Making progress but need help

[syncracirca]

I'm working on my wife's medical collections, all of which are beyond the 4 year SOL in Indiana.

 

May 30th - drafted Pre-HIPPA letters to all three CRAs and mailed letters certified mail

• Experian: 6 accts in dispute
• Equifax: 5 accts in dispute
• Transunion: 9 accts in dispute

June 5th - TU, EQ, EU certified mail receipts indicate all three CRAs have received Pre-HIPPA letter

 

June 16th - Received letter from Experian claiming they received a suspicious letter on my wife's behalf and would not be processing the request, furthermore any additional correspondence in regards to the matter would be ignored.

I followed up with this letter:

Certified Mail #:

 

Dear Experian Representative,

 

My name is (DW name), my SS # is 111-11-1111.

 

I am in receipt of your response to my dispute (copy of the response letter you sent to me is enclosed).

 

Enclosed please find a copy of my drivers license, a copy of my social security card, and an original recent utility bill to prove my identity.

 

Please process my legitimate dispute of report #1111-1111-11 dated May 30^th, 2012 immediately. Copies of all correspondence will be forwarded to the FTC and I reserve the right to seek civil damages for your violations of the FCRA and FACTA.

 

Sincerely,

 

(DW name)

 

 

 

 

June 30th -

• Experian - 3 deletions in back door, 3 remain
• Equifax - 2 deletions in back door, 3 remain
• Transunion - Couldn't check back door, but USAA fako dropped from 606 to 593

Wife just checked the mail and we have three letters from Experian. Two of the letters look like this:

 

 

 

 

 

 

The third letter says that her name has been updated to her married name. Should I respond to these letters or wait?

Edited June 30, 2012 by syncracirca

[Why Chat]

I'm working on my wife's medical collections, all of which are beyond the 4 year SOL in Indiana.

 

May 30th - drafted Pre-HIPPA letters to all three CRAs and mailed letters certified mail

• Experian: 6 accts in dispute
• Equifax: 5 accts in dispute
• Transunion: 9 accts in dispute

June 5th - TU, EQ, EU certified mail receipts indicate all three CRAs have received Pre-HIPPA letter

 

June 16th - Received letter from Experian claiming they received a suspicious letter on my wife's behalf and would not be processing the request, furthermore any additional correspondence in regards to the matter would be ignored.

I followed up with this letter:

Certified Mail #:

 

Dear Experian Representative,

 

My name is (DW name), my SS # is 111-11-1111.

 

I am in receipt of your response to my dispute (copy of the response letter you sent to me is enclosed).

 

Enclosed please find a copy of my drivers license, a copy of my social security card, and an original recent utility bill to prove my identity.

 

Please process my legitimate dispute of report #1111-1111-11 dated May 30^th, 2012 immediately. Copies of all correspondence will be forwarded to the FTC and I reserve the right to seek civil damages for your violations of the FCRA and FACTA.

 

Sincerely,

 

(DW name)

 

 

 

 

June 30th -

• Experian - 3 deletions in back door, 3 remain
• Equifax - 2 deletions in back door, 3 remain
• Transunion - Couldn't check back door, but USAA fako dropped from 606 to 593

Wife just checked the mail and we have three letters from Experian. Two of the letters look like this:

 

 

 

 

 

 

The third letter says that her name has been updated to her married name. Should I respond to these letters or wait?

Did you opt out BEFORE starting the dispute process??

Did you try to get old addresses deleted??

 

Have you had a response from Ex re your follow up letter 6/16??

 

Wait a week or so until things settle down, then check the reports again.

 

Any medical accounts that were NOT deleted in the "first round" need to have the medical DV sent to the reporting CAs

http://www.whychat.5u.com/ltrcavalhipaa.html

And the follow up letter sent to the CRAs

http://www.whychat.5u.com/ltrcavalhipaa.html#DISPUTE

[syncracirca]

Did you opt out BEFORE starting the dispute process?? Yes, we opted her out in October 2011 and once again 1 month before the Pre-HIPPA letters were mailed.

