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fork in the road when choosing hipaa letter?


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81 replies to this topic

#51 Why Chat

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Posted 23 March 2012 - 01:47 PM

Whychat, here is a recap for clarity. I have received a response from all 3 now. Not a resolution, but a response.

1. TU has received the followup letter and declared this a FRIVOLOUS dispute and states they will not re-investigate.


2. EQ has added a FRAUD ALERT and forwarded this alert to EX and TU. Which I believe may be a good sign, However, it appears they did not process my dispute. I received another letter from EQ the very same day, that states "we received your request concerning your Equifax credit file. However, with the information that you provided, Equifax was unable to locate a credit file. A copy of one item in each of the categories below is needed in order to verify your identification and address......Please resubmit your request, the requested information, and this letter to the address below."

So how should handle this? Do i send EXACT copies of my original follow letter, or do i add anything new to this? it seems obvious that i need to resend everything and include my ID and add a new opening page describing what i am resubmitting. just wanna make sure this is correct....


3. EX is a mess. The CA address was wrong, and i was awaiting for the original CA dispute to arrive and i accepted "arrival at unit" as proof of delivery. This was eventually returned to send as undeliverable. So ultimately, i could end up disputing this with EX as a BAD ADDRESS. However, I sent the followup to EX, based on "arrival at unit". I have received no response to my followup letter. I have received a FRAUD ALERT letter from EX that was initiated by EQ. I am concerned that EX will update the CA address before they respond to my followup and then i will be screwed for disputing based on the bad CA address. Please advise.

Thanks Whychat

Send proof of your ID to whichever CRA wants it, copies of your SS card and drivers license and an ORIGINAL recent utility bill.

Recap your disputes, typed and "courtroom ready" and add this:

Sirs;

This is a dispute of account information on my credit report, (report #)

Please re-investigate the following disputed account(s) on my credit report.
(give CA name and acct. #)

Please furnish me with verification that (CA name) is reporting this account from (OC name) for ($ amount) in my name.

I require the identification of the reporting party their correct address and the date of their verification.


Please be advised that this request is being made in accordance with the requirements of the FCRA and FACTA and the privacy rules of the HIPAA and (your State)'s Medical Privacy Act. Please be advised that you are subject to the penalty rules of the HITECH Act as issued 11/30/2009.

This is my second request for deletion of these unknown accounts. I reserve the right to file complaints against you with the FTC and (State) Attorney General and to take action to recover damages.

Sincerely,




#52 brobins75

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Posted 23 March 2012 - 07:32 PM

Ok, I will write the letter to EQ. But this does not apply to TU or EX.

EX has not responded at all thusfar. No acknowledgement at all. Only a fraud alert initiated by TU.

TU said they won't reinvestigate bc its frivolous. But they did initiate the fraud alert. I have ZERO access to my TU file online. Awaiting paper copy per your suggestion as it may be deleted anyway...

Thx

#53 brobins75

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Posted 26 March 2012 - 07:23 AM

How is this letter? im tanking it to the PO around noon, hope to hear from you if something is amiss.

03/26/2012
Brobins75
333 main street
kalamazoo, ii 90210

EQ
P.O. Box 1111111111
Atlanta, GA

Dear Equifax,

PER REQUEST IN YOUR LETTER DATED MARCH 16, 2012, I AM RESUBMITTING THE FOLLOWING REQUEST (ORIGINAL REQUEST SENT CERTIFIED MAIL RETURN RECEIPT # 0982309850989028095820958), THE REQUESTED INFORMATION (IDENTITY VERIFICATION), AND YOUR MARCH 16TH LETTER. PLEASE SEE THE ENCLOSED COPY OF MY DRIVERS LICENSE, SOCIAL SECURITY CARD, AND A COPY OF A STATEMENT FROM THE U.S. DEPT OF EDUCATION, AS VERIFICATION OF MY IDENTITY. I HAVE ALSO ENCLOSED A FULL COPY OF MY ORIGINAL REQUEST WHICH HAS GONE UNANSWERED, INCLUDING THE BELOW REFERENCED DOCUMENTS.

