Consumer complaint received 2022-11-10
Company: Medical-Commercial Audit Inc
State: MO
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
This collection attempt is for a debt that was paid in full on XX/XX/XXXX, check number XXXX, for a statement dated XX/XX/XXXX. This was paid to the original service provider as part of typical business and before any collection activity was initiated. I received a duplicate statement from the original creditor for the amount and contacted and spoke with the provider by phone on XX/XX/XXXX. I was told by the original account owner that it was a mistake and there was no balance on the account, therefore no delinquent balance or account in default and I had nothing to worry about. At my request, the person I spoke with promised to have their manager review and verify that information, and to contact me if there was any confusion or questions. I was not contacted again by the original provider. 

I received a collection letter in XX/XX/XXXX from XXXX XXXX, representing the collection agency known as MCA, claiming there was an outstanding balance for this same account. I contacted MCA, in writing, on XX/XX/XXXX to determine the cause, explain that there was a previously discovered and corrected clerical error on the part of the original provider of this same account, and that I verified with the original provider there was no balance due, was paid in full, and that I am not responsible for the duplicate charges. I requested the collection be removed, if present, from my credit report and requested that MCA explain to the reporting agency that it was reported in error. Due to the nature of the error, I asked that the collection not be listed as " closed '' or " settled '', but that it be fully removed from my report since it should not have ever been sent to collections. I additionally asked that, if MCA believed the collection was valid, that MCA provide me detailed information demonstrating the legitimacy of the collection as well as notify the reporting agency that the debt is in dispute. Time passed with no response, so I again contacted MCA in writing on XX/XX/XXXX reiterating the same concerns and again requested the information to verify any debt they believed was correct. I finally received a response from XXXX XXXX on XX/XX/XXXX acknowledging the receipt of my requests, stating that she had overlooked my requests and had somehow not noticed my requests until that very day, apologizing for not replying sooner, promising to investigate the matter at once, and promising to contact me as soon as possible if applicable. I received no further response from MCA, and due to the circumstances, lack of communication or supporting evidence, I presumed, and not unreasonably, it was realized the collection was in error, their mistake was being corrected, and the issue was resolved. 

Additional time passed, and while I had still not received any of the requested information to support the claim of the collection, the collection began appearing on my credit report. I contacted MCA again, in writing, on XX/XX/XXXX stating that I had previously contacted them regarding this issue and was disputing the legitimacy of the collection and attempting to resolve the issue, but there was no communication from them, resulting in the issue still not being resolved. They had neglected their obligation to provide evidence validating the debt on request, despite my requesting it for quite some time. This failure to provide the requested information or verify the authenticity of the collection in a timely fashion supported and reinforced my attestation that the alleged balance due is not a legitimate debt that I am responsible for, but instead, a result of errors outside of my control. 


A short while later, and after multiple requests, I received a reply from MCA, dated XX/XX/XXXX, more than two months after my initial request for information, containing a duplicate statement of services performed by the original service provider that was paid in full XX/XX/XXXX. This is the exact duplicate situation that I had contacted MCA about and asked to discuss months earlier. In response, I sent another certified letter to MCA, on XX/XX/XXXX, explaining the situation again, and enclosed copies of the statement invoice dated XX/XX/XXXX, as well as evidence of the payment for the services, described, in the amount specified, submitted to the original provider on XX/XX/XXXX, showing the original debt was paid in full long before there was any communication with MCA. 

I asked they contact the original provider to determine where the error originated and stated that I would be more than happy to provide any information that would help with the investigation, but again stated in the letter that the collection is not a legitimate debt, is not my responsibility, and does not belong to me. I asked that MCA carry out the previously requested steps of notifying the credit reporting agency of the situation and remove the collection from my report. I was concerned that the debt may appear on my credit report as a settled debt if not handled correctly, so I asked that they make sure the collection is completely removed from my credit history, since it is not a debt that I am responsible for, and, per the original provider, was non-existent, and should have never been sent to collections. I asked that I be kept informed of the status of the situation and to contact me if any additional dates or records that I may have would be beneficial to resolve the issue. 