Did you try to get old addresses deleted?? Yes, I'm fuzzy on the details but I think EQ and TU deleted two old addresses and EX refused to delete anything.

 

Have you had a response from Ex re your follow up letter 6/16?? EX has not specifically responded to the letter mailed to them on June 16th, just what we received today.

 

Wait a week or so until things settle down, then check the reports again.

 

Any medical accounts that were NOT deleted in the "first round" need to have the medical DV sent to the reporting CAs

http://www.whychat.5...cavalhipaa.html

And the follow up letter sent to the CRAs

http://www.whychat.5...aa.html#DISPUTE

 

Do you think that the dust has settled enough to send the medical DV? I was thinking about giving it one more week. Thanks Why Chat!

[Why Chat]

Did you opt out BEFORE starting the dispute process?? Yes, we opted her out in October 2011 and once again 1 month before the Pre-HIPPA letters were mailed.

Did you try to get old addresses deleted?? Yes, I'm fuzzy on the details but I think EQ and TU deleted two old addresses and EX refused to delete anything.

 

Have you had a response from Ex re your follow up letter 6/16?? EX has not specifically responded to the letter mailed to them on June 16th, just what we received today.

 

Wait a week or so until things settle down, then check the reports again.

 

Any medical accounts that were NOT deleted in the "first round" need to have the medical DV sent to the reporting CAs

http://www.whychat.5...cavalhipaa.html

And the follow up letter sent to the CRAs

http://www.whychat.5...aa.html#DISPUTE

 

Do you think that the dust has settled enough to send the medical DV? I was thinking about giving it one more week. Thanks Why Chat!

Hmmm-- what report # were you using when you sent that dispute??

 

Wait another week I think your dispute got scrambled somehow in their system, and/or they couldn't code it for any real answer so they sent you the "We can't find your file" excuse letter to allow themselves to be in compliance with the time limits for answering.

[syncracirca]

All collections but 1 are gone from my wife's report. Deletion, deletion, deletion, deletion! Her Experian PLUS scores went from appx 590 up to 670 practically overnight.

 

The one we are left dealing with is Hillcrest Credit Agency in Kentucky. It's a fairly small amount, under $600. All 3 CRAs stated that it would remain and was verified. We sent Hillcrest the medical DV certified mail. I've been tracking it, and the letter has been sitting in the post office since July 19th (they still haven't picked it up! ). Current status on usps.com is "Notice left"....so we've been sitting on pins and needles waiting to send the follow up letter to the 3 CRAs for this last debt.

[Why Chat]

All collections but 1 are gone from my wife's report. Deletion, deletion, deletion, deletion! Her Experian PLUS scores went from appx 590 up to 670 practically overnight.

 

The one we are left dealing with is Hillcrest Credit Agency in Kentucky. It's a fairly small amount, under $600. All 3 CRAs stated that it would remain and was verified. We sent Hillcrest the medical DV certified mail. I've been tracking it, and the letter has been sitting in the post office since July 19th (they still haven't picked it up! ). Current status on usps.com is "Notice left"....so we've been sitting on pins and needles waiting to send the follow up letter to the 3 CRAs for this last debt.

How do you know it hasn't been "picked up"?? Did you send it certified ONLY without a return receipt requested?? If it didn't have to be signed for ( as per the instructions for mailing to a PO box) you would have NO way of knowing if it was picked up or not.

[syncracirca]

All collections but 1 are gone from my wife's report. Deletion, deletion, deletion, deletion! Her Experian PLUS scores went from appx 590 up to 670 practically overnight.

 

The one we are left dealing with is Hillcrest Credit Agency in Kentucky. It's a fairly small amount, under $600. All 3 CRAs stated that it would remain and was verified. We sent Hillcrest the medical DV certified mail. I've been tracking it, and the letter has been sitting in the post office since July 19th (they still haven't picked it up! ). Current status on usps.com is "Notice left"....so we've been sitting on pins and needles waiting to send the follow up letter to the 3 CRAs for this last debt.

