WhyChat! Sent payment to OC 3/15. CA just showed up on TU today as paid!

[madriley]

In February I was contacted by a collection agency for a $107 account. They said that they already reported it to my credit and that they would not do a PFD. I did not pay. Then I found this site. I sent the $107 money order to the OC. I hadn't heard anything since and didn't see anything on my credit so I thought I was good. Anyway, today, the collection agency showed up on TransUnion only. It shows a $0 balance. Also, in the remarks it says "Account information disputed by consumer, meets FCRA requirements" even though I haven't had a chance to dispute it yet. What happened?! Could the OC have forwarded the payment to them? I wrote "For deposit only: OC" on the back of the MO. Maybe the OC just forwarded the information to them.

Anyway, what do I do now? Since I've had recent contact with the OC (paid the $107 to them, my last statement from them was late last year) can I skip to the HIPAA letter to the OC? I already have evidence that they divulged private info to a 3rd party right? Or is it still necessary to do the preHIPAA letter to TransUnion first? Thanks in advance!!

 

Also, what are the chances of this thing spreading like cancer to the other CRAs? I need to refinance in a couple of months and I still might be able to if I just have 1 clobbered score.

 

 

Here was my last thread if want even more of a refresher:

http://creditboards.com/forums/index.php?showtopic=242808

[Why Chat]

You say you sent the OC a money order with the endorsement?? Did you send it WITH the HIPAA letter insert "a"??

 

If so, go to the next step in the process, i.e. send the "follow-up" dispute to the CRA with a copy to the OC with the cover letter.

[madriley]

You say you sent the OC a money order with the endorsement?? Did you send it WITH the HIPAA letter insert "a"??

 

If so, go to the next step in the process, i.e. send the "follow-up" dispute to the CRA with a copy to the OC with the cover letter.

 

I haven't sent the HIPAA letter yet. In this thread:

http://creditboards.com/forums/index.php?showtopic=239470

I was advised to just send payment with the "For Deposit Only" endorsement on the back with a simple note since the item had not yet appeared on any credit report. But, now that it is showing up, do I send the HIPAA letter now with insert B?

[Why Chat]

I haven't sent the HIPAA letter yet. In this thread:

http://creditboards.com/forums/index.php?showtopic=239470

I was advised to just send payment with the "For Deposit Only" endorsement on the back with a simple note since the item had not yet appeared on any credit report. But, now that it is showing up, do I send the HIPAA letter now with insert B?

Yes. and include a photocopy of the money order front and back.

 

Plus your experience has changed my opinion about my previous advice about NOT using the HIPAA letter when it hasn't yet appeared on your reports.

[keys2007]

I have the same problem with a medical collection. I sent a letter to them acknowledging that this must be an misunderstanding as I had insurance and thought it fully paid. The address they sent the final bill was incorrect. I noticed a collection account on a recent credit report and sent the OC the balance with the stipulation that they would delete. I received a letter on Friday stating that the Credit Bureaus would be notified to delete this collection account from my files. I pulled a copy only to see that the collection agency updated it as paid. What should I do?

 

 

 

 

I haven't sent the HIPAA letter yet. In this thread:

http://creditboards.com/forums/index.php?showtopic=239470

I was advised to just send payment with the "For Deposit Only" endorsement on the back with a simple note since the item had not yet appeared on any credit report. But, now that it is showing up, do I send the HIPAA letter now with insert B?

Yes. and include a photocopy of the money order front and back.

 

Plus your experience has changed my opinion about my previous advice about NOT using the HIPAA letter when it hasn't yet appeared on your reports.

[Why Chat]

Follow the directions given to others:

Opt out

Send the CRA the medical dispute letter,

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

if it is verified, then you

send the OC the HIPAA letter insert "b" with a copy of your cancelled check front and back, ( assuming your cancelled check shows it was deposited to the OC account)

Edited April 29, 2007 by Why Chat

[madriley]

 

I haven't sent the HIPAA letter yet. In this thread:

http://creditboards.com/forums/index.php?showtopic=239470

I was advised to just send payment with the "For Deposit Only" endorsement on the back with a simple note since the item had not yet appeared on any credit report. But, now that it is showing up, do I send the HIPAA letter now with insert B?

Yes. and include a photocopy of the money order front and back.

 

Plus your experience has changed my opinion about my previous advice about NOT using the HIPAA letter when it hasn't yet appeared on your reports.

OK. I sent the HIPAAletter off yesterday CMRR. So, now I'll just sit back and wait for their response.

[keys2007]

Whychat, thanks for the input. Yes, my check is made out to the OC and was deposited by the OC.

 

Thanks!

[madriley]

 

I haven't sent the HIPAA letter yet. In this thread:

http://creditboards.com/forums/index.php?showtopic=239470

I was advised to just send payment with the "For Deposit Only" endorsement on the back with a simple note since the item had not yet appeared on any credit report. But, now that it is showing up, do I send the HIPAA letter now with insert B?

Yes. and include a photocopy of the money order front and back.