My name is zippy doo da; my SS # is 111-11-1111. I am sending this dispute certified mail return receipt # 234652436234624 to make sure you receive it.

This is a dispute of account information on my credit report # xxxcxxxxxx (copy enclosed).

Please re-investigate the following disputed account on my credit report:

Syndicated Office Systems account # 34343434343343434334343343

Please furnish me with verification that Syndicated Office Systems is reporting this account from blah blah MEDICAL CENTER for $xxxx in my name.

I require the identification of the reporting party, their correct address and the date of their verification.

Please be advised that this request is being made in accordance with the requirements of the FCRA and FACTA and the privacy rules of the HIPAA and india's Medical Privacy Act. Please be advised that you are subject to the penalty rules of the HITECH Act as issued 11/30/2009.

This is my second request for deletion of these unknown accounts. I reserve the right to file complaints against you with the FTC and indias Attorney General and to take action to recover damages.

Sincerely,

me...

#54 brobins75

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Posted 26 March 2012 - 05:10 PM

ok, i mailed the letter to EQ and gave them my ID w no blackouts....

Next, I got letters today from EX and TU. TU was just an updated report with nothing changed. They already said frivolous.

But EX is kinda confusing. It looks like the sent 2 letters in one envelope. same report number though. the first is 2 pages and it says:

"Dear brobins75,

We are responding to your request to verify item(s) on your personal credit report. We have already investigated this information and the credit grantor has verified its accuracy. Please refer to the personal credit report you received for the name, phone number, and address of the credit grantor who verified this information. Pursuant to section 611(a)(3)(A)of the FCRA, we will not be investigating your dispute again at this time. If you still believe the item is inaccurate, then we can add a statement of continued dispute to your personal credit report at your request, or you may wish to contact the credit grantor directly to resolve your issue." if you...have new info...blah blah

then the letter goes on to explain how they verify this through an automated verification system or letter.

The next letter in the envelope is 12 pages and includes my report. it seems to contradict the first letter and says:

"Dear brobins75,
Pursuant to section 611(a)(3)(A)of the fcra, We were unable to honor your request or a portion of it based on teh limited amount of information regarding your dispute. if you believe that an item on your report is inaccurate or incomplete, please provide specific information. Be sure to indicate the specific item you are disputing and explain why you believe the information is inaccurate, for example: not mine, paid in full, never late, included in bankruptcy, incorrect name, etc. if the status, a date, an amount, a balance, personal information is inaccurate," blah blah


So do i send them another letter, file ftc complaint, or should i attack it because of the bad address for the CA. remember the CA dispute was returned to sender after i sent my followup to EX. i fear EX will just update the address and say done...

i will hold off on the TU attack until you have a chance to look at the EX situation. when do i get your bill? i will not be late on that one!

#55 brobins75

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Posted 28 March 2012 - 07:15 AM

ok, i mailed the letter to EQ and gave them my ID w no blackouts....

Next, I got letters today from EX and TU. TU was just an updated report with nothing changed. They already said frivolous.

But EX is kinda confusing. It looks like the sent 2 letters in one envelope. same report number though. the first is 2 pages and it says:

"Dear brobins75,

We are responding to your request to verify item(s) on your personal credit report. We have already investigated this information and the credit grantor has verified its accuracy. Please refer to the personal credit report you received for the name, phone number, and address of the credit grantor who verified this information. Pursuant to section 611(a)(3)(A)of the FCRA, we will not be investigating your dispute again at this time. If you still believe the item is inaccurate, then we can add a statement of continued dispute to your personal credit report at your request, or you may wish to contact the credit grantor directly to resolve your issue." if you...have new info...blah blah

then the letter goes on to explain how they verify this through an automated verification system or letter.