How do you know it hasn't been "picked up"?? Did you send it certified ONLY without a return receipt requested?? If it didn't have to be signed for ( as per the instructions for mailing to a PO box) you would have NO way of knowing if it was picked up or not.

 

That is correct, I sent it certified only without a return receipt requested. I thought that USPS would update the tracking page showing that it had been picked up Here is what I see as of today:

 

[Why Chat]

All collections but 1 are gone from my wife's report. Deletion, deletion, deletion, deletion! Her Experian PLUS scores went from appx 590 up to 670 practically overnight.

 

The one we are left dealing with is Hillcrest Credit Agency in Kentucky. It's a fairly small amount, under $600. All 3 CRAs stated that it would remain and was verified. We sent Hillcrest the medical DV certified mail. I've been tracking it, and the letter has been sitting in the post office since July 19th (they still haven't picked it up! ). Current status on usps.com is "Notice left"....so we've been sitting on pins and needles waiting to send the follow up letter to the 3 CRAs for this last debt.

How do you know it hasn't been "picked up"?? Did you send it certified ONLY without a return receipt requested?? If it didn't have to be signed for ( as per the instructions for mailing to a PO box) you would have NO way of knowing if it was picked up or not.

 

That is correct, I sent it certified only without a return receipt requested. I thought that USPS would update the tracking page showing that it had been picked up Here is what I see as of today:

 

Arrived at unit means they received it in their PO box.

 

Send the follow up re-dispute letter to the CRA

[syncracirca]

I haven't heard back from the CRAs yet.

 

Today I got a letter from Hillcrest Credit Agency saying that (summarizing) they are under no obligation to honor my demand for verification, but they will humor me. They referenced 15 U.S.C. 1692g of the FDCPA but made no mention of HIPPA.

 

Attached to the letter is a copy of a faxed statement of charges showing a breakdown of charges for a medical procedure and a doctor office visit. Is this legal for them to have possession of this information? It's private medical data. My wife never agreed to share her private medical information with this company.

 

Maybe I'm wrong, I'm confused...

[Why Chat]

I haven't heard back from the CRAs yet.

 

Today I got a letter from Hillcrest Credit Agency saying that (summarizing) they are under no obligation to honor my demand for verification, but they will humor me. They referenced 15 U.S.C. 1692g of the FDCPA but made no mention of HIPPA.

 

Attached to the letter is a copy of a faxed statement of charges showing a breakdown of charges for a medical procedure and a doctor office visit. Is this legal for them to have possession of this information? It's private medical data. My wife never agreed to share her private medical information with this company.

 

Maybe I'm wrong, I'm confused...

The standard HIPAA release form which your wife signed allows transmission of neccessary medical data to authorized business associates for the purpose of collection.

 

Have you sent the follow up dispute to the CRAs?

http://www.whychat.5u.com/ltrcavalhipaa.html#DISPUTE

 

What was the date of medical service on the bill??

[syncracirca]

I haven't heard back from the CRAs yet.

 

Today I got a letter from Hillcrest Credit Agency saying that (summarizing) they are under no obligation to honor my demand for verification, but they will humor me. They referenced 15 U.S.C. 1692g of the FDCPA but made no mention of HIPPA.

 

Attached to the letter is a copy of a faxed statement of charges showing a breakdown of charges for a medical procedure and a doctor office visit. Is this legal for them to have possession of this information? It's private medical data. My wife never agreed to share her private medical information with this company.

 

Maybe I'm wrong, I'm confused...

The standard HIPAA release form which your wife signed allows transmission of neccessary medical data to authorized business associates for the purpose of collection.

 

Have you sent the follow up dispute to the CRAs? Yes

http://www.whychat.5...aa.html#DISPUTE

 

What was the date of medical service on the bill?? Various dates in May, June, July, and October 2007.