 

Plus your experience has changed my opinion about my previous advice about NOT using the HIPAA letter when it hasn't yet appeared on your reports.

OK. I sent the HIPAAletter off yesterday CMRR. So, now I'll just sit back and wait for their response.

I sent the HIPAA letter on 4/28. I haven't heard anything. How long should I wait? What is the next step if there is no response?

[94B10]

I sent the HIPAA letter on 4/28. I haven't heard anything. How long should I wait? What is the next step if there is no response?

 

You sent the HIPAA letter insert "b" correct? They have received it and you received the return receipt from the letter you sent, right? Have you read the follow up instruction on Whychat's site?

 

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

[madriley]

I sent the HIPAA letter on 4/28. I haven't heard anything. How long should I wait? What is the next step if there is no response?

 

You sent the HIPAA letter insert "b" correct? They have received it and you received the return receipt from the letter you sent, right? Have you read the follow up instruction on Whychat's site?

 

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

 

Yes, I sent it 4/28 with insert b CMRR. I got the receipt back a few days later. How long do I wait before sending the follow up letter?

[94B10]

Yes, I sent it 4/28 with insert b CMRR. I got the receipt back a few days later. How long do I wait before sending the follow up letter?

 

Directly from Why Chat's site:

 

NSTRUCTIONS FOR FOLLOW UP TO "HIPAA" LETTER TO ORIGINAL CREDITOR HEALTH CARE PROVIDER

 

ALL FURTHER CORRESPONDENCE SHOULD BE SENT CMRR

 

 

1. Make sure any money order has been deposited ,or you have received a return receipt from your letter if insert "b" or "c" were used.

 

2. Send the follow up letter posted below.

 

3. Send a copy of the follow up letter to the OC (legal dept) with the cover letter,(follows letter to CRA)

[madriley]

 

Yes, I sent it 4/28 with insert b CMRR. I got the receipt back a few days later. How long do I wait before sending the follow up letter?

 

Directly from Why Chat's site:

 

NSTRUCTIONS FOR FOLLOW UP TO "HIPAA" LETTER TO ORIGINAL CREDITOR HEALTH CARE PROVIDER

 

ALL FURTHER CORRESPONDENCE SHOULD BE SENT CMRR

 

 

1. Make sure any money order has been deposited ,or you have received a return receipt from your letter if insert "b" or "c" were used.

 

2. Send the follow up letter posted below.

 

3. Send a copy of the follow up letter to the OC (legal dept) with the cover letter,(follows letter to CRA)

 

OK. I sent everything today. I really hope it works.

[94B10]

OK. I sent everything today. I really hope it works.

 

Good Luck!

[madriley]

 

OK. I sent everything today. I really hope it works.

 

Good Luck!

 

After sending the HIPAA follow up letter and the dispute to the CRA on 16th, I got a letter from the OC in the mail today. It says:

 

Mr. Madriley,

 

"I am receipt [sic] of your letter regarding a dispute you have filed with TransUnion. I have enclosed a copy of a letter from CA documenting the account is at a $0.00 balance. You should be receiving a copy of the same letter from the CA. The payment you made to OC was promptly forwarded to CA for appropriate handling of your account. That payment is now reflected in the $0.00 balance."

 

The enclosed letter from the CA read:

 

"Dear OC,

The account that was placed by your office for collections on Madriley Acc#XXXXXX has been paid. This information will be reported to all credit reporting agencies it has been reported to.

This letter should serve as proof that the account listed was paid in full. If you have any questions, please contact our office at (XXX)XXX-XXXX."

 

ARRGGHH!!! So, from this it looks like they just forwarded my payment to the CA! But how could they do that? I made the payment out to the OC and wrote on the back "For deposit only: OC." What do I do?

[Why Chat]

 

OK. I sent everything today. I really hope it works.

 

Good Luck!

 

After sending the HIPAA follow up letter and the dispute to the CRA on 16th, I got a letter from the OC in the mail today. It says:

 

Mr. Madriley,

 

"I am receipt [sic] of your letter regarding a dispute you have filed with TransUnion. I have enclosed a copy of a letter from CA documenting the account is at a $0.00 balance. You should be receiving a copy of the same letter from the CA. The payment you made to OC was promptly forwarded to CA for appropriate handling of your account. That payment is now reflected in the $0.00 balance."

 

The enclosed letter from the CA read:

 

"Dear OC,

The account that was placed by your office for collections on Madriley Acc#XXXXXX has been paid. This information will be reported to all credit reporting agencies it has been reported to.

This letter should serve as proof that the account listed was paid in full. If you have any questions, please contact our office at (XXX)XXX-XXXX."

 

ARRGGHH!!! So, from this it looks like they just forwarded my payment to the CA! But how could they do that? I made the payment out to the OC and wrote on the back "For deposit only: OC." What do I do?

