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Whychat,

 

I need some advice on how to proceed next. I have been following your method (opted out, medical dvs etc) and made a payment to the OC using your letter (cashier's check), shortly after I made the payment I was preapproved for a mortage loan and the collection popped up on my EQ as unpaid. A call to bank confirmed that the OC (which is a hospital) cashed the check prior to it popping up on my credit report. I wrote a follow up letter to the OC and to EQ and received a letter from the CA a couple of weeks later stating that the account had been paid in full and that they would notify EQ to remove the entry from my credit file. The investigation with EQ is still pending, they have about a few days left before the investigation hits the thirty day mark, but I received my monthly credit report from my usaa credit montoring and the account is updated with no balance and PAID. Should my next steps be to file a complaint with the FTC and CFPB? If these are my next steps should I include the copy of the letter I received from the CA clearly stating that they were going to notify EQ to remove this from my credit file? I haven't found a house yet, but I'm coming close and need this to be removed ASAP, so I would appreciate your input.

 

 

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I was not able to locate your original thread.

 

You opted out, deleted old addresses, sent the initial dispute letters to the CRAs, determined that there was a current business relationship and paid the OC with the HIPAA letter insert "a"??

http://www.whychat.5u.com/GUIDEBOOK.html

http://www.whychat.5u.com/GUIDE%20HIPAA%20PROGRAM.html

 

If so, there is a follow up letter program ( follows insert "c")

INSTRUCTIONS FOR FOLLOW UP TO "HIPAA" LETTER TO ORIGINAL CREDITOR HEALTH CARE PROVIDER ALL FURTHER CORRESPONDENCE SHOULD BE SENT CMRR

 

1- Make sure any money order has been deposited ,or you have received a return receipt from your letter if insert "b" or "c" were used. 2- Send the follow up letter posted below. 3- Send a copy of the follow up letter to the OC (legal dept) with the cover letter,(follows letter to CRA) 4- If the CRA responds with verification from the CA or the OC, file a complaint with the HIPAA administration for the OC's , the CA's and the CRA's violation of the privacy rules of HIPAA,and with any available State's Medical Privacy Act administration. If they do NOT respond with any verification and the account is NOT deleted, file a civil suit against the OC and the CA for their liability for violations of the FCRA and FACTA. 5- DO NOT under any circumstances, write or correspond with the CA regarding this matter, any correspondence or communication that YOU instigate, while not a waiver of your privacy rights under HIPAA, will impede any cause of action you might have as the non permitted "communication" would have come from YOU. Please understand, that any CA or CRA now has FULL liability under HIPAA, even if they are NOT the health provider and/or have no business relationship with them. They are NOW covered under the provisions of the act for all medical accounts", they are now also subject to the the penalty rules of the HITECH Act as issued 11/30/2009. if THEY violate, they can also be named in ALL your filed complaints.

 

Letter To Cra After HIPAA Letter, send CMRR Use this AFTER you have received the green card back and received verification that any money order has been deposited (if using insert "a")

 

To Equiexptu Sirs;

 

 

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

 

Please re-investigate (or investigate if you have not previously disputed) the following disputed account 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 and the date of their verification. I require documentation of the authorized HIPAA business relationship between (CA name)and (OC name) and documentation of your authorized HIPAA business relationship between yourself and either ( name of CA) or (name of OC).

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 and Omnibus Final Rules effective 09/23/2013. Please note that 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 )

 

Sincerely,

Ido N Tnow

 

(Send a copy to the HIPAA Compliance Dept. of the OC health provider(CMRR) with the following cover letter)

Cover Letter

Your Name Address

HIPAA Compliance Office OC

Name Address

Re: Letter of (date of original letter) Account #(original account #)

 

Dear Sir or Madam;

Enclosed please find a copy of my letter(s) of dispute to (CRA (s)).

 

Please note, I am providing you with an additional opportunity to have this account removed from (CA) and deleted from my credit reports if you have not already done so. I have no desire to cause you unnecessary difficulty,however,this entry of my private health care information,on my credit report, for an account that no longer has ANY permitted business purpose waiver since there is NO payment due, has caused injury to my credit reputation,and has left me no choice but to proceed with the following:

 

Upon my receipt of the FCRA and FACTA mandated reply from (CRA),if the account has NOT been deleted in its entirety,I will take appropriate action to enforce my rights under the HIPAA, FCRA and FACTA rules and ARRA , including the penalty rules of the HITECH Act as issued 11/30/2009 and Omnibus Final Rules effective 09/23/2013. and (your State)'s Consumer Protection and Medical Privacy statutes.

 

Sincerely,

Edited by Why Chat
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Thanks for responding! I didn't start a thread for this issue until now, I was just following your program. I did send the follow up letter from your program to both the CRA and the OC after calling my bank and verifying that the money order had been cashed, the CRA investigation is still pending, but the CA sent me this (I'm assuming in reponse to the follow up letter from your program that I sent the to the OC) :

 

 

Re: Hospital Name

Client ref: ******

Acct:*******

Amount: $350

 

Dear KANDUA,

 

This letter is to acknowledge is writing that the accounts(s) referenced above has been paid in full. Our office will notify Equifax Credit Informtion Services to remove this from your credit file.

 

If you have any questions, please feel free to call our office.

 

Sincerely,

 

CA

 

 

 

My concern is that Equifax has chosen to update the account as paid with a zero balance ( I saw this today when I pulled my monthly USAA report). I know that the investigation with Equifax is still officially pending though, so should i wait to see if it comes back updated?

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