The next letter in the envelope is 12 pages and includes my report. it seems to contradict the first letter and says:

"Dear brobins75,
Pursuant to section 611(a)(3)(A)of the fcra, We were unable to honor your request or a portion of it based on teh limited amount of information regarding your dispute. if you believe that an item on your report is inaccurate or incomplete, please provide specific information. Be sure to indicate the specific item you are disputing and explain why you believe the information is inaccurate, for example: not mine, paid in full, never late, included in bankruptcy, incorrect name, etc. if the status, a date, an amount, a balance, personal information is inaccurate," blah blah


So do i send them another letter, file ftc complaint, or should i attack it because of the bad address for the CA. remember the CA dispute was returned to sender after i sent my followup to EX. i fear EX will just update the address and say done...

i will hold off on the TU attack until you have a chance to look at the EX situation. when do i get your bill? i will not be late on that one!



bump bump...hoping to shoot out another letter soon. thanks

#56 Why Chat

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Posted 28 March 2012 - 10:52 AM

ok, i mailed the letter to EQ and gave them my ID w no blackouts....

Next, I got letters today from EX and TU. TU was just an updated report with nothing changed. They already said frivolous.

But EX is kinda confusing. It looks like the sent 2 letters in one envelope. same report number though. the first is 2 pages and it says:

"Dear brobins75,

We are responding to your request to verify item(s) on your personal credit report. We have already investigated this information and the credit grantor has verified its accuracy. Please refer to the personal credit report you received for the name, phone number, and address of the credit grantor who verified this information. Pursuant to section 611(a)(3)(A)of the FCRA, we will not be investigating your dispute again at this time. If you still believe the item is inaccurate, then we can add a statement of continued dispute to your personal credit report at your request, or you may wish to contact the credit grantor directly to resolve your issue." if you...have new info...blah blah

then the letter goes on to explain how they verify this through an automated verification system or letter.

The next letter in the envelope is 12 pages and includes my report. it seems to contradict the first letter and says:

"Dear brobins75,
Pursuant to section 611(a)(3)(A)of the fcra, We were unable to honor your request or a portion of it based on teh limited amount of information regarding your dispute. if you believe that an item on your report is inaccurate or incomplete, please provide specific information. Be sure to indicate the specific item you are disputing and explain why you believe the information is inaccurate, for example: not mine, paid in full, never late, included in bankruptcy, incorrect name, etc. if the status, a date, an amount, a balance, personal information is inaccurate," blah blah


So do i send them another letter, file ftc complaint, or should i attack it because of the bad address for the CA. remember the CA dispute was returned to sender after i sent my followup to EX. i fear EX will just update the address and say done...

i will hold off on the TU attack until you have a chance to look at the EX situation. when do i get your bill? i will not be late on that one!

Take a break for a few weeks, let the computer systems clear out all the duplicated disputes. Check your reports ( back door if you can) or get a new report by calling and requesting one be mailed due to the "fraud" alert.

As to MY "invoice"!!! Scroll to the bottom of my website for instructions.

#57 Why Chat

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Posted 28 March 2012 - 10:52 AM

ok, i mailed the letter to EQ and gave them my ID w no blackouts....

Next, I got letters today from EX and TU. TU was just an updated report with nothing changed. They already said frivolous.

But EX is kinda confusing. It looks like the sent 2 letters in one envelope. same report number though. the first is 2 pages and it says:

"Dear brobins75,

We are responding to your request to verify item(s) on your personal credit report. We have already investigated this information and the credit grantor has verified its accuracy. Please refer to the personal credit report you received for the name, phone number, and address of the credit grantor who verified this information. Pursuant to section 611(a)(3)(A)of the FCRA, we will not be investigating your dispute again at this time. If you still believe the item is inaccurate, then we can add a statement of continued dispute to your personal credit report at your request, or you may wish to contact the credit grantor directly to resolve your issue." if you...have new info...blah blah

then the letter goes on to explain how they verify this through an automated verification system or letter.

The next letter in the envelope is 12 pages and includes my report. it seems to contradict the first letter and says:

"Dear brobins75,
Pursuant to section 611(a)(3)(A)of the fcra, We were unable to honor your request or a portion of it based on teh limited amount of information regarding your dispute. if you believe that an item on your report is inaccurate or incomplete, please provide specific information. Be sure to indicate the specific item you are disputing and explain why you believe the information is inaccurate, for example: not mine, paid in full, never late, included in bankruptcy, incorrect name, etc. if the status, a date, an amount, a balance, personal information is inaccurate," blah blah


So do i send them another letter, file ftc complaint, or should i attack it because of the bad address for the CA. remember the CA dispute was returned to sender after i sent my followup to EX. i fear EX will just update the address and say done...

i will hold off on the TU attack until you have a chance to look at the EX situation. when do i get your bill? i will not be late on that one!

