I need your advice on this if you could please, I have a relatively small medical collection on my cr that I have disputed numerous times, this collection agency never supplied me with validation, yet continues to report on the cr so i complained to the bbb and FTC and today I get a letter from the CA which is a copy of the letter the Ca sent to BBB here it is: This letter is the CA's response to BBB about my complaint. (warning: pretty long) (even though its a small collection, its the principal of the matter) "Dear BBB, Thank you for bringing Tryinhards complaint to our attention. Due to issues and concerns related to confidentiality I am unable to disclose substantive patient and/or account information regarding the above-identified matter. However, please be advised the underlying items questioned in the complaint letter have been researched with the hospital. Our investigation substantiates the validity of the claim. Our records indicate that Tryinhard contacted our office on July 20.2003, requesting validation of the debt. The correspondence recieved was unsigned with no personal identification provided. Our office responded on July 31, 2003 requesting identification verification from Tryinhard in order to release the requested document (Conditions of Admission). Tryinhard sent in a second unsigned letter with no personal identification on August 5, 2003 requesting vaidation of the debt. Our office responded to her second request on August 25, 2003, again requesting identification verification. Tryinhard sent in a third unsigned letter with no personal identification on Sept. 2, 2003 demanding validation and advised that our office has ignored her requests. The document requested by Tryinhard is the signed Conditions of Admission (COA) which contains protected health information (PHI) and the same will not be released without receipt of Tryinhards personal identification (i.e. Drivers license, Social Secrurity Card, Identification Card). This requirement is per the confines of the Healthcare Portability and Accountability Act of 1996 (HIPAA). Under HIPAA, this office must insure the COA is being released to the proper party, hence our repeated requests that Tryinhard submit personal identification. Absent prooof of her identity, this office is unable to release the signed COA (which sets forth Tryinhards personal and financial responsibilty for the accounts(s) in question). Our office has made repeated good faith efforts to obtain this information from Tryinhard and we have not received her mutual cooperation. The document she has requested is in her record and available for release upon receipt of her personal identification. If I can be of further assistance please contact my office." Signed, scumbag CA WTF?? Isnt the responsibility of proof on The CA and not me to prove this debt. What do you guys think of this? Oh, and this hospital is now out of business but the message says if you need to talk to someone about financial matters call xxxxx.... well I did and it was closed today. Let me know what you think. Thanks
probably not what you want to hear, but I think their letter about your complaint has valid points. From what I read, it sounds like they have the proof of the validity of the debt but because of the medical information and the laws that surround the confidentiality of that information they cannot release the proof of the debt until they confirm that it is you. Although they are supposed to prove the debt is yours it sounds like they cannot show you this information until they know it is you. The laws surrounding medical records confidentially are to protect you too. So it sounds like both parties, the CA and the debtor (you) are in a unique situation. Did you provide the requested information to them? Are you supposed to? I have never validated a debt before, I am sure some other senior members of the board can chim in about what to do.
No, I didnt provide them with any information about me except the acccount number they claim and my name and address, I didnt think I had to, and I dont want them having this information, obviously they already have it to be able to report this collection on my CR, so why should I provide them with my ss# and a copy of my drivers lic. for what purpose? They didnt need me to send them any identification like ss card or drivers lic. to put this on my Credit report, they didnt confirm with me that I owe this debt, but yet they put it on my credit report. I always understood that the burden of proof is on the CA and not the debtor. all I want is the proof that it is me they should be collecting from. I think they are bull$hitting their way around the letter I sent for validation. I had another medical collection deleted and I didnt have this hassle. They (previous medical collection) point blank didnt have any signature but they sent me previous bills they had in their records. It wasnt enough, it wasnt full validation, therefore it got deleted. I wasnt asked to send ss card or proof of Identification of any kind. Now this is being reported by the CA, but should I contact the OC and work it out since the proof would have to come from them, who has the power to delete this? I would pay ONLY if I get full deletion.
1*Now this is being reported by the CA, 2*but should I contact the OC and work it out since the proof would have to come from them, tryinhard ============= 1*Meaning they are in violation of FDCPA because they haven't validated with you. 2*I would not.
Although they are supposed to prove the debt is yours it sounds like they cannot show you this information until they know it is you. eriqnoodle ================ They know who he is. They're Just trying to side step their responsibility to validate the debt. They have all the info they need to know its him from the information they had when they listed this.
Exactly what I thought IBrown, so what should be my next step, I filed with bbb and Ftc already and my cr shows "verified no change" which I also received today. I tryed looking up Hipaa for reference to this situation and I cant seem to find anything that says they need a copy of any of my identifing info in order to proof the debt is mine. Did I miss it? I want to sue, but they are claiming in their letter and I am sure to a judge that I am not cooperative in giving them the info they requested. So what now? thanks