[syncracirca]

I have a reply from Transunion (they're first to respond to the follow-up CRA letter). Transunion says that the name and address of the original healthcare provider is the collection agency Hillcrest Credit Agency. This is just the same information off of my credit report.

 

Should I wait for EQ and EX to respond before following up? Does this mean I might wind up paying the CA? I'll sit tight until I hear from you , Why chat. Thanks for your help as always!

[Why Chat]

I have a reply from Transunion (they're first to respond to the follow-up CRA letter). Transunion says that the name and address of the original healthcare provider is the collection agency Hillcrest Credit Agency. This is just the same information off of my credit report.

 

Should I wait for EQ and EX to respond before following up? Does this mean I might wind up paying the CA? I'll sit tight until I hear from you , Why chat. Thanks for your help as always!

Is this a legitimate bill?? Hillcrest is a reputable credit agency NOT a JDB ( junk debt buyer) the account is under 4 years old so it is legally collectible. Is this all for ONE Dr.??

 

If Eq and Ex also verify, and if you believe the bill is legitimate, pay it to the OC ( original creditor health care provider) with the HIPAA letter insert "a"

 

http://whychat.5u.com/hipltr.html

 

Be sure to follow ALL the directions

[syncracirca]

It is a legitimate bill, and we can afford to pay it. I'll read that link, reread it, then pay the OC. Thank you.

[syncracirca]

Have you ever heard of the OC refusing the bank money order?

[syncracirca]

I'm sorry for all of the questions, but this provider is in Madisonville, KY. The address on the statement for the OC is listed as a P.O. Box in Cincinnati, OH. Is it ok to send payment with HIPAA letter insert A to this P.O. box? I understand their billing could be outsourced, but I'd rather ask than make assumptions.

[Why Chat]

I'm sorry for all of the questions, but this provider is in Madisonville, KY. The address on the statement for the OC is listed as a P.O. Box in Cincinnati, OH. Is it ok to send payment with HIPAA letter insert A to this P.O. box? I understand their billing could be outsourced, but I'd rather ask than make assumptions.

You get the actual address of the medical facility, ie Dr.'s office, clinic etc. where you had treatment. You address it to the STREET ADDRESS att: HIPAA Compliance Office.

You do NOT want their billing office.

[syncracirca]

Apologies for forgetting to mention the other collection that persists. I didn't mention it because it looked like it would be deleted in July...I was waiting for one large collection of $3500 to be deleted from TU, but they verified whereas EX and EQ deleted. This is dated 2009, so is well within the SOL. We are concerned about how to get rid of this one because $3500 is a large sum of money It is held by "Mutual Credit" in Madisonville, KY. Are they a JDB or a CA?

 

We sent the medical DV to Mutual Credit certified mail appx 2 weeks ago and they have not responded. My wife is fishing up the certified mail receipt so that we can check the status and see if it was delivered. We could pay the $3500 if we had to, but it wouldn't be as easy as the $506 one we've been working on. We are wondering if Transunion erroneously verified.

[Why Chat]

Apologies for forgetting to mention the other collection that persists. I didn't mention it because it looked like it would be deleted in July...I was waiting for one large collection of $3500 to be deleted from TU, but they verified whereas EX and EQ deleted. This is dated 2009, so is well within the SOL. We are concerned about how to get rid of this one because $3500 is a large sum of money It is held by "Mutual Credit" in Madisonville, KY. Are they a JDB or a CA?

 

We sent the medical DV to Mutual Credit certified mail appx 2 weeks ago and they have not responded. My wife is fishing up the certified mail receipt so that we can check the status and see if it was delivered. We could pay the $3500 if we had to, but it wouldn't be as easy as the $506 one we've been working on. We are wondering if Transunion erroneously verified.

