and assigns, and its officers, agents, servants, employees and attorneys, and all persons in active concert or participation with any one or more of them who receive actual notice of this Consent Decree by personal service or otherwise, are hereby enjoined, directly or through any corporation, subsidiary, division or other device from: A. failing to provide correct delinquency dates, as required by Section 623(a)(5) of the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(a)(5), for accounts that defendant reports to consumer reporting agencies; B. failing to properly investigate consumer disputes, as required by Section 623(b) of the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(b), when consumer reporting agencies refer disputes to the defendant pursuant to Section 611(a)(2), 15 U.S.C. § 1681i(a)(2) . In order to comply with Section 623(b) when a consumer disputes the accuracy of information reported by the defendant to a consumer reporting agency, defendant shall either verify the information with the original account records within the time period set forth in the Fair Credit Reporting Act or take all necessary steps to delete the information from the files of all consumer reporting agencies to which the information was reported. In any situation where the defendant either knows that no original records exist, or is informed by the original creditor that no records exist, the defendant shall, within five business days after receiving the consumer dispute, notify all consumer reporting agencies to which the information has been provided that the information is to be deleted from the file of the consumer who has disputed the account; C. failing to report accounts as "disputed" to consumer reporting agencies as required by Section 623(a)(3) of the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(a)(3), when consumers dispute accounts either in writing, orally, or by electronic means; and D. failing to comply in any other respect with the Fair Credit Reporting Act. III. JUDGMENT IS THEREFORE ENTERED in favor of plaintiff and against defendant, pursuant to all the terms and conditions recited above. Dated this ______ day of ____________, 2000. UNITED STATES DISTRICT JUDGE The vote on this position, BTW, was entirely unanimous; 5-0. .
Re: Re: Re: Help - I never received a bill The Commission vote to file the complaint and proposed settlement was 5-0. The proposed settlement will be presented to the U.S. Bankruptcy Court for the Central District of California, which is overseeing PCM's bankruptcy. If approved, the agreement will be filed in the U.S. District Court for the Central District of California. I ADHOR THIS CASE! ~ .
Re: Re: Re: Re: Help - I never received a bill Butch, the question was asked by Ghost, not by vghost. I have the case listed on my site ...
Re: Re: Re: Re: Re: Help - I never received a bill But in answering your question doesn't that help Ghost also? ??? .
Re: Re: Re: Re: Re: Re: Help - I never received a bill It definitely helps, no argument about it. I just said it wasn't my question ...
Re: Re: Re: Help - I never received a bill I just got the note from the CRA that Medclr verified that the information in my credit report is accurate! I dont' know how that can be when I called them and they told me that the debt was under my ex's name! How do I get more info on this? Do I need to send a validation letter to Medclr?