Take a break for a few weeks, let the computer systems clear out all the duplicated disputes. Check your reports ( back door if you can) or get a new report by calling and requesting one be mailed due to the "fraud" alert.

As to MY "invoice"!!! Scroll to the bottom of my website for instructions.

#58 brobins75

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Posted 28 March 2012 - 11:45 AM

Ok will wait til april, but I still have one outstanding followup w EQ I will report back.

I have been holding off other non-hipaa type disputes until I completed these hipaa disputes. Would it be ok to continue w my attacks on these?

Thanks,

B

#59 Why Chat

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Posted 28 March 2012 - 01:23 PM

Ok will wait til april, but I still have one outstanding followup w EQ I will report back.

I have been holding off other non-hipaa type disputes until I completed these hipaa disputes. Would it be ok to continue w my attacks on these?

Thanks,

B

They will be "merged" in the CRA computer systems with your other disputes.

You can, if you wish send appropriate DVs to CAs even without disputing them.
http://www.whychat.5u.com/nottoca.html

#60 brobins75

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Posted 28 March 2012 - 02:28 PM


Ok will wait til april, but I still have one outstanding followup w EQ I will report back.

I have been holding off other non-hipaa type disputes until I completed these hipaa disputes. Would it be ok to continue w my attacks on these?

Thanks,

B

They will be "merged" in the CRA computer systems with your other disputes.

You can, if you wish send appropriate DVs to CAs even without disputing them.
http://www.whychat.5u.com/nottoca.html


Understood. I will decide on a method of attack and perhaps send out dv's.

Thanks!

#61 brobins75

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Posted 17 April 2012 - 12:25 PM

Ok WhyChat, I'm back.... per your advice, I have waited a few weeks to let all the duplicated disputes clear the "computers". I would like to start the next step as soon as possible. This is only one medical account and it is reporting on all three. To Recap:

1. TU has received the followup letter and declared this a FRIVOLOUS dispute and states they will not re-investigate. CA dispute delivered and no response. I left it at that.

2. EQ has received the followup letter and responded with a fraud alert and said they could not verify my ID and to resubmit the followup dispute. I resubmitted with Identification. Thats when i took the break per your advice. I didn't receive a written response from my re-followup with EQ. After a couple weeks,out of the blue i received an email asking me to click for online delivery of results which of course i did not.... so i checked the backdoor, and acct was under investigation, but simultaneously there was a new dispute for an unrelated account that was initiated that i did NOT request. So im uncertain which dispute the email was referring to, maybe both? No paper delivered to my house yet. The Med acct went out of dispute a few days later and it is still reporting. Nothing changed except "amount owed" and "status date 04/2012". The amount owed that gets reported, has gone up a dollar, twice in the past 2 months, I don't know if that means anything.

3. EX received the initial dispute which resulted in an "update" (nothing). I also simultaneously mailed the CA Dispute letter but it was eventually returned to sender due to a bad address. I inadvertently sent the followup letter to EX before the CA dispute letter was returned to sender. I have received no further response from EX except notice of fraud alert initiated by EQ. the tradeline is marked as "This item was updated from our processing of your dispute in Feb 2012". The amount owed has changed by $3. This may be the easiest to conquer if I can use the bad CA Address argument? THE CA ADDRESS IS STILL INCORRECT ON MY REPORT. I do have the original unopened letter, returned to sender.


Each CRA is getting reported from a different CA which are really the same CA with a dba. EQ= Syndicated, TU=Central Finance Control, and EX= Central Financial Control. Even if i get one deleted, i fear they will just play the shell game and re-report, if they can do that.

What do you recommend as my next step?

