aerospace10

I just pulled my report recently from truecredit. I disputes came back around january 1st. So far, I have done the following I have opted out, deleted old addresses sent the medical dispute letter to the CRA's I received verification from the reporting CA in response to the dispute letter that confirmed they were in current communication with the OC I paid the OC with the HIPAA letter insert "a" with money order with restrictive endorsement. I sent the follow up dispute to the CRA with a copy to the OC and the cover letter I received no response, except that the account is now showing as a paid account I sent the courtesy letter, and no response. I filed a Hippa complaint with the OCR to health human services I have filed a complaint with the FTC with all CRA's with a letter saying I reserve the right to to take further action to recover for damages caused by their noncompliance with and violations of the FCRA and FACTA. Sent a copy of the letter to each cra. Experian was the only one that deleted, but TU and EQ wont budge or delete. I called and they still remain on my reports as previously disputed. I am not sure what to do now in this situation?

Hello Whychat, I have checked my reports and the items are properly marked as disputed. Can you tell me how I would file an OCR complaint against the reporting CA, the CRA's and the OC? Thanks Alot

Hello why chat , I followed your advice above and filed a dispute with the FTC. And I also sent a copy of the filed complaint to each CRA along with a short letter that says that I reserve the right to take further action to recover for damages caused by their noncompliance, and sent it to the compliance department. I received a response from experian and they deleted. I was totally amazed. This was the last CRA that I would have expected to have deleted. However I received responses from TU and EQ saying that the item was previously disputed and will remain on my report. Looks like they arent going to budge. What would be the next step I would take to get them to delete? Thanks

hello whychat, I sent the medical DV letter to the CA, and after their receipt I sent the dispute letters to the CRA's all in the same envolope. It has been past 30 days and I have had no response from the CA about this debt. All three CRA's responded to my letters with a friviluous previously disputed claim, and now they put a fraud alert on my reports. Im not sure what any of my other options are as far as getting this account removed. It still remains on my credit reports as a paid collection with a zero balance. What should I do at this point?

Hi whychat. Im not sure what you meant when you said this Send the reporting CA this;( 1 letter for each CRA all in the same CMRR envelope) http://whychat.5u.com/ltrcavalhipaa.html#PAID As soon as you have proof of their receipt, send this to the CRA's http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE 1 letter to each CRA all in the same CMRR envelope? All three cras have different mailing addresses so I would have to send three different CMRR letters, one to EX, TU and EQ? Thanks

hello whychat, thanks for your response. I did actually follow the whole process from in the beginning opting out and deleting old addresses and sending all the letters out explained above except I have not filed a complaint with the ocr yet. I made sure got a bank money order and copied it, front and back, and sent it in with insert A. I even went so far as to get a copy of the cashed money order from the bank, a photocopy of the money order which shows the OC endorsement on the back and everything. I even put restrictive endorsement on it too. I never got any response from sending the follow up letter to the OC.So I sent the courtesy letter, and the OC wanted me to call them, so I did, the ladyfrom the OC said she spoke with the collections agency about this, so I know they are in current communication. I stressed to her I wanted complete removal of this from my credit report. It is still on my report and it shows as paid. The lady said if I wanted this removed that I must speak with the collections agency. But I am afraid to do this because you said by contacting the collections that it could nullify the whole hipaa process. So at this point I have done everything except file a complaint with the OCR. That is the point I am at now. So should I go ahead and file the complaint now? And if so, after filing the complaint and it still doesnt get removed, then what should I do then to get it removed? Thanks For your help.

bump. Anyone?

Hello, I have studied and followed the entire hippa process exactly as explained in the forums to try and get a med collection removed. So far it is reported as paid only zero balance but still remains. When I sent the follow up hippa letter to the OC, I got no response. So I sent a courtesy letter to them explaining I would file a complaint with the OCR. So in response to that they left a message on my machine to call them. I thought this would be a good thing. I gave them a call and the person told me that they have been in contact with the CA , and the CA told them it has been reported as paid in full (which is true I checked my report). The person said wether or not the collection has been completely removed, they said they were unsure, and claimed they really didnt know how the process worked. I emphasized that I wanted the collection completely removed as it is a violation of Hipaa rules to have a paid collection remain on an account as it has no business purpose there. Again the person said that I would have to contact the CA if I wanted to get this completely removed. (yeah right, like the CA will just remove it if I ask them right?) Im wondering what I should do at this point, they didnt really seem too concerned that I was about to file a complaint. I am going to follow through with the complaint. But what should I do at this point.? SHould I write a letter to the CA telling them if it is not removed I will file a complaint against the reporting OC? I dont know if they will care or not but its worth a try? Any suggestions I would appreciate it, thanks.

