Confused....

[brookesmommy2006]

I'm sorry to be such a PAIN IN THE A**. Quick question: I deleted old addresses and received my Experian report and it states "We have completed the processing of your Dispute. Here are the Results: Residence- Deleted"- but after reviewing the credit report that I received in the main- it looks the same- no addresses are deleted off this one. How do I know if they were truly deleted??

[Why Chat]

If the disputed addresses are still showing on your Experian report and all your other reports have properly deleted the disputed addresses then go ahead with your initial dispute.

 

Experian is infamous for either NOT responding at all to disputes or, as in your case completely botching up their responses.

[brookesmommy2006]

This is what it says as of this morning:

Product & Tracking Information

Postal Product:

• First-Class Mail®
  

Features:

• Certified Mail™
  

DATE & TIME

STATUS OF ITEM

LOCATION

March 1, 2014 , 11:18 am

Notice Left (Business Closed)

CHESTER, PA 19013

March 1, 2014 , 10:18 am

Out for Delivery

CHESTER, PA 19013

March 1, 2014 , 10:08 am

Sorting Complete

CHESTER, PA 19013

March 1, 2014 , 9:53 am

Arrival at Unit

CHESTER, PA 19013

March 1, 2014 , 3:25 am

Processed through USPS Sort Facility

PHILADELPHIA, PA 19176

February 28, 2014

Depart USPS Sort Facility

PHILADELPHIA, PA 19176

February 28, 2014 , 8:35 pm

Processed through USPS Sort Facility

PHILADELPHIA, PA 19176

February 26, 2014

Depart USPS Sort Facility

ALBANY, NY 12288

February 26, 2014 , 12:22 am

Processed at USPS Origin Sort Facility

ALBANY, NY 12288

February 25, 2014 , 9:18 pm

Processed at USPS Origin Sort Facility

ALBANY, NY 12288

February 25, 2014 , 5:17 pm

Dispatched to Sort Facility

GLENS FALLS, NY 12801

February 25, 2014 , 1:56 pm

Acceptance

GLENS FALLS, NY 12801

[Why Chat]

I don't understand your post. What letter are you referring to in the tracking data??What CRA has an address in Chester Pa.??If it was mailed to a street address for their business office and they were closed on weekends, then the letter will be redelivered today. Did you send it with "proof of delivery"??

Edited March 4, 2014 by Why Chat

[brookesmommy2006]

TransUnion is where I am trying to send the letter. I sent it Certified mail ONLY no RR. Here is the address from their website:

 

Mail:

By mailing your dispute request to:

TransUnion LLC
Consumer Dispute Center
P.O. Box 2000
Chester, PA 19022

[Why Chat]

I think the tracking data is an error. Once it has arrived at the PO facility it is "delivered" unless they have made arrangements with the PO to have it delivered. Wait until you have had a chance to check TU's back door.

[brookesmommy2006]

Sorry to be confusing. I posted on the wrong thread I think....I had 2..this was in regard to the Hippa letter that I sent to TU. I was trying to figure out what that message meant. Thank you for your help.

[brookesmommy2006]

WHYCHAT-

 

How long do I give it before I check the Backdoor? I was just going to re-send it but I don't want to complicate things. The website for tracking at USPS still says the same thing and according to the post office- they left a slip for them stating that they have certified mail to pick up and if they don't pick it up it will be returned to me in about 14 days. I thought certified mail only confirms delivery and doesn't require a signature? Not sure why they couldn't just leave it in the mail box and give me the confirmation that it was delivered.

[Why Chat]

It appears that you have somehow sent this certified mail WITH proof of delivery requested. How much did you pay for the postage??

[brookesmommy2006]

Only $3. The slip said certified mail and it was green. I did this the same way last time......not really sure....they didn't even ask me this time.

[Why Chat]

You say you sent the "HIPAA letter" to TU??

Are you referring to the initial dispute letter??

 

If so,go to the TU website, back door and see if they actually received it and have done anything with it. I think that the PO notifications are probably a "glitch" in their ( the PO) system.

 

Certified mail is $2.80 + .45 cents first class postage, =$3.25

 

I suggest in the future that you get the certified mail forms and sufficient postage stamps to do the envelopes yourself at home.

[brookesmommy2006]

Yes initial dispute letter (sorry). I will get some stamps and certified mail forms today to have at my disposal. And after checking the backdoor today, nothing has been done that I can see. Do I just wait it out to see if it gets returned to me before sending another one?

[everyman]

 

Certified mail is $2.80 + .45 cents first class postage, =$3.25

 

 

MInor correction, CM price is 3.30 now and first class postage postage is .49

[Bmichael78]

I've been following all of these posts and I've seen the phrase "back door" used but can't find any info on how to do it or what it is. Enlighten me.

 

 

Sent from my iPad using Tapatalk

[Bmichael78]

Never mind. Just found it. Lol

 

 

Sent from my iPad using Tapatalk

[brookesmommy2006]

So Why Chat you were right. Must have been a glitch on the USPS tracing site. The letter to Trans-Union was delivered and medical CA deleted! Patience is a must! Now just waiting for Experian to reply. They have 30 business days to reply? So iit will be more like 6 weeks? Or is it 30 days from the date they receive it?? They are a thorn in my side and that is where most things are reporting......thank you. This information is invaluable!

[Why Chat]

 

 

Certified mail is $2.80 + .45 cents first class postage, =$3.25

 

 

MInor correction, CM price is 3.30 now and first class postage postage is .49

 

Thank you, I use an electronic system for my business and personal use and haven't paid attention to the rate increases.