Have you sent the follow up dispute to TU??

http://www.whychat.5u.com/ltrcavalhipaa.html#DISPUTE

[syncracirca]

No not yet. Fear has given me tunnel vision! I'll get that letter out ASAP. Thanks for keeping me on track.

[syncracirca]

We got a letter from Mutual Credit yesterday stating that the account # I sent them does not exist in their systems, nor do they have any record of my wife or her address. Should I send a copy of this letter to Transunion (we have not mailed the follow-up letter to TU yet for this account)?

Edited August 12, 2012 by syncracirca

[Why Chat]

We got a letter from Mutual Credit yesterday stating that the account # I sent them does not exist in their systems, nor do they have any record of my wife or her address. Should I send a copy of this letter to Transunion (we have not mailed the follow-up letter to TU yet for this account)?

Is this account ONLY reporting to TU??

 

Is the account # and the name and address of the CA IDENTICAL in the letter and on the report??

 

If so, yes, send them a re-dispute letter as suggested below. ( MAKE SURE ALL THE DATA MATCHES)

FOLLOW UP LETTER TO CRA SEND CMRR

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail return receipt # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had a response from them ( copy enclosed) that states that they have no record of this reported account.

 

Please provide the name and address of the person providing the prior verification, and the manner in which it was provided in order that I may pursue additional legal remedies.

 

If you are unable to document your verification and refuse to delete, I will be filing appropriate complaints against you with the FTC for FCRA and FACTA violations,the OCR for HIPAA violations and appropriate State authorities.

 

Please note that as a recipient of private medical data you are also subject to the provisions of subtitle D of the ARRA ,SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.

 

Please note that the effective enforcement of penalties against you for this breach is under the penalty rules of the HITECH Act as issued 11/30/2009. .

I also reserve the right to include your Bureau in any legal remedies I pursue.

 

Very truly yours,

 

xxxxxx

[syncracirca]

We got a letter from Mutual Credit yesterday stating that the account # I sent them does not exist in their systems, nor do they have any record of my wife or her address. Should I send a copy of this letter to Transunion (we have not mailed the follow-up letter to TU yet for this account)?

Is this account ONLY reporting to TU??

 

Is the account # and the name and address of the CA IDENTICAL in the letter and on the report??

 

If so, yes, send them a re-dispute letter as suggested below. ( MAKE SURE ALL THE DATA MATCHES)

FOLLOW UP LETTER TO CRA SEND CMRR

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail return receipt # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had a response from them ( copy enclosed) that states that they have no record of this reported account.

 

Please provide the name and address of the person providing the prior verification, and the manner in which it was provided in order that I may pursue additional legal remedies.

 

If you are unable to document your verification and refuse to delete, I will be filing appropriate complaints against you with the FTC for FCRA and FACTA violations,the OCR for HIPAA violations and appropriate State authorities.

 

Please note that as a recipient of private medical data you are also subject to the provisions of subtitle D of the ARRA ,SEC. 13407(1) BREACH OF SECURITY.—The term ''breach of security'' means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.

 

Please note that the effective enforcement of penalties against you for this breach is under the penalty rules of the HITECH Act as issued 11/30/2009. .

I also reserve the right to include your Bureau in any legal remedies I pursue.

 

Very truly yours,

 

xxxxxx

 

I have a certified mail receipt showing Transunion received this letter on October 2nd. We did not get a letter stating that they are investigating, and when checking my wife's report today we found that TU has not deleted. It looks like they have effectively ignored our letter and documentation. How should we proceed?

[Why Chat]

We got a letter from Mutual Credit yesterday stating that the account # I sent them does not exist in their systems, nor do they have any record of my wife or her address. Should I send a copy of this letter to Transunion (we have not mailed the follow-up letter to TU yet for this account)?

Is this account ONLY reporting to TU??

 

Is the account # and the name and address of the CA IDENTICAL in the letter and on the report??

 

If so, yes, send them a re-dispute letter as suggested below. ( MAKE SURE ALL THE DATA MATCHES)

FOLLOW UP LETTER TO CRA SEND CMRR

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail return receipt # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had a response from them ( copy enclosed) that states that they have no record of this reported account.