Thanks for your response whychat. I received a letter from an attourneys office regarding this issue about the pre hipaa letter I sent to them. This is an interesting letter, here is a copy of the letter as follows. Dear Sir, On behalf of OC hospital, I am responding to your letter regarding your recent payments for medical care rendered to you in 2004. History- OC hospital received your payments on April 2008, approximately three and one-half years after the care and treatment rendered. After (6) attempts to obtain payment from you directly between the dates of 2004-2005, the collection process was initiated against you in xx of 2005. Health Care Privacy Statutes- Please be advised that the Health Insurance Portability and Accountability Act (HIPPA), 45CFR 164.501, permits the use of protected health information Without Authorization for "treatment, payment and healthcare operations." "Payment" is defined to specifically include billing and collection activities. Therefore, OC hospital is specifically permitted by law to use your protected health information to obtain payment for services rendered to you, either by billing you or by sharing your information with a collection agency. No authorization is necessary for OC hospital to seek payment for treating you. Additionally, any sharing of your information with counsel in this collection process is absolutely permissible as a matter of payment and healthcare operations. As there is no law in your state entitled the State Privacy Act or "Your States" Medical Privacy Statute(s), I assume you are referring to 22 M.R.S.A. ~1711© (referring to confidentiality of medical records.) Please note that under section 6 of the statute entitled "Confidentiality of Health Care Information" subsection (L)(2) specifically permits the disclosure of health care information without authorization for "[a]ctivities undertaken to obtain payment for health care provided to an individual." Therefore, OC hospital's attempt to obtain payment for health care services it provided to you in 2004 is permitted under State law. Collections and Consumer Reporting- Your reference to FACTA and FCRA,-correctly U.S.C.~1681s-2 (a)(1)(A), the language of which appears under Section ~623, Duty of furnishers of information to consumer reporting agencies, ) is inappropriate in this context. OC hospital correctly referred your delinquent matter to XXXX CA, a collection agency,.not a consumer reporting agency, after you failed to pay for medical care it rendered to you in 2004. Any subsequent report by XXXX Ca to a consumer reporting agency upon your failure to pay a debt is not for OC hospital to address. You are within your rights to contact the consumer reporting agency directly regarding your concern. Your insistence that OC hospital, A) require XXXX Ca to Purge its records, or B ) Somehow "delete" your accounts from the files of any consumer reporting agency to which XXXX Ca may have forwarded your information, is unsupported by legal authority. Additionally, you have presented no documentation or information demonstrating that the actions of OC hospital were anything but legally permissible and accurate. Finally you offer no basis for your assertion that only OC hospital may cash your recent and Much Delayed payment. That determination is governed by contract between OC hospital and XXXX Ca. Your belief that such a transaction is governed by HIPAA or another health care privacy law is unfounded. Please note that OC hospital will update the XXXX Ca regarding payment of your debt. In sum, OC hospital has acted entirely within its rights in the use and disclosure of your information to seek payment for care rendered in 2004, and it may continue to process your much delayed payment as permitted by law. Additionally , where OC hospital provided accurate information regarding your debt to a collection agency, it is under no obligation , nor is it the appropriate party, to act on your behalf in your attempt to clear your credit record. Thanks for your attention. xxxx P.A. --This letter took me by suprise. I have not sent the follow up letter to the OC and the CRA's yet because I was waiting for the OC to cash the money order before I did that. As of today they havent cashed the money order but I imagine they will soon now that they have consulted their attourneys and found that it was safe to cash. How should I proceed now with this issue? I am all riled up after reading this letter. But I am still keeping a posetive attitude that I can get through this Thanks for any help!!

Hello, I had several federal student loans that I consolidated with citibank totalling 30,000. New york State higher education services(NYSHESC) was the original guarantor of the loans. When the loans were with citibank I defaulted on the loans and they are reported by citibank on my credit report as collection account. They show a zero balance with citibank because the loans got sent back to the guarantor of the loan, NYSHESC and are now being reported on my credit report by them as a separate account. Through some valiant effort I got citibank to remove the default reporting status of the loans to show as paid as agreed. I consolidated my loans from NYSHESC to Direct Loans. The problem is the loan is being reported by NYSHESC as paid collection/chargoff. I called and asked them if they would be willing to make a goodwill gesture and change the payment status to paid as agreed since after consolidation with direct loans I have been making good ontime payments. They told me that they report the loan as a zero balance and it is up to the CRA's on how they report it. This sounds kind of odd, you think they would have the authority so say how it should be reported, yet they told me they cant? So my question is that is there anything I can do to get this default reporting removed? I think I read somewhere that if you have federal loans and that if you consolidated and your loans have been rehabbed that the last person that had your loan must either delete the listing or show paid as agreed. Is this true? I really didnt officially complete rehab, I just consolidated them from NYSHESC to direct loans. I would really like to get this removed because this 30,000 loan is showing on my CR three times and its putting my debt to income ratio through the roof!!!Any help or ideas would be appreciated, Thanks.

I have sent a hospital a money order with restrictive endorsement along with hippa letter insert A and I made a copy of front and back. It was sent CMRRR and I received the greencard back and I am waiting on them to cash the money order before I send out the follow up letter to the OC and the CRA's. The hospital received my payment on 4-24-08 and they have not cashed it yet. I am kind of anxious to get the process rolling, is it really necessary for me to wait for the hospital to cash the money order before I send the follow up letter to the CRA's and the hospital? What happens if the hospital doesnt cash it? Should I call the hospital and inquire on the status? Something else that is strange is that I got the greencard back, but there was no signature on the card. Im pretty sure the hospital must have gotten it, its a major hospital and was mailed to the correct address. Any suggestions? Thanks!

I was able to settle with slm on the principal amt on a private loan. I tried to settle with them directly, they wouldnt talk to me and directed me to the CA. I had to negotiate with the CA. If this is a private loan and you do this, make sure you get everything in writing from the CA about payment terms. But as lynn was saying, if its fed backed, this wont be an option, your only choice is to get your loans rehabbed by making 8 ontime payments. Then after that , refinance the loan through someone else for a better interest rate. Slm rates are robbery.

An interesting question, I had a hospital visit 3 years ago. Back at the time I just signed up for health insurance and 3 weeks later I went to the hospital. A collections from this visit is showing up on my credit report. So I after speaking with both the hospital and insurance company, what happened is when the hospital filed an insurance claim for my visit, I wasnt into the insurance companies computer system so nothing came back to the hospital and were not paid. The insurance company has record of the hospital filing a claim, but nothing was done on the insurance companys part. They are currently investigating the issue, I technically had coverage at the time so this is really the insurance companies fault and I technically should be covered. The insurance company is looking into this right now to get this paid and Im hoping they will. I have a few questions though, it looks like I cannot use insert B of the hippa process, because in that process it says "because it wasnt filed in a timely manner"But im assuming this only pertains to the hospital not filing with the insurance in a timely manner, which infact was not the case. So if the insurance company comes to a decision that they will pay this, then they will pay the hospital, but I am assuming it will still show as paid collections on my report. I told the hospital to resubmit the claim but they refuse to, and they blame me for not taking care of it because they said they sent notices about being delinquent which I never received. So if my insurance company pays this Im assuming it will show as paid collection. So in this instance, I wont have a photocopy of a money order with restrictive endorsement as instructed to do in insert C. So what will my options be to get this off my credit report? If the insurance company pays this can I still send a hippa letter to them asking them to remove it? with insert C? Thanks in advance for any advice!

Hello, when using the hippa method to dispute an item on your credit report, is it necessary to send the pre-hippa letter out to all three CRA's or just one. For instance, if you sent the pre hippa letter to just one cra to verify, they verified so then you send the OC a money order with insert A, they cash it then you send the letter to the legal department asking them to remove it ,would this take care of all three CRAs or just one?

Help! I decided to dispute this over the phone with a live person at experian. I have a student loan with Sallie Mae for $5500 that was transferred when I consolidated. The loan is showing twice on my experian report. One account shows opened April 2001, the other shows August of 2000. (It is the same loan) The status shows as "Transferred, Closed, 90 days past due." on both accounts I confirmed with the rep on the phone that it is the same loan account on there twice and she said yes it was, so I asked for removal. She said she couldnt remove it. I asked why, and then she gave me some BS story about how loan companies will report to them sometimes each semester, and thats why it shows on there twice, because they reported it twice. (well if they want to do that, fine but just update the date on the first reported loan!!! ) I argued that this is innaccurate information because by looking at the report it looks as if I have two different loans on there instead of one that was transferred when late. She wouldnt listen and wouldnt delete. She then told me that these loans arent hurting my score at all. (Well then why are they listed under the section,"Potentially negative items?" ) The CRA's are definitely in bed with the banks, the lower someones credit score, the higher interest rate is made off loans, someone is getting kickbacks. What should I do?