You send them the "Courtesy letter", make sure you add this phrase:

 

My filed complaint to the OCR will include your letter of xx/xx/xxxx as documentation of your violation of the privacy rules of HIPAA as the payment to you was made by money order # xxxxx with a restrictive endorsement of "for deposit only to xxxxxx" , ( copy enclosed)thereby making any signing over or transfer of that money order to the reporting Collection Agent a violation of the Banking laws as well as the HIPAA privacy rules.

 

The requested deletion of all data regarding this account from my credit reports as well as from the data files of the Collection Agency will bring you into compliance with the HIPAA privacy rules.

[madriley]

OK, I think I've got my courtesy letter ready to send. I'll dump it in the mail on my way home from work. I enclosed a copy of the money order like you said. In the courtesy letter template it says to list previous corresponence. So, I put a summary and dates of my previous commucation with them. Is that what is meant by that? Or was I supposed to send a copy of all correspondence to this point?

Anyway, I am getting nervous. I am refinancing my house at the end of next month and with just TU trashed by this account I still may be able to get a good rate even if they haven't given in yet. Of course, having it off TU would make it even better. But, what I am afraid of is that in the short the the CA will get pissed and dump this account on to EQ and EX. If that happened I'd have no chance. Am I just getting jittery or would it be a good idea to wait and finish this after I refinance?

[madriley]

I sent it yesterday. I really hope it works!!!

[Why Chat]

I sent it yesterday. I really hope it works!!!

Well, they won't get it until Tues. at the earliest, but I bet you get a quick response!!

[madriley]

I sent it yesterday. I really hope it works!!!

Well, they won't get it until Tues. at the earliest, but I bet you get a quick response!!

But, what kind of response!?! Is this where they usually give in or are am I going to have to file a complaint!?! What are the chances that the CA will retaliate by reporting to other CRAs besides TU?!?!? Those SOBs better not try anything like that because this is not a fight I'm ever going to quit!!!

[madriley]

I sent it yesterday. I really hope it works!!!

Well, they won't get it until Tues. at the earliest, but I bet you get a quick response!!

But, what kind of response!?! Is this where they usually give in or are am I going to have to file a complaint!?! What are the chances that the CA will retaliate by reporting to other CRAs besides TU?!?!? Those SOBs better not try anything like that because this is not a fight I'm ever going to quit!!!

They should have received it a week ago Tuesday and no response yet. So after 10 days I file a HIPAA complaint?

[Why Chat]

They should have received it a week ago Tuesday and no response yet. So after 10 days I file a HIPAA complaint?

Did you look up the tracking number and print out the delivery date??

 

Count 10 BUSINESS days from THAT date.

[madriley]

They should have received it a week ago Tuesday and no response yet. So after 10 days I file a HIPAA complaint?

Did you look up the tracking number and print out the delivery date??

 

Count 10 BUSINESS days from THAT date.

 

WhyChat,

 

I am going to throw my HIPAA complaint in the mail tomorrow. I'm wondering exactly what documentation I need for my particular case. If I understand it correctly, the HIPAA violation occurred when the OC received full payment made out only to them and forwarded it to the CA anyway. So, with my complaint I will want to attach the letter that states that the payment was forwarded to the CA and a copy of the MO front and back. Is that correct?

[Why Chat]

They should have received it a week ago Tuesday and no response yet. So after 10 days I file a HIPAA complaint?

Did you look up the tracking number and print out the delivery date??

 

Count 10 BUSINESS days from THAT date.

 

WhyChat,

 

I am going to throw my HIPAA complaint in the mail tomorrow. I'm wondering exactly what documentation I need for my particular case. If I understand it correctly, the HIPAA violation occurred when the OC received full payment made out only to them and forwarded it to the CA anyway. So, with my complaint I will want to attach the letter that states that the payment was forwarded to the CA and a copy of the MO front and back. Is that correct?

You need to send a "time-line" of ALL your correspondence, including your initial dispute to the CRA and how the account was being reported ( or wasn't being reported) at that time, your response from the CRA and your subsequent payment to the OC with a copy of the front and back of the money order and a description of the HIPAA letter,i.e. that it was for the OC only and was NOT to be forwarded or turned over to the CA in ANY MANNER ( do NOT send copies of ANYTHING ELSE unless requested).

 

You should add that in addition to the HIPAA violation, the OC committed a violation of the banking laws by turning over to the CA a money order which was legally ONLY allowed to be deposited in the OC account and that you are in the process of filing a complaint on that issue with the appropriate agency.

 

You then need to document the CHANGE in your credit report proving the non authorized transmission of your payment record to the CA, and thereby to a 3rd party.Make SURE you document ALL correspondence to and from the OC. State that because your payment in full was with a money order with a "for deposit only" endorsement and was accompanied by strict instructions that you did NOT authorize any communication of your payment to the CA that would result in an unauthorized 3rd party account of your private medical data on your report that the OC has committed a violation of the HIPAA privacy rules.

 

There are directions on the HIPAA complaint page.

[madriley]

I filed my complaint the last week of June. Within a few days I got some papers back from the OCR to sign to authorize them to investigate. I haven't heard anything back since from the OCR or the OC. What should I do?