#62 Why Chat

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Posted 17 April 2012 - 05:04 PM

Ok WhyChat, I'm back.... per your advice, I have waited a few weeks to let all the duplicated disputes clear the "computers". I would like to start the next step as soon as possible. This is only one medical account and it is reporting on all three. To Recap:

1. TU has received the followup letter and declared this a FRIVOLOUS dispute and states they will not re-investigate. CA dispute delivered and no response. I left it at that.

2. EQ has received the followup letter and responded with a fraud alert and said they could not verify my ID and to resubmit the followup dispute. I resubmitted with Identification. Thats when i took the break per your advice. I didn't receive a written response from my re-followup with EQ. After a couple weeks,out of the blue i received an email asking me to click for online delivery of results which of course i did not.... so i checked the backdoor, and acct was under investigation, but simultaneously there was a new dispute for an unrelated account that was initiated that i did NOT request. So im uncertain which dispute the email was referring to, maybe both? No paper delivered to my house yet. The Med acct went out of dispute a few days later and it is still reporting. Nothing changed except "amount owed" and "status date 04/2012". The amount owed that gets reported, has gone up a dollar, twice in the past 2 months, I don't know if that means anything.

3. EX received the initial dispute which resulted in an "update" (nothing). I also simultaneously mailed the CA Dispute letter but it was eventually returned to sender due to a bad address. I inadvertently sent the followup letter to EX before the CA dispute letter was returned to sender. I have received no further response from EX except notice of fraud alert initiated by EQ. the tradeline is marked as "This item was updated from our processing of your dispute in Feb 2012". The amount owed has changed by $3. This may be the easiest to conquer if I can use the bad CA Address argument? THE CA ADDRESS IS STILL INCORRECT ON MY REPORT. I do have the original unopened letter, returned to sender.


Each CRA is getting reported from a different CA which are really the same CA with a dba. EQ= Syndicated, TU=Central Finance Control, and EX= Central Financial Control. Even if i get one deleted, i fear they will just play the shell game and re-report, if they can do that.

What do you recommend as my next step?

Try this:

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

You will have to edit it somewhat to describe exactly what has occurred, ie xxx reported on my report # xxxxx on xx/xx/xxxx deleted and re-inserted under an affiliate name of xxxx on xx/xx/xxxx

#63 brobins75

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Posted 18 April 2012 - 04:43 AM

But nothing was deleted nor reinserted. i guess im not clear in my writing. i know im confusing. Maybe i can work one CRA at a time. I will start with EX:

1. Sent initial EX dispute which resulted in an "update"
2. Sent MED DV to CA,, which was returned to sender as UNDELIVERABLE. I have the unopened cmrr letter.
3. Sent Followup dispute to EX by mistake. I should have disputed due to undeliverable address but i jumped the gun and sent(it's still reporting the incorrect ca address). I have received no response from EX to the followup letter.

So should I fight this based on the UNDELIVERABLE CA DISPUTE?

thanks WhyChat.

#64 brobins75

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Posted 18 April 2012 - 01:11 PM

WhyChat, more confusion here! can you please disregard the previous post and read this revision...

But nothing was deleted nor reinserted (referring to your last step, 2 posts up). i guess im not clear in my writing. i know im confusing. Maybe i can work one CRA at a time. I will start with EX:

1. Sent initial EX dispute which resulted in an "update". this is their first Verification of item.

2. Sent MED DV to CA,, which was returned to sender as UNDELIVERABLE. I have the unopened cmrr letter.

3. Sent Followup dispute to EX by mistake. I should have disputed due to undeliverable address but i jumped the gun and sent(it's still reporting the incorrect ca address).

4. I did receive a response from EX to the followup letter. but there were 2 distinct letters in one envelope. the first letter sates that they "have already investigated this information and the credit grantor has verified its accuracy" and they wont re-investigate. the second letter states they could not honor my request and they need more info and my ID.

so thats 3 responses from EX for only 2 dispute communications from me, an initial and a followup.

So should I fight this based on the UNDELIVERABLE CA DISPUTE?

thanks WhyChat.

#65 Why Chat

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Posted 18 April 2012 - 01:23 PM

WhyChat, more confusion here! can you please disregard the previous post and read this revision...