That was in XXXX of XXXX. While preparing to apply for a loan in XXXX of XXXX, I discovered the collection was on my XXXX credit report. Since all other attempts had gone ignored by MCA, I contacted XXXX directly to dispute this collection on XX/XX/XXXX. After disputing the debt with XXXX, the collection was temporarily removed from my XXXX report, and I was contacted by XXXX XXXX, representing MCA, on XX/XX/XXXX, again claiming the same debt is owed, and no indication that any investigation or effort put into determining the cause of the issue. Once again, I provided the proof of payment information, dates, time, and call records to the original provider. I again asked that the situation be investigated, and since the original provider assured me there was no outstanding debt, that the collection be permanently removed from my credit report. Since this appears to be a pattern with little-to-no communication and the same collection again eventually reported to the reporting agencies, I have requested and that there be a formal acknowledgement drafted, signed, and provided to me for my personal records, stating the matter was reported erroneously, has been closed, removed, and there is no outstanding debt. I have received none of these and I have been more than patient. I didn't mind helping determine the source of the confusion, but I have no responsibility for this debt. This misunderstanding was rectified with the original provider more than a year ago, and I made a good-faith effort to resolve the issue with MCA before the situation got this far. But instead of acknowledging their responsibility for the error and accepting the loss incurred while trying to collect a non-existent debt, there is an invalid collection that has appeared on my credit report, by what I can only assume is an attempt to recover collection expenses to offset any loss incurred trying to collect a debt that does not exist. 

This has taken considerably longer than it should have. It should not be, and there is no acceptable excuse for this level of difficulty to have an obvious error such as this corrected, or at the very least, addressed and investigated. The fact that it has taken this long without resolution with little-to-no communication on the part of the collection agency is a clear example that illustrates the level of mismanagement transpiring throughout the course of this affair that ultimately and directly caused this situation. 

Additionally, the series of activity that MCA has chosen to execute violate mandates as defined in the National Consumer Assistance Plan, requiring a collector to notify a suspected responsible party of a potential collection and provide, at minimum, six months/180 days prior to negatively reporting any medical collection attempt to any of the credit reporting bureaus. Initial contact with MCA was XX/XX/XXXX and I made multiple attempts to contact them and request information about the debt. Even though MCA acknowledged the receipt of my request and failed to provide me the necessary information, the collection was submitted to and began appearing on the XXXX report by end of XX/XX/XXXX, which is less than half of the time the law requires. 

Not only was this situation not resolved, but despite my numerous attempts and good faith effort to address and rectify the situation, it has gotten worse and has negatively impacted my financial well-being and livelihood. MCAs failure to provide the necessary and consistent information as requested prevented any chance of progress or resolution from being achieved. MCA did not, however, fail to report an invalid collection to a reporting bureau, resulting in damage to my credit and financial hardship. By the time MCA finally made an attempt to provided me with the information I had been requesting for months, the collection was damaging my credit, impacting my livelihood, and diminishing my ability to secure lending at a rate commensurate with my stellar quality and history of responsible credit use. 

I made it clear this was an error, but I was attempting to be helpful for the benefit of the parties whose mistake resulted in the situation. Even so, there is the matter of principle. I have done everything that I can to assist in this situation, despite inconsistent claims and information, and the debt not being my fault or responsibility. I have no desire to assist anyone that is essentially attempting to hold the quality of my credit and financial well-being XXXX due to a mistake on their part that I have no control over. 

Any one of these circumstances would be sufficient to support my contesting of the debt. MCA has been made aware of the situation and continues to attempt to collect a non-existent debt that was mismanaged and illegitimately reported, in violation of FDCPA, and is making no earnest effort to correct its mistake. 

I am requesting this collection be permanently removed from my credit report at once with notation that it was added in error, in violation of credit collection and reporting requirements, and should in no way influence any decisions requested of lenders now or in the future. I have made every possible attempt to resolve this cordially, but my effort has been ignored and the situation has continued to deteriorate instead of improving since I reached out to MCA a year ago in an attempt to help understand and help correct the issue. 

Im also requesting that I be informed as the situation progresses and notified once this error has been corrected and permanently removed from my credit report, which, given the overwhelming amount of misconduct, I sincerely hope will be sooner rather than later. 


Thank you

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief