autox911s

Update. The hearing was today. The CA had the cashiers check that we sent to the OC along with the hipaa letter. The attorney read this letter aloud. Both the judge and the attorneys giggled and called it "internet misinformation mumbo jumbo". The judge stated that once a lawsuit has started, the debt is property of the CA and we can no longer pay the OC. The judge had us sign the cashiers check over to the CA and we now owe for additional attorney fees. No, and bring ONLY the copy of the FRONT of the money order. You need only to prove that the account was paid.

Thanks for the reply WhyChat Yes, I do have a copy of the money order as well as the CMRR receipt. Should I bring the HIPAA letter that I gave to the OC, or will the court not care about that?

Update/requesting advise. One CA that received my Medical DV did respond (same CA as discussed above). I sent the HIPAA letter to the OC with a cashiers check for the full amount. It was sent CMRR and I have the return receipt. Within a week, the CA's started responded a lawsuit. The OC has not cashed the cashiers check (about 4 weeks now), nor have they replied to me. I called them and they are claiming they cannot find my information, yet the papers I received the other day from the CA requesting a court date shows has a statement from the OC. The OC's statement was dated after receiving my HIPAA letter and cashiers check, it made no mention to communication from me. I have a couple weeks till the hearing date. I would like to submit something to the court in my defense.

The "confirmation" I received was an account itemization from the CA with documentation from the OC listing all the charges. It does not prove that the CA owns the debt, but it shows that they do have accurate info about my relationship with the OC in regards to the charges. This was "turned over" to the CA Sept of this year. We had been making payments to the OC prior to this. The itemization shows all my charges, my previous payments to the OC, date transferred to the CA. I disputed this account with the CRA's, this "confirmation" from the CA was in response to the CRA's investigation, not a Medical DV from me. The response does not state that it is in response to the investigation. The timing and the amount of info leads me to believe that it is because of the investigation. I have the full amount of the bill available to pay to the OC and would like to take care of that with the HIPAA letter, that is unless you (whychat) feel I need to still Medical DV the CA. I will also prepare the Medical DV to all the other accounts that were verified by the CRA and reporting as Paid. Before I contact the CRA's for reinvestigation, I should have all responses from the CA on the paid accounts as well as the responses from the HIPAA letters to the OC with bills paid/verified, correct? In response to my statement as taking forever.... Yes, it took quite some time to put ourselves in this mess. It is more of a patience issue on my part. I started this process in early Sept for both my wife and I with opting out, deleting old addresses, disputing the Medical accounts, waiting for the responses. I have every intention to doing this the proper way and hanging in there until it is done, and not letting it happen again. I know that persistence and patience pays off. I had an chexsystems glitch with BofA that I cleared up just recently. I really do appreciate all the help here. Thank you again WhyChat!

Wow, this seems like it is taking forever. I am doing this process for both my wife and myself, so it is a lot of labor. We have received all but my EQ response. The EQ site says that the investigation is complete and mailed on Dec 1st. I am sure it will appear any day. I have a medical DV from one CA and it is valid and within SOL. I have prepared the HIPAA letter to the OC and will send it out Monday. This letter with insert (a) seems straight forward. (this account is not on the response I am waiting for from EQ) I have prepared two other letters to the other two accounts (waiting on that last response from EQ). I have a question on the Medical DV letters. The template says to make a letter for each CRA that is reporting. Only one CRA is reporting these two accounts, do I need to make a reference to the CRA and the reported account numbers in the medical DV letter or am I just trying to get them to prove the relationship? The initial deletions went well with TU, they deleted all but the one that is owing and I believe they missed one. I will resubmit that missed one with the next round. EX refused the letter due to the fraud alert. I called in to find out what the problem was, the person on the phone offered to take my dispute on the phone. The put medical/HIPAA on the two accounts. This was the same issue for my wife, yet they would not do anything on the phone. My letter two them was a lavender colored page with handwriting font.. Very "pretty". Any thoughts on this? EQ only deleted two accounts.. Verified all the others that are 'Paid'. Do I need to send the Medical DV to these 'Paid' account CA's? Then HIPAA letter to the OC with insert (? I hope that all makes sense.

Today I receive my updated report from ChexSystems that is CLEAN!!!!!!! I also received a letter from my states Attorney General with a ChexSystems letter attached confirming the deletion of the negative entry. I have not heard back from the Minnesota A.G., but if I do, I am sure it will further confirm the deletion. The OCC is waiting for a response from me to continue their investigation. Since the problem has been fixed, I will not need them to pursue the issue any further. It appears that the letter's to the AG's and the OCC did not help in this matter, but were there in case I needed to take this matter to court. Using MCA's letter program, keeping my paper trail organized, and working with a BofA branch manager is what worked for me. I now have a 1" thick stack of documents to hang on to in case this issue resurfaces in the future. I hope my experience and SUCCESS helps others in a similar situation. Thank you MCA for all your help!

I called ChexSystems today and they verified that the Entry from BofA "Account Abuse" was removed. They are sending me a updated report. FYI, I was able to open a new account with BECU today! Must be a good sign.