But nothing was deleted nor reinserted (referring to your last step, 2 posts up). i guess im not clear in my writing. i know im confusing. Maybe i can work one CRA at a time. I will start with EX:

1. Sent initial EX dispute which resulted in an "update". this is their first Verification of item.

2. Sent MED DV to CA,, which was returned to sender as UNDELIVERABLE. I have the unopened cmrr letter.

3. Sent Followup dispute to EX by mistake. I should have disputed due to undeliverable address but i jumped the gun and sent(it's still reporting the incorrect ca address).

4. I did receive a response from EX to the followup letter. but there were 2 distinct letters in one envelope. the first letter sates that they "have already investigated this information and the credit grantor has verified its accuracy" and they wont re-investigate. the second letter states they could not honor my request and they need more info and my ID.

so thats 3 responses from EX for only 2 dispute communications from me, an initial and a followup.

So should I fight this based on the UNDELIVERABLE CA DISPUTE?

thanks WhyChat.

Have you received a response yet from your re-dispute??
http://www.whychat.5...aa.html#DISPUTE

If not, file an FTC complaint based on the lack of response, AND that they provided an incorrect address for the CA
http://www.whychat.5...paaftccomp.html

#66 brobins75

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Posted 18 April 2012 - 04:33 PM


WhyChat, more confusion here! can you please disregard the previous post and read this revision...

But nothing was deleted nor reinserted (referring to your last step, 2 posts up). i guess im not clear in my writing. i know im confusing. Maybe i can work one CRA at a time. I will start with EX:

1. Sent initial EX dispute which resulted in an "update". this is their first Verification of item.

2. Sent MED DV to CA,, which was returned to sender as UNDELIVERABLE. I have the unopened cmrr letter.

3. Sent Followup dispute to EX by mistake. I should have disputed due to undeliverable address but i jumped the gun and sent(it's still reporting the incorrect ca address).

4. I did receive a response from EX to the followup letter. but there were 2 distinct letters in one envelope. the first letter sates that they "have already investigated this information and the credit grantor has verified its accuracy" and they wont re-investigate. the second letter states they could not honor my request and they need more info and my ID.

so thats 3 responses from EX for only 2 dispute communications from me, an initial and a followup.

So should I fight this based on the UNDELIVERABLE CA DISPUTE?

thanks WhyChat.

Have you received a response yet from your re-dispute?? YES. SEE ABOVE. They responded that they already verified and would not redispute. Also sent another letter in same envelope stating they need more info and ID
http://www.whychat.5...aa.html#DISPUTE

If not, file an FTC complaint based on the lack of response, AND that they provided an incorrect address for the CA. They did respond. and stated they already verified. but the CA was a bad address.
http://www.whychat.5...paaftccomp.html



#67 brobins75

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Posted 20 April 2012 - 05:39 AM

Bump,

Just answer me this and i will figure it out. Can I get a delete based only on the fact that EX is providing me with the incorrect CA address? they verified and told me to contact CA. I sent CA DV without registered, just certified as in "no signature" required. and it was returned as undeliverable.

thanks

#68 brobins75

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Posted 23 April 2012 - 10:27 AM

Bump,

Just answer me this and i will figure it out. Can I get a delete based only on the fact that EX is providing me with the incorrect CA address? they verified and told me to contact CA. I sent CA DV without registered, just certified as in "no signature" required. and it was returned as undeliverable.

thanks


one more bump before i throw my hands up...

thanks

#69 brobins75

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Posted 23 April 2012 - 10:28 AM

one more bump before i throw my hands up...

thanks

#70 Why Chat

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Posted 23 April 2012 - 02:22 PM

one more bump before i throw my hands up...

thanks

If you filed an FTC complaint against them for not providing a correct address, and sent a copy of the complaint to them with the cover letter stating you reserve the right to take civil action against them, then yes, it is possible you might get some results.

#71 brobins75

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Posted 08 May 2012 - 11:49 AM


one more bump before i throw my hands up...

thanks

If you filed an FTC complaint against them for not providing a correct address, and sent a copy of the complaint to them with the cover letter stating you reserve the right to take civil action against them, then yes, it is possible you might get some results.



