CA response has me confused, now what?

[Why Chat]

Please just follow the program.

 

You opted out??

You deleted old addresses??

You sent the initial dispute letters to the CRAs??

You sent the medical DVs to the CA??

You sent the follow up disputes to the CRAs??

 

You had NO deletions from ANY CRA reports??

[Menta33]

Please just follow the program.

 

You opted out?? Yes, at the beginning of this January.

You deleted old addresses?? No, because has not moved in over ten years.

You sent the initial dispute letters to the CRAs?? Yes, in September 2014.

You sent the medical DVs to the CA?? Yes, in December 2014.

You sent the follow up disputes to the CRAs?? Yes, in January 2015, after receipt of response from CA.

 

You had NO deletions from ANY CRA reports?? Correct, the account still shows unpaid on Experian (never shown elsewhere).

 

So, to get a deletion for forthcoming Mortgage app, it is faster to pay the OC or to file a HIPAA complaint with warning letter first?

[Why Chat]

File a complaint against Ex with the CFPB

 

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

 

Paying the OC with the HIPAA letter insert "a" will have NO effect on your reports as the reporting CA is obviously NOT in a current relationship with the OC.

 

Paying the scam scum JDB that Ex refuses to delete will do you more harm then good because while the account being marked as "paid" may satisfy your mortgage lender, it will SINK your scores and increase your interest rate because it will still be derogatory, but much newer.

[Menta33]

Filed CFPB complaint and disputed with EXP again at the same time. Not sure if this was causal, but subsequently received a letter from CA with another Account Itemization (like in their December letter) but as of the present date giving the same balance due with a bit more interest charges since December. However, the letter included a page not previously supplied labeled Account Charge Activity Detail which lists a Guarantor and a date of service in 2009, Code 99213 for Office/Outpatient Visit, Patient Name, Physician Name, bill amount, zero insurance responsibility, zero insurance paid, leaving all as patient responsibility. It then reports "Statement Sent Out" for eight consecutive months from 2009 to 2010 and a final entry "Adjustment AMA" zeroing out the balance with code FC: SP. Allegedly this is the OC's records of the account and their sending it to collection in 2010, although it only appeared on the credit report in spring of 2014.

 

Does this change anything, or do we continue to assume there is no current business relationship between the CA and the OC?

[Why Chat]

Well-- it is possible that the OC did a recent "account dump" getting rid of all their old uncollected accounts at once.

 

Makes no difference unless this is a hospital bill from a County or State hospital.

[Menta33]

Experian responded to the copy of the CFPB complaint sent to them with results:

 

We have completed the processing of your dispute(s). Here are the results:

 

Credit Items Outcome

========= =======

Collection Agency Name Remains

Account Number with CA

No completed response at the CFPB website is posted yet, whose last update reads:

 

The company has provided a partial response to your complaint number xxxxxx-xxxxxx describing the steps taken so far to address your issue. They stated they are still working on your issue, and you should hear from them again within 60 days.

Should we file a HIPAA complaint with hhs.gov or wait for CFPB to respond first? Also, in case there is a current relationship between OC and CA, we have called the OC to try and get info on any amounts billed and dates of service from 2010, but they are not returning phone calls.

[Why Chat]

Experian responded to the copy of the CFPB complaint sent to them with results:

 

We have completed the processing of your dispute(s). Here are the results:

 

Credit Items Outcome

========= =======

Collection Agency Name Remains

Account Number with CA

No completed response at the CFPB website is posted yet, whose last update reads:

 

The company has provided a partial response to your complaint number xxxxxx-xxxxxx describing the steps taken so far to address your issue. They stated they are still working on your issue, and you should hear from them again within 60 days.

Should we file a HIPAA complaint with hhs.gov or wait for CFPB to respond first? waitAlso, in case there is a current relationship between OC and CA, we have called the OC to try and get info on any amounts billed and dates of service from 2010, but they are not returning phone calls. No, no point it is way beyond the legal SOL for collections anyway EVEN if it had been a valid bill

 

[Menta33]

Received response from CFPB:

 

Company responded

Experian said:

Explanation of closure

Thank you for submitting your complaint on February xx, 2015, through the CFPB Complaint Portal. We appreciate consumers who take the time to let us know about their experiences with our company.

 

We have reviewed and considered the information you have supplied through the CFPB portal and directly to Experian, including the xxxx attachments. In your complaint, you indicate that you filed a proper disputed on the disputed creditor, an unknown medical account, in August 2014 and that you did not receive a response. You further indicate that you contacted the disputed creditor requesting that they validate the alleged debt. You are requesting that the disputed account be immediately deleted from your credit report.

 

Our research reflects that upon receipt of your request for a reinvestigation of the disputed account, on August xx, 2014, we contacted the data furnisher to verify the accuracy of the disputed information. The data furnisher verified the disputed information and on September xx, 2014, the results summary was sent to you for review.

 

Because customer service is our top priority, at your request to begin a reinvestigation, we contacted the data furnisher again to verify the accuracy of the information with which you disagree. The data furnisher has verified the accuracy of the disputed information. On February xx, 2015, the results summary was sent to of you for review.

