What's the next step? -- HIPPA with insert (a) sent -10 days later no deletion

[Nemisis]

Date of service: March-June 2004

 

Pre-HIPPA letter sent several months ago.

 

Sent letter to OC with insert (a) with money order on June 4, delivered June 6.

 

Green card of above letter received, follow up letter sent to CRA's June 7

 

Follow up letter (with copy of above letter and delivery confirmation) sent to OC June 11, delivered June 12.

 

and yesterday, June 18, I receive this from TU:

RE: Verification Documents not Available

 

We store information in our records as it is supplied to us by creditors. When information is disputed, we are required to investigate and record the current status of the information. We do not provide dispute verification responses received from creditors. If you need to obtain documentation or written verification concerning your accounts, then please contact your creditors directly.

 

 

Just pulled my reports and as of June 19 collection agency is still reporting.

 

 

What would be my next step?

From WhyChat's page it seems my next step will be filing a civil suit against the OC and the CA for their liability for violations of the FCRA.

Just wanted to make sure I'm on the right track.

 

I'm looking forward to filing the lawsuit

 

 

much thanks for the help!

Edited June 19, 2007 by Nemisis

[Why Chat]

Date of service: March-June 2004

 

Pre-HIPPA letter sent several months ago.

 

Sent letter to OC with insert (a) with money order on June 4, delivered June 6.

 

Green card of above letter received, follow up letter sent to CRA's June 7

 

Follow up letter (with copy of above letter and delivery confirmation) sent to OC June 11, delivered June 12.

 

and yesterday, June 18, I receive this from TU:

RE: Verification Documents not Available

 

We store information in our records as it is supplied to us by creditors. When information is disputed, we are required to investigate and record the current status of the information. We do not provide dispute verification responses received from creditors. If you need to obtain documentation or written verification concerning your accounts, then please contact your creditors directly.

 

 

Just pulled my reports and as of June 19 collection agency is still reporting.

 

 

What would be my next step?

From WhyChat's page it seems my next step will be filing a civil suit against the OC and the CA for their liability for violations of the FCRA.

Just wanted to make sure I'm on the right track.

 

I'm looking forward to filing the lawsuit

 

 

much thanks for the help!

No, the next step is the "courtesy letter" to the OC which you will find on the page for filing a HIPAA complaint.

 

I suggest you wait at least a week though, as TU always sends that form letter out in response to a medical dispute letter and THEN deletes the account.

 

Check your report from TU BEFORE sending out anything else, as you MIGHT find that the account has already been deleted.

[Nemisis]

ah thanks WhyChat!!

 

I knew I was missing a step =)

I'll wait a week, pull my reports, and if not deleted --send the courtesy letter.

Edited June 19, 2007 by Nemisis

[Nemisis]

***UPDATE***

 

Firstly, thanks again to WhyChat for all your help!

 

WhyChat:

It's now late August and the collection account was simply updated to "Paid" collection. I checked my reports today.

I now send the courtesy letter, wait two weeks, and if no reply --proceed with the 'HIPAA Compliant Process' correct?

 

thanks!

[Why Chat]

***UPDATE***

 

Firstly, thanks again to WhyChat for all your help!

 

WhyChat:

It's now late August and the collection account was simply updated to "Paid" collection. I checked my reports today.

I now send the courtesy letter, wait two weeks, and if no reply --proceed with the 'HIPAA Compliant Process' correct?

 

thanks!

Yes, make sure that you add in the "Courtesy Letter" the phrase "the proof of your noncompliance with the HIPAA privacy rules is evidenced by the change in status of the account on my credit reports to "paid". This is unacceptable.

 

ONLY a total deletion is permitted,as any documentation of your communication of ANY payment information via your agent ( name of CA) to a 3rd party credit reporting agency AFTER there is no longer any permitted business purpose is a violation of the HIPAA privacy rules."