WhyChat,

sometime between the last time Experian refused to re-dispute, and Today, my ex report has been updated my report with a new address for this CA (i assume it is now the correct address). I submitted FTC dispute several days ago, and have not checked report, but i believe the addy change came after FTC complaint. But I have not mailed the followup Dispute w copy of FTC complaint to EX, i just got around to typing it today. Is it useless at this point? The fact remains, at the time of my disputes this contact info was incorrect and resulted in a return to sender from ca. And Experian verified it with incorrect contact info. tricky ba$tards surely have some loophole, this is their game and i stink at it.

#72 Why Chat

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Posted 09 May 2012 - 11:42 AM



one more bump before i throw my hands up...

thanks

If you filed an FTC complaint against them for not providing a correct address, and sent a copy of the complaint to them with the cover letter stating you reserve the right to take civil action against them, then yes, it is possible you might get some results.



WhyChat,

sometime between the last time Experian refused to re-dispute, and Today, my ex report has been updated my report with a new address for this CA (i assume it is now the correct address). I submitted FTC dispute several days ago, and have not checked report, but i believe the addy change came after FTC complaint. But I have not mailed the followup Dispute w copy of FTC complaint to EX, i just got around to typing it today. Is it useless at this point? The fact remains, at the time of my disputes this contact info was incorrect and resulted in a return to sender from ca. And Experian verified it with incorrect contact info. tricky ba$tards surely have some loophole, this is their game and i stink at it.

Resend the medical DV to the correct address, send it certified only WITHOUT the return receipt.

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

As soon as you can pull up proof of receipt ( PO website) send Ex a combo letter:
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),to their correct address as changed on my report # xxxx of x/xx/xxxx, as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had no valid response.

Please advise me as to the name and address of the health care provider, the name of the patient, and the reported date of service,as any account I might have had at one time would be obsolete.

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

I have filed an FTC complaint against you based on your refusal to properly investigate and your furnishing of an incorrect address, ( copy enclosed)
If you are unable to verify and refuse to delete, I will be filing additional appropriate complaints against you with 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


#73 brobins75

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Posted 10 May 2012 - 11:22 AM




one more bump before i throw my hands up...

thanks

If you filed an FTC complaint against them for not providing a correct address, and sent a copy of the complaint to them with the cover letter stating you reserve the right to take civil action against them, then yes, it is possible you might get some results.



WhyChat,

sometime between the last time Experian refused to re-dispute, and Today, my ex report has been updated my report with a new address for this CA (i assume it is now the correct address). I submitted FTC dispute several days ago, and have not checked report, but i believe the addy change came after FTC complaint. But I have not mailed the followup Dispute w copy of FTC complaint to EX, i just got around to typing it today. Is it useless at this point? The fact remains, at the time of my disputes this contact info was incorrect and resulted in a return to sender from ca. And Experian verified it with incorrect contact info. tricky ba$tards surely have some loophole, this is their game and i stink at it.

Resend the medical DV to the correct address, send it certified only WITHOUT the return receipt.

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

As soon as you can pull up proof of receipt ( PO website) send Ex a combo letter:
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),to their correct address as changed on my report # xxxx of x/xx/xxxx, as per your instructions in your response of xx/xx/xxxx to my dispute of xx/xx/xxxx and have had no valid response.

Please advise me as to the name and address of the health care provider, the name of the patient, and the reported date of service,as any account I might have had at one time would be obsolete.

If you can obtain this information, I also would need the name of the person providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies.

I have filed an FTC complaint against you based on your refusal to properly investigate and your furnishing of an incorrect address, ( copy enclosed)
If you are unable to verify and refuse to delete, I will be filing additional appropriate complaints against you with 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




AWESOME. That makes perfect sense. Duh. why didnt i think of that? thats why u da man i guess!

Ok, while im waiting on that, I want to resume the battle with Equifax. Im not at home at the moment, but i DONT believe EQ ever responded to my Followup dispute which i had to resubmit due to them placing a fraud alert on me.

I resent the below letter with copies of ID, and that was when you said to take a break. I never got their response to this letter, and i have delivery confirmation.

