Sent Pre-Hipaa, split file caused a "Not on file" result

[momofseven]

Hi, I posted this in the main credit forum but it didn't get much response. I am reposting it because it is Hipaa related and I am worried that if I have to redispute it from the start it will throw off the timing on the other two CRA's.

 

 

 

 

Hi, I sent a pre-hipaa three weeks ago. The day after I mailed it I found that an incorrect address had popped up as a current address. We called EQ to fix the address before they got the pre-hipaa I had sent. They created a whole new file that was empty. We called and they said to send ID and SS card by fax and they would fix it. It took them over a week to fix. Now that it is fixed I received a letter from EQ saying that the items in my pre-hippa were not on my file. What can I do with this? This is for my husbands file. After 25 years the line between his and mine get blurred. Thanks

[momofseven]

I plan on waiting out the 30+5 days for the original dispute and then send a letter saying please delete immediately due to not properly investigating my claim. If they don't delete, should I redispute? How does that change the timing for HIPAA? Thanks

[Why Chat]

I plan on waiting out the 30+5 days for the original dispute and then send a letter saying please delete immediately due to not properly investigating my claim. If they don't delete, should I redispute? How does that change the timing for HIPAA? Thanks

Have you SEEN the "full" file??

Don't jump to any conclusions unless and until you can see if the account is still actually ON his reports.

 

If it IS, then all you need to do is to print out the statement that it is NOT on his file and send it to them, or, fax it to them with a copy of the file SHOWING the account and advise them that this is a GROSS violation of the FCRA and FACTA by misrepresenting the results of a legitimate dispute, and that your next step is to file a complaint with ALL the proper Agencies and turn the matter over to a lawyer.

[momofseven]

I have the results that show that the disputed items are not on file along with a report that shows just the one account that did update during the period of time that there was an additional empty file created. Now, the whole file is together and the additional file information, the one account update, are merged into one and the disputed accounts are included. Thanks for responding, I think this could be very helpful.

[momofseven]

I sent a letter demanding deletion based on the failure to properly investigate and misrepresenting the results of a dispute. I waited 45 + 5 days. I included a copy of the original dispute, the results page from there response, a copy of current report with the items highlighted, and copies of driver licenses and SS card. They have marked the accounts as reinvestigation in process. Should I wait out the 10 days that I gave them and then file a complaint with the BBB and the FTC? Thanks

 

Diane

Edited July 22, 2007 by momofseven

[Why Chat]

I sent a letter demanding deletion based on the failure to properly investigate and misrepresenting the results of a dispute. I waited 45 + 5 days. I included a copy of the original dispute, the results page from there response, a copy of current report with the items highlighted, and copies of driver licenses and SS card. They have marked the accounts as reinvestigation in process. Should I wait out the 10 days that I gave them and then file a complaint with the BBB and the FTC? Thanks

 

Diane

If you have "inquired" in ANY WAY about the progress of the pending investigation you have added 15 days EACH TIME to the time allowed for their response.

 

Sit back and WAIT until ALL the possible time they have for responding has gone by, THEN file a complaint with the FTC, ( a BBB complaint, is IMO not appropriate for a CRA, and is usually ineffective for anything else anyway).

 

After you file the FTC complaint, you redispute with a copy of the filed FTC complaint to the CRA's Compliance Dept.

[momofseven]

Should I just wait the ten days I gave them or wait 30 days for them to complete an investigation I did not request. I found it is marked in investigation on EQ CWG pulls not by personal contact. Thanks

[Why Chat]

Should I just wait the ten days I gave them or wait 30 days for them to complete an investigation I did not request. I found it is marked in investigation on EQ CWG pulls not by personal contact. Thanks

What do you mean you "did not request" an investigation?? Didn't you send them a dispute??

 

Wait the 30 days.

[momofseven]

I didn't send a dispute. I sent a demand for deletion based on there failure to properly investigate my prior dispute and misrepresenting the results of my prior dispute. I sent prove of the dispute from nearly two months ago and the answer that said the items were not on file. I sent the demand after waiting out over 50 days giving them 10 days. Thanks

[momofseven]

bump for clarification thanks

[momofseven]

I sent them the results page that showed the items not on file and the report showing them still reporting and demanded deletion. They just marked it as investigation.

[Why Chat]

I sent them the results page that showed the items not on file and the report showing them still reporting and demanded deletion. They just marked it as investigation.

What you sent them is considered a dispute.

[momofseven]

So I should have just filed the FTC complaint and included a copy with a results to EQ? Apparently I misunderstood your earlier advice. Can I do that now?