Another update... I received a call today from BofA's escalation department. They apologized for the "bank error" and said that they removed the error from ChexSystems. They said I can call ChexSystems tomorrow and request a copy of my report. I am still waiting for a reply from the AG's. I did get a response from the OCC, they need the name of the bank to continue with their investigation, I have 30 days to respond to them or they will consider the issue closed. Things look promising. I will call ChexSystems tomorrow to see if I can get a new "updated" report. I will check back with any news.

Thanks WhyChat for the quick reply. The date of service was April of 2010 and the amounts are accurate. I will wait for the response from the CRA's before proceeding. There should be 2 more accounts of similar age that have an amount owing. As for the judgement, I will look into what you mentioned. I will leave the "typo" on the credit reports until I have done what I can, then if it is not removed from the reports, I can try to get it removed for false reporting...maybe. I will check back in when I hear from the CRA's

I have been monitoring these boards for a few months now. Lots of very good information. Now it is my turn. It has been what seems like a long wait, but I have opted out and deleted my old addresses. I have sent the pre-HIPAA letters CM to the 3 main 3 CRA's for both my wife and myself. (very busy/colorful letterhead with a handwriting font) We are still waiting response, only been about 15 days+/- since they received the letters. One of the CA's must have received the request for validation from a CRA because we received a call and a Account Itemization letter yesterday. The question I have is does this letter count as a response for a Medical DV or should I send them a letter? (Waiting for the CRA response first) The amount in question is valid, I have no problem paying the OC with WhyChat's letter with insert A. Another question, on my wife's credit report is a collection account that states medical (probably because it is with "Physicians & Dentists" collection agency), but it is from a Divorce attorney. This is a bigger issue than just stating Medical and actually being Divorce related, but wonder if the HIPAA process needs to be done with them. The other part of the issue is that it went to court and they got a judgement against my wife and are garnishing wages. It is not reported as a judgement. My wife did not receive served paperwork, did not attend court because of this and has not received any other paperwork since (she thought the garnishment was something else). I am going to help her tackle this after the HIPAA process is complete. Just looking for some input on this as well, I know this is not the proper section in the Forum, but with it reporting as Medical, it has a small place here. We are going to request all the documents from the courts and do somemore research as how to handle this. The court clerk said we can write the judge explaining the circumstances, possibly asking to stop the garnishments and ask for another trial. I would rather do a similar "insert A" to the OC and attack them that way. Any help/input on these issues would be greatly appreciated.

Update... A few days after my last post, I received another letter from ChexSystems responding to my intent to sue letter that was CC'd to just about everyone. They stated that in their Oct 5th letter (yet the letter was dated the 4th, which took 10 days to get to me..), that everything has been updated and that if I have further issues, I should contact BofA myself.. They still have not provided me with proof or with the contact info of the person at BofA that did the investigation. I have received a response from both my state and ChexSystems state Attorney General. It was nice to see that the letters are written for my and my situation and not just some generic letter. I did go into the bank today and spent almost 2 hours there. Finally met with the branch manager and she put in an elevated claim to BofA's recovery department asking to remove this entry. She said that she should hear back within 24-48 hours and will call me with the results. She said that she will try to clear this up for me. I hope so. I am costing their bank more money than it is worth by using up their staff's time. I guess I just wait now. See what the bank manager comes up with. If that fails, then I wait for the response from the Attorney General(s) to see if I need to head to small claims.

Sparky in CA... Would that make you an Electrician? If so, that would make me Sparky in WA.. I will definitely post my progress here.

Another update. I received a letter today from ChexSystems stating that their investigation is complete. They added paid in full to the report. The letter was dated on what would have been day 15 for the response to my second dispute. Funny thing though, the letter is dated the 4th, yet it took 10 day to get from Minnesota to Washington State. Hmmm. I went to the bank to either get a letter from the Manager to remove the inaccurate info or I was going to close out the account and continue on the legal path. The manager did a chexsystem search with my SSN, the record was clean.. including the inqueries. She did print off what she had, so I have that for my records now. Everyone (see previous post) would have received my intent to sue letter after this letter was dated (I am sure the date on their letter was manipulated). I wonder if my letters combined with the AG following up made this go away. I will just have to wait and keep checking the mail to see if I get a new copy of my report....

Update.... I sent a no response letter to ChexSystems. I also CC'd the OCC, My state's Attorney General, and the Attorney General for Minnesota (ChexSystems state). I received a letter today from my attorney general stating that they have received my complaint and that they have requested a response from ChexSystems and DPPS (not sure who this is yet). They gave them 21 days to respond. I also sent a letter to BofA's corporate HQ as well as the Branch where I opened the account informing them of the dispute and "demanded" removal of the inaccurate information. I still have not provided my proof of payment for this account. Gonna hold on to that one. I believe their "investigations" should find that this information is inaccurate, even though it has been "verified"

Okay, today is day 15 and there is no response from ChexSystems. I am drafting the letter 3 "no response" letter. I will CC both the MN and WA attorney general's. Do I just CC Bank of America, or a particular department/person? Do I need to mention "account abuse" again and should I mention that this is the third letter for this issue? I assume I am actually sending this letter to all parties CC. I would like to send this out tonight, but I can send it in the morning if need be. Do I also send the bank letter 4 now(possibly with the CC'd no response letter), or do I wait for a response since just about everyone is getting CC'd. Thank you MCA for all your help!