But i just realized what they did (literally just now figured it out). Perhaps this can be used to my advantage? Notice the red highlight in my letter. I used a copy of my Student Loan bill as part of my ID proof. Well i believe their Damn computer read the letter and picked up on that student loan and disputed it instead of the medical account like i wanted. I know they did, a few post's up, i complained that my student loan was mysteriously in dispute. i just figured this out right now. very confusing. Since they made a mistake and didn't respond to my real dispute, can this fact be useful?


03/26/2012
ME
My house
somewhere, 90210

Equifax Information Services, LLC
P.O. Box 105069
Atlanta, GA 30348-5069

Dear Equifax,

PER REQUEST IN YOUR LETTER DATED MARCH 16, 2012, I AM RESUBMITTING THE FOLLOWING REQUEST (ORIGINAL REQUEST SENT CERTIFIED MAIL RETURN RECEIPT # xxxxxxxxxxxxxxxxxx), THE REQUESTED INFORMATION (IDENTITY VERIFICATION), AND YOUR MARCH 16TH LETTER. PLEASE SEE THE ENCLOSED COPY OF MY DRIVERS LICENSE, SOCIAL SECURITY CARD, AND A COPY OF A STATEMENT FROM THE U.S. DEPT OF EDUCATION, AS VERIFICATION OF MY IDENTITY. I HAVE ALSO ENCLOSED A FULL COPY OF MY ORIGINAL REQUEST WHICH HAS GONE UNANSWERED, INCLUDING THE BELOW REFERENCED DOCUMENTS.

My name is mickey mouse; my SS # is 444-55-6666. I am sending this dispute certified mail return receipt # xxxxxxxxxxxxxxxx to make sure you receive it.

This is a dispute of account information on my credit report # xxxxxxxxxx (copy enclosed).

Please re-investigate the following disputed account on my credit report:

Syndicated Office Systems account # xxxxxxxxx

Please furnish me with verification that Syndicated Office Systems is reporting this account from MY MEDICAL CENTER xxx for $10000000.00 in my name.

I require the identification of the reporting party, their correct address and the date of their verification.

Please be advised that this request is being made in accordance with the requirements of the FCRA and FACTA and the privacy rules of the HIPAA and anarctica's Medical Privacy Act. Please be advised that you are subject to the penalty rules of the HITECH Act as issued 11/30/2009.

This is my second request for deletion of these unknown accounts. I reserve the right to file complaints against you with the FTC and ant Attorney General and to take action to recover damages.

Sincerely,


mickey mouse




so what do you think i should do?

#74 Why Chat

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Posted 10 May 2012 - 02:12 PM

The instructions for deleting old addresses, or proving your identity were, I thought, VERY CLEAR!!
A copy of your drivers license
A copy of your SS card
An ORIGINAL recent utility bill.

Sending your student loan data, which was already an item on your report caused your current problem.

You need to STOP doing extraneous stuff and slow down and focus on one thing at a time.

Wait until your latest round of letters has run its course before doing anything else.

Edited by Why Chat, 10 May 2012 - 02:12 PM.


#75 brobins75

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Posted 10 May 2012 - 06:20 PM

Yes, I understand what happened now. However, I sent this copy of student loan displaying my address , in lieu of a bill, as I do not have other bills in my name. Is the average joe supposed to know the inner workings of the cra's computer systems? I do see my mistake now, but why am I supposed to know that a computer is going to read this $hit and screw me up? As a simple consumer/credit user, I believed a human or similar would read my letter, I was never advised otherwise. My student loan is proof of my address...

I mean, my letter clearly states I was disputing the med acct, not the student loan. Does the computer system only read letters til it finds a match w the first acct it encounters. That's pretty flawed. What if my identifying "utility" bill was also a bad tradeline? Would cra stop reading and dispute the utility? That seems stupid. They didn't send a letter or write a law explaining how there computers work, did I miss it?!?

Anyway, everything has long since cleared EQ. This is OLD news. What action do suggest for EQ now? My simultaneous effort is w EX, although it is the same bad debt, it is with a different ca and I am handling separately.

I feel like I am getting close w all of this. I feel 60/40, my favor.

Thx




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