Hello All, Newbie here with first post. Please help clear up some of my confusion with this one. I have disputed with the CRA ( Experian ) it has been noted on my acct as : Subscriber reported dispute resolved. Consumer disagrees" I sent a debt validation to Credit Protection Association CMRR before I found out about the HIPPA process. I recieved this response from them: "The aforementioned account results from services rendered by our client, North Shore Medical center. On that date, an individual with your demographics, name, address and social security number presented herself at our clients facility and received services. Further, no insurance was provided at the time of service and the balance is your responsibilty. The conditions of admission ( COA) outline your financial responsibilties for services rendered by our client: a copy of the COA was provided to you upon your admission to the facility. Our office is not required under FDCPA to provide a COA as proper validation of a debt. Central Financial Control reports to the various credit reporting agencies utilizing the information that is provided at the time of admission to the hospital. ( Name, Address, SSN and date of birth) The information provided matches the information you provided. Based on the information provided to our client at the time services were rendered and the information which you have provided this office, the account in question belongs to you. Enclosed for your convenience is an itemized statement for services rendered by our client. The aforementioned debt has been verified and is due and owing. " My questions about this is: 1. Is this proper validation? they sent a "itemized statement" That has a bunch of numbers, my name and a previous address of mine that doesn't have the apt # listed. My DOB is listed correct but my SSN is wrong and off by a digit. and all they have on the line item is this " 450 Emergency Room and the amount 224.00. This little piece of paper is really pitiful. 2. What can I send them as a follow up if this is not correct validation. 3. This is out of SOL and due to drop in 2009. I can pay to have it deleted but I've read on the board that CFC doesnt do PFD. 4. Is HIPPA the best course of action? will it work for me now? If I attempt to pay the debt will that reage the collection account and add more years to the reporting date? I have printed out and read over and over why chats HIPPA process and can go forward with that route if it's doable. Based on all the information that I presented what is my best course of action? Thanks in advance!
1. Proper validation need only be the name and address of the original creditor, so an itemized statement with the name and the address should fit the bill. 2. See No. 1 3. If it's out of SOL, then the worst that could happen is they decide to take you to court and you file an affirmative defense of being out of SOL and move for dismissal. (Just make sure that's the case) I can't speak to the HIIPA, but it would seem like paying it without getting it deleted from your record would do your credit report more harm than good. If you don't need it off your report anytime soon, then you could just let nature take its course. If you need it off soon, you might offer a PFD on the grounds that it's out of SOL. Remind them that you have no real incentive to pay it because it will just re-age the entry and instead of falling off in 2009, it'll show as a paid collection (which, according to the FICO model, is just as bad as an unpaid one) until 2014. So from you're perspective your choice is to pay and have a bad mark for 7 more years or don't pay and have a bad mark for 1 more year. Paying definitely falls into the "no good deed goes unpunished" category.
1) Yes, 4) You're wasting your time with HIPPA insofar as there is no private cause of action provided thereunder. Honestly, that collection account is so old it is having little to no effect on your scores. It would be unwise to pay it at this point.
I thank you very much. I didn't think it would be ok to pay it at this point considering the reaging of the account situation. I'll see if they agree to a PFD and if not then it will fall of soon and its good to know its not having that much of an effect on my scores.