.

This gives me the opportunity to ask that folks do NOT use the electronic Return Receipt, but continue to use the old fashioned green card. It is rare that you will need the return receipt, however if you DO have to use it you need the paper version.

[brookesmommy2006]

WHYCHAT:

 

Help me please!

 

Here is where I am at:

 

Opted out

Deleted Addresses

Sent Pre Hippa letters to EX, TU (no negative medical accounts on EQ)

TU deleted (only had 1 account to dispute)

EX is refusing to investigate because I had previously disputed in 2012 and the letter says "Unless you send us relevant information to support your claim, we will not investigate this information again and you will not receive this notice again regarding this particular dispute." (I have 5 accounts that I am disputing from OVERTON RUSSELL DOERR DONOVAN

 

 

What do I do now?????????

[Why Chat]

Send the medical DV to the reporting CA

 

http://whychat.5u.com/ltrcavalhipaa.html

 

Send the follow up dispute to Ex

 

http://whychat.5u.com/ltrcavalhipaa.html#DISPUTE

 

If they again refuse to delete, file a complaint against Ex ( to add to the zillion complaints already against them) with the CFPB

http://whychat.5u.com/hipaaftccomp.html

[brookesmommy2006]

I have 5 different accounts with the same CA reporting on EX. Do I send a separate letter for each account?

[brookesmommy2006]

Just to clarify.....I will send my letter to Overton Russell Doerr & Donovan for ALL 5 accounts that Experian is refusing to delete and I will list them all within the ONE letter?? Will I do the same when I send the dispute back to Experian? Just trying to verify before I send it out. Thank you

[Why Chat]

Yes, list all 5 accounts as they are appearing on Ex. Since you will be sending a copy of THAT DV to Ex along with the follow up dispute, you must make sure that the account data matches exactly the way the accounts are reporting on the Ex report. Make sure you are using a REAL Ex report, with its own ID #, not one from a 3rd party monitoring service.

[brookesmommy2006]

Here is the first letter:

 

Overton, Russell, Doerr & Donovan

19 Halfmoon Executive Park Drive

Clifton Park, NY 12065

Date: March 18, 2014 CM # 70132630xxxxxxxxxxxxx

Re: Acct # 23817414, # 13798808, # 22345265, # 21348850, # 13809599

To Whom It May Concern:

This letter is being sent to you in response to your recent fraudulent verification of unknown medical accounts on my Experian Credit report. This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, the date of the alleged medical service, the name of the patient and that there is some contractual obligation which is binding on me to pay this debt.

Please attach copies of:

The agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment and authorization under subtitle D of the ARRA, SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES; and 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 enforcement of penalties against you is covered under the penalty rules of the Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009 and the penalty rules of the FCRA and FACTA including FACT Act changes final rules effective July 1, 2010. .

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities, including reporting of; or verifying of this account on my credit reports.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns.

I require compliance with the terms and conditions of this letter within 30 days, or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with the OCR on your HIPAA violations and appropriate County, State & Federal authorities, the BBB and State Bar associations for violations of the FDCPA, FCRA, and Federal and State statutes on fraudulent extortion and illegal collection activities on any account that may be time-barred as well as in violation of New York State medical privacy rules.

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

xxxxxxxxxxxxxxxxxxxxxxxxx

SECOND LETTER

Dear Experian,

 

My name is xxxxxxxxxxxxxxx, my SS # is xxxxxxxxxxxx.

I am sending this dispute certified mail receipt # 7013263xxxxxxxxx to make sure you receive it.

 

I have no knowledge or records of the following account numbers: # 13809599, # 21348850, # 22345265, # 23817414, # 13798808 on my report # 0771-4591-41.

I have disputed this unknown medical account with the reporting Collection Agent, (copy enclosed with proof of their receipt), as per your instructions in your response of 03/11/2014 to my dispute of 02/25/2014 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.

 

If you are unable to verify and refuse to delete, I will be filing appropriate complaints against you with the FTC for FCRA and FACTA violations, 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 Omnibus Final Rule effective 09/23/2013 interpreting and implementing various provisions of the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act) as issued 11/30/2009 .

Additionally your Credit Reporting Agency is now subject to Federal consumer financial laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on “Abusive” Acts or Practices. (Section 1031 of the Dodd-Frank Act)

I also reserve the right to include your Bureau in any legal remedies I pursue.

Very truly yours,

 

How do these look?? (I used the letters that you provided- just want to be sure that I listed the accounts correctly in each letter.

[Why Chat]

OK, you do need to pluralize wherever needed in both letters.

 

this alleged debt= these alleged debts

this is a= these are

this account=these accounts

 

this unknown medical account =these unknown medical accounts

any account= any accounts

etc.

you need to wait until you have the printout from the PO website showing delivery of the medical DV to the CA before you send the dispute letter to Experian.

[brookesmommy2006]

OK, you do need to pluralize wherever needed in both letters.

 

this alleged debt= these alleged debts

this is a= these are

this account=these accounts

 

this unknown medical account =these unknown medical accounts

any account= any accounts

etc.

you need to wait until you have the printout from the PO website showing delivery of the medical DV to the CA before you send the dispute letter to Experian.

Ok I revised the letters. I'll send the DV out tomorrow and then once I see that it has been delivered, I'll send the dispute to Experian. Thank you.