Newbie need HELP! Score from 735 to 658

First, this is a rather precarious situation insofar as it tends to implicate HIPPA. With that said, with a score as good as yours, you may consider the following:

1) Pay the Dentist directly. Make an attached instrument that states deposit only and if you like, attach an Agreement wherein they agree that negotiation of this instrument constitutes their acknowledgment that the account for which the attached remittance is tendered was submitted to a third party collection entity in error and that thereafter negotiating the payment aforesaid, they will withdraw the account and direct such collection entity to remove any and all tradeline,

2) Wait for the check to clear your bank,

3) If cashed, wait up until 30 days to see if the collection tradeline is removed.

4) If the check is cashed but the tradeline remains, request validation from the collection agency and dispute the tradeline,

5) If the tradeline is verified without validation, you're screwed insofar as you've waited to long to invoke any type of FDCPA continued collection activity. However, if the validation is recieved by you even after the 30 day window would expire, you'd still have a HIPPA violation.

Problem with a HIPPA violation is that it provides you with no cause of action in the event you'd need it. In light of that possibility, I'd tend to advocate the following:

a) Request validation from the collection entity now in order to preserve your rights pursuant to the FDCPA (they can't continue collection efforts if your request for validation is made 30 days from your reciept of their initial communication (which would include verifying their tradeline) unless they provide proper validation to you),

b) Dispute their tradeline with all three CRA's;

and,

c) If they verify such tradeline without first validating the account with you, institute a civil action or use the violation as leverage.

 

You should get apexcrsrv's reply to this, but in the meantime, let me ask a couple of things now - it may help apexcrsrv to reply to you a little better.

When did you dispute with EX? Did you get a response yet, and if so, what was it?

My advise is do not call the collection agency! That is a general rule of thumb. So for now at least, don't call them, and don't speak to them if they call you, again, at least for now. (if you haven't already done this, read the stickies posted at the top of the main forum page. It may take a lot of time, it's a lot to absorb, but it is very valuable. I am always re-reading and re-reading)

You said that you thought the matter was settled - it might be helpful if you can describe what happened that made you think that. Did you have a conversation with the office where the conclusion was they said you would not be responsible? What is their position on this?

Hopefully, if you can add that info here, apexcrsrv or someone else may be able to help a little easier. I'm not familiar with the HIPPA rules. But I think apexcrsrv is advising a pay for delete (PFD), where you offer to pay the $56 if they agree to delete the tradeline (TL) from your credit report (CR). It can work. You have to be careful how you handle that - you shouldn't just go say that someone told you to ask for this - when anyone on the "other" side can sense you are not an educated consumer, they will deny your request. You have to handle it properly and don't give up. They know most people will stop trying after one, maybe two "no's". You'll need documentation (notices, agreements, logs of phone calls with dates, logs of conversations with the names of people you spoke with (phone or in person), etc)

 

It sounds like it could be just a mix up and should be easy to clear. (I hope!)

Consider checking to see if you can legally record phone calls in your state without the other party knowing. (not to trick anyone, just for documentation) My thought (and please get other advise from as well) is consider calling that office, be nice, if possible spoeak to the same person you spoke with before, and start by addressing the dates and recalling this past issue to determine that it was in fact not you. After that, inform them that your credit file has this listed and now that you have determined that it was not you, you need them to remove it. Ask if there is something further that they might need to help them with this (being nice). Hopefully they will agree to do this easily, if it's determined that it's an honest mistake. But, tell them you need a letter from them saying this was a mistake and that they will make this adjustment, for your records. If you can record that conversation, do so, in case it's needed later to prove they agreed it was not yours. When recording, be sure to speak the date and time before they answer the phone so that info is recorded, and do not speak while on hold - sometimes you're not really on hold and they are listening and you want to be careful about not saying anything (you don't want to let them know you're recording only b/c it gets defenses up, and you don't want to call them names or cuss or express frustration and take the chance they can hear you!)

Your documentation of those calls in your planner is good so that when you talk to them again, you know who to ask for (who you talked to before) and you can remind them that you spoke to them about this on Tues. Nov. 8th at 2:30pm (it lets them know that you are documenting so they better not try dance around this issue - they will handle it more seriously) If need be, it may be used later as proof as well, but it may not need to come to that when you let them know right away that you keep careful notes.

Again, wait for other responses to this too.

 

1) The "instrument" is any payment mechanism; i.e., a check, money order, bank draft, etc.

2) I would not call the dentist office insofar as verbal communications do not accomplish much and because you have already spoken to them once before to no avail.

3) I would not communicate with the collection agency other than through that reduced to writing send Certified Article w/ Return Receipt Requested wherein I request from them validation.

4) Experian has reduced the number of consumer disputes to two go arounds. That is too say, most persons can dispute a tradeline twice and then they are directed to issue all future communications to the furnisher of information. In my purview, that is an FCRA violation inasmuch as such responses do not provide the "frivilous" language but I digress.

You should be fine with the other CRA's so long as you do not submit the same dispute language over and over again.

For future reference, submit all disputes in writing if you did not do so the last time.

5) Your FICO score is still "okay." It will not effect your sale of your property but you will want this taken care of before you purchase another property if your hoping for a no-doc loan product. Such mortgages usually require a 700 mid or above. If you prove up income, I don't see a whole lot of difference between where you're at now and 700 (this is with my lenders).