 

Please provide the name and address of the person providing the prior verification, and the manner in which it was provided in order that I may pursue additional legal remedies.

 

If you are unable to document your verification and refuse to delete, I will be filing appropriate complaints against you with the FTC for FCRA and FACTA violations,the OCR for HIPAA violations and appropriate State authorities.

 

Please note that as a recipient of private medical data you are also subject to the provisions of subtitle D of the ARRA ,SEC. 13407(1) BREACH OF SECURITY.—The term ''breach of security'' means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.

 

Please note that the effective enforcement of penalties against you for this breach is under the penalty rules of the HITECH Act as issued 11/30/2009. .

I also reserve the right to include your Bureau in any legal remedies I pursue.

 

Very truly yours,

 

xxxxxx

 

I have a certified mail receipt showing Transunion received this letter on October 2nd. We did not get a letter stating that they are investigating, and when checking my wife's report today we found that TU has not deleted. It looks like they have effectively ignored our letter and documentation. How should we proceed?

Wait until 11/2, recheck your TU report. Make sure you are using the "back door" and not just viewing your original report. ( They do NOT update)

 

If there is still no action, call them and get through to a supervisor. TU is usually the BEST of the CRAs in terms of promptly and accurately investigating and deleting, ( of course they are also the WORST of the CRAs for garbage CA inquiries).

[syncracirca]

We got a letter from Mutual Credit yesterday stating that the account # I sent them does not exist in their systems, nor do they have any record of my wife or her address. Should I send a copy of this letter to Transunion (we have not mailed the follow-up letter to TU yet for this account)?

Is this account ONLY reporting to TU??

 

Is the account # and the name and address of the CA IDENTICAL in the letter and on the report??

 

If so, yes, send them a re-dispute letter as suggested below. ( MAKE SURE ALL THE DATA MATCHES)

FOLLOW UP LETTER TO CRA SEND CMRR

Dear CRA,

My name is xxxxx xxxxxx , my SS # is xxx xx xxxx.

I am sending this dispute certified mail return receipt # xxxx to make sure you receive it.

I have no knowledge or records of account # xxxxx on my report # xxxxx.

I have disputed this unknown medical account with the reporting Collection Agent,( copy enclosed with proof of their receipt),as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had a response from them ( copy enclosed) that states that they have no record of this reported account.

 

Please provide the name and address of the person providing the prior verification, and the manner in which it was provided in order that I may pursue additional legal remedies.

 

If you are unable to document your verification and refuse to delete, I will be filing appropriate complaints against you with the FTC for FCRA and FACTA violations,the OCR for HIPAA violations and appropriate State authorities.

 

Please note that as a recipient of private medical data you are also subject to the provisions of subtitle D of the ARRA ,SEC. 13407(1) BREACH OF SECURITY.—The term ''breach of security'' means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual.

 

Please note that the effective enforcement of penalties against you for this breach is under the penalty rules of the HITECH Act as issued 11/30/2009. .

I also reserve the right to include your Bureau in any legal remedies I pursue.

 

Very truly yours,

 

xxxxxx

 

I have a certified mail receipt showing Transunion received this letter on October 2nd. We did not get a letter stating that they are investigating, and when checking my wife's report today we found that TU has not deleted. It looks like they have effectively ignored our letter and documentation. How should we proceed?

Wait until 11/2, recheck your TU report. Make sure you are using the "back door" and not just viewing your original report. ( They do NOT update)

 

If there is still no action, call them and get through to a supervisor. TU is usually the BEST of the CRAs in terms of promptly and accurately investigating and deleting, ( of course they are also the WORST of the CRAs for garbage CA inquiries).

 

Got a response from TU today. Verified with no change I sent them the collection agencies letter stating that they had no record of this debt in their systems. I don't understand how Transunion could have verified.