 

According to the Fair Credit Reporting Act (FCRA), a national consumer credit reporting agency's role in the dispute process is to review the accuracy and completeness of any disputed item which may include contacting the source of the disputed information and informing them of all relevant information regarding the consumer's dispute. If the issue is not resolved, then the consumer credit reporting agency must offer to include a consumer statement on the personal credit report.

 

The FCRA does not require that the consumer credit reporting company obtain documentation such as the actual signed sales slips, signature cards, contracts, etc.; nor does it require that consumer credit reporting agencies act as mediators or negotiators in account disputes.

 

If you disagree with the results of the reinvestigations, it is your legal right, under the FCRA, to add a 100-word statement specifying the nature of your dispute. The consumer statement will appear on your credit report and be viewable upon inquiry. If you would like our assistance in providing a concise statement, please contact us directly at the telephone number or address provided on your personal credit report and we would be happy to assist you. You may refer to the credit report that you received from Experian for the furnisher or public records office name, address, and phone number (if available). In addition, for more information regarding your credit and frequently asked questions, you may visit: http://www.experian.com/blogs/ask-experian.

 

For additional assistance, you may call the toll free telephone number provided on your personal credit report, obtained directly from Experian, or write to Experian at P.O. Box 9701, Allen, TX 75013.

 

Thank you for submitting your complaint through the CFPB Complaint Portal. It is our policy to respond to consumer complaints swiftly and to take each complaint seriously. We appreciate you letting us know about your experiences with Experian.

So do we file a HIPAA complaint now?

[Why Chat]

Did you close on your mortgage??

[Menta33]

Did you close on your mortgage??

No, mortgage refinance is still pending an initial application to formally begin the process.

[Why Chat]

OK, time to roll out the BIG GUNS.

File a complaint against Ex with the Ca. AG office

http://www.whychat.5u.com/States/state-ca.html

 

and the FTC ( you need to file under "other)

 

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

 

Make sure that you stress that the CFPB was not able to resolve the issue. That this CA has maliciously poisoned your Experian credit report with an unknown medical account allegedly dated from 2006 that you have no record or knowledge of. That this improper and illegal poisoning of your report was done to prevent you from closing on a mortgage, that you have tried all other avenues of resolution but that you refuse to give in to an illegal and improper collection activity by a CA who has not complied with the provisions of Ca. law or Federal FDCPA rules.

[Menta33]

For the CA AG complaint, should I check "Yes" for the box (See https://oag.ca.gov/contact/consumer-complaint-against-business-or-company):

 

By filing this complaint, I authorize you to send this complaint to the party named, and for that party to communicate, including disclosure of non-public personal information, with the Attorney General’s office concerning this complaint.

Since possible HIPAA stuff is involved, shouldn't this be a no? I'm filing by paper, so I can include copies of correspondance, but the online form seems to require a "Yes" response.

[Why Chat]

Check yes,

If the CA breaks the HIPAA privacy rules that is NOT your fault.

It is health care professionals who are bound by the HIPAA regulations, not you.

[Menta33]

JDB is calling cell phone repeatedly. Had to identify self, but told them only that they were in violation of Federal law and would follow up in writing, and to cease further calls.

 

Is there a particular cease and desist letter to be used with JDB CAs for medical debts?

[kimbachelle]

Same JDB? The DV you sent in December has a full C&D.

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

[Menta33]

Same JDB? The DV you sent in December has a full C&D.

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

 

Yes, the same one, so that would be a FDCPA violation then, right? Any action recommended to be taken for their violation(s)? They call cell phone repeatedly, only answered one time.

[Why Chat]

File a complaint against them with the Ca AG office and the FTC and the CFPB

[Menta33]

Good news, after only filing a complaint with the CFPB on March 31 of their violation of the cease and desist request, the CA responded to CFPB the next day on April 1:

CA said:
Explanation of closure
All phone numbers have been removed and RCA has canceled this account. It will be deleted
from the credit reporting agency's within 30-45 days.

Response
There will be no more calls made on account # xxxxxx. We have validated the bill per his
request back in December with the information we are required to validate it with by law. Please see
attached letter. However due to this age of account i agree to cancel it back to the original creditor.

Therefore, called up Experian by phone and explained what is happening and got them to start a new dispute by phone to try and expedite the process for the mortgage. They said would contact CA again and ask for confirmation of deletion. Further, they suggested to upload the CFPB document response online. However, this failed, due to website saying they are unable to honor the request. (Perhaps due to our complaints against them?) Even got a new confirmation number from Experian and tried again and it still failed with the same error. Therefore, sent a letter by priority mail, referencing the new Experian confirmation number, and including a copy of the CFPB result wherein the CA said they would delete.

 

Hopefully this will result in a speedy deletion.

[kimbachelle]

I'm sure you would've much preferred an earlier/easier deletion - but that thread was FUN!! Congratulations!

[Anableps60]

What was the outcome of this Menta33?

 

Great information and wisdom Why Chat!