 

apexcrsrv, Stormy said that the office has had problems, so I got the impression this was an honest mix up and even though calling them before didn't work out, wouldn't it be worth a try at least once more, to point out this error and get them to fix it - seems that would be the easy way to do it - it THEY fixed it.

I have a bit of problem paying money that isn't really owed, but I know it's worth thre $56 to clear it up easily, but still, a PFD would not be my first option if I really didn't owe this.

Stormy, I'm still wondering about your dispute - when did you do that? Any results yet? It seems to me that if stormy disputed and it really isn't his/hers, then it won't be verified, or if it is verified, there is legal action she can take. But if not verified in dispute, it will be removed - end of story.

Also, stormy, is this listed on all 3 CRA's - did you check them all?

 

Suzie,

It would be the effort to call the dentist's office "if" they fixed the issue. However, you not only dealing with them alone now rather a third party collector. A resolution through the dentist's office would now require the office to agree that it was there mistake, send a written communication to the collection agency, the collection agency to contact the CRA's, and then, the CRA's to delete the their entry.

Could it happen, sure. Is it likely, not in my opinion from my experience nor is it likely that it will happen in light of the fact the OP has already tried this route.

Where did I suggest that the OP pay this account? I would encourage them to take the action you presribed under your suggestion to go through the dentists office once more. I think I did so earlier in this thread.

My apologies for any confusion.

 

apexcrsrv,
Maybe I misunderstood. I thought when you said the following quote, that you were encouraging a PFD:

I also wanted to respond to this:

I didn't think the OP tried this - I think what the OP tried was before it appeared on the CR, when she was being billed by the dentist, then she/he tried to straighten it out and it seemed she did, then she/he got this CR surprise. But I think if the dentist office knew they made that mistake, they would fix it, even if it that now means they have more work to do - it WAS their fault. I would also suggest to the OP that if she/he does contact the office and if there is an agreement to do this, that the OP ask for them to give a time frame on when that will happen, saying this is effecting the CR and would like that cleared off quickly. If they offer a time frame, the OP should let them know she/he will checking back on this in that time. Or, the OP might want to set the time frame, a reasonable, but short one, maybe 2 weeks, or they will take further action. The OP should politely let them know that she takes her CR very seriously and this is extremely important to the OP.

 

It is very unfair to consumers but, at least we have some redress.

 

What is the basis of this debt?

If they claim you "missed appointments", did you in fact make those appointments?

If not, go "ballistic" by filing complaints with BBB, your local DA's consumer fraud unit, and the state licensing board responsible for dentists. It looks like you already cut any ties with this dentist, having switched to another one. If they want to run the risk of damaging their business over $56, and mess up your credit even if you pay a debt you do not owe, they deserve to get stuck with your complaints.

"I told her that I was trying to work this out with the dentist office and she told me. "THERE IS NO WAY TO DELETE THIS FROM YOUR CREDIT REPORT".
Of course she would tell you this. If you worked a settlement out with the dentist, she would be out her commission. If the debt is not legitimate, there is every reason to remove it.

"KD" should not be the same as "bankruptcy".
Since they contacted you by phone, they have 5 days to send you written notice of your right to dispute and request validation.

"Everything seemed to be going ok until the billing agent looked up my account and saw where I had switched dentist. "

Did you have your new dentist request your records from the old dentist? Did the old dentist promptly send those records?

Were there reasons for switching to the new dentist?

What date was that switch, and does that support or document that you would not have had any active appointments after that date, and that they would have been on notice to that effect?

 

In addition, you would normally only have appointments for either normal regular check-ups, or specifically for scheduled dental work. You wouldn't have, say, 4 regular check-ups in one year, or more than one about every 6 months.

You are not going to get anywhere with the CA, although you should still dispute and request validation to preserve your rights. You also don't seem to be getting anywhere with the office staff. Send a written complaint to both BBB and the dental licensing board, indicate that the staff had claimed that these were in error due to similar names, and that they were going to correct your account, but that instead of doing so, they had sent these erroneous bills to collection, and now refused to correct your account. Include any details about when you contacted them, who you talked to, etc. If they claim you missed a routine check-up, and it was only a few months after your last one, throwing doubt on their credibility, include that, too.

Send copies to the dentist office, CRRR.

 

First, ontrack is right about what to do now. And if I may reinforce something here, I wouldn't talk to anyone else from this point forward - I would do it all in writing and send them CM/RRR (certified mail, return receipt requested).

Wow, I really thought since this semed to be an hoebnst mistake that they would fix it - I'm surprised how they handled this. I also have a question:

Did you mention that these appointments were not yours, that there was other patients with that same name (at least at that time), and that another staff member confirmed that? I'm wondering what they had to say to all of that.

You said everything was going ok until they discovered that you switched dentists. What positive things had gotten accomplished up to that point? Did they confirm those appointments were not yours?

I get the feeling they are a shady business. For them to get that upset over you switching dentists...I wonder if they do this alot - bill for appts that never happened, bill ppl phatom charges, etc. and maybe they are upset that they have one less person they can do that too.

It also sounds like the CA is internal, for you to get that phone call so quickly but no letter prior to that, and for them to use they same words about "no deletion" - the timing is too ironic. I think it's them, adding more pressure. I think they are trying to intimidate and that tells me that they are afraid - afraid you'll upset their little operation.

Find out all of the steps, follow them, stay on it, don't give up, no matter when they tell you many times over it won't work. Request validation, dispute errors, and I would definately call the BBB and other authority.

Edit:

Yours is collection, hence that code. That's my opinion on that anyway.