HIPAA Process, Sent DV to CA-No response, Yet CRA verify to me

[Anonymous]

CA aid in full in July. Tried the Hippa process to delete collection. No such luck. Finally wrote a DV letter to CA. 30 days have passed no response. Disputed with CRA after CA had signed for my DV and returned the green card to me. EQ has replied-verified. EX still investigating and say they will be doneby 10-25-08. 31 days after CA received my letter I sent them this letter. I do beleive I can get them to delete this time around.  I intend to foolow up on filing complaints if in 5 days of receipt i dont get deletions .any suggestions?

October 18, 2008        CMRR# xxxxxxxxxxxxxxxxxxxxxx
RE: Account # xxxxxxxxxTo Whom It May Concern:In a letter you received from me on September 18, 2008, I formally requested that you validate all trade line notations that you have submitted to the three major credit reporting agencies by (YOU—CA) for me, (my name) for account number xxxxxxxx
You have not only been unable to verify fully within 30 days, but have again verified and continued reporting this trade line with the credit bureaus.  If you cannot validate this trade line, you are in violation of the FCRA by reporting it to the credit reporting agencies.  You also have failed to update your reporting with the credit bureaus to show that the account was disputed, clearly yet another violation. You have also, without any doubt, NOT complied with the terms and conditions of the certified letter you received from me on September 18, 2008. I assume that you cannot validate these notations; therefore I am demanding that you cease reporting this information and IMMEDIATELY delete it from all credit reporting bureaus. If you do not cease reporting of the incorrect information, I will be forced to take further action. Please be advised that your blatant disregard and violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and my rights as a consumer have caused harm to me by seriously affecting my otherwise unblemished credit rating, causing denial of credit, as well as causing me to be charged higher interest rates and unfavorable loan terms.

As per the FCRA:

§ 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]
(a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000

§ 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]
(a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of
(1) any actual damages sustained by the consumer as a result of the failure;
(2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

As a brief summary I state the following:
Your Company has failed to send the legally required validation of this debt. You have been notified that your actions are detrimental to me and that your company has violated (including but not limited to) the Consumer Credit Protection Act and the Fair Credit Reporting Act.
Your company should know that this continued reporting of unvalidated information is damaging to me. You have communicated and are continuing to communicate unsubstantiated and defamatory information to third parties including but not limited to, Equifax, Experian, and Trans Union.
As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your company's intentional infliction of emotional distress, other diminishments of the quality of my life and refusal to follow the law.

Please understand that I am extremely concerned regarding the harmful resultant consequences of the actions your company has taken. Please be advised that, if this matter is not resolved expeditiously, I will take any and all necessary steps to protect my rights.

If you wish to resolve this matter, this will be your last opportunity to do so. The following item must be deleted from my credit files with the three major credit reporting bureaus (Equifax, Experian, Trans Union) within 5 days from the tracked and verifiable receipt of this letter. Forward a letter to me via regular U.S. mail stating it has been removed and will not reappear on my credit reports again. I will accept nothing less.
Please be aware if these accounts are not deleted within 5 days of receipt, I will file a formal complaint with the Federal Trade Commission, my state's Banking and Finance Bureau, and the Better Business Bureau. Also, note that section 1681s-2(b) of the Fair Credit Reporting Act creates a cause of action for a consumer against a furnisher of erroneous and invalidated credit information (Nelson v. Chase Manhattan).

This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary.

Thank you and I look forward to your resolving this most expeditiously.

Sincerely,xxxxxxxxxxxxxxxxxxxx 

[fused]

Why send this letter, it's not part of the HIPAA letter process? Other than this letter, have you followed the process to a "T", and do you have the documents to prove it?

[Anonymous]

This is how I proceeded on this matter. I edited my past forum discussions for a quick back ground. I do have all proofs of letters sent and records of all CMMR and green cards

 Prior to learning about this forum, I paid a dentist bill to the collection agency. Check cashed. I then sent a letter to EQ, TU and EX to dispute. NOT a preHIPAA but just a simple 3 sentence letter saying bill been paid in full. (EXP dispute was online other 2 written (regular mail no CMRR) TU deleted but not other 2. Sent also HIPAA Letter2 to OC (dentist office) with insert 1. 10 days have passed not heard from OC. 11 th day Sent HIPPA 3 to OC and included copies of dispute letters to EQ and EQ. Also sent re-investigate letters to EQ and EX. Did hippa 4 after disputes were verified. got response from OC with regards to letter 2. Hare goes, Dear mr xxSubject : Bill of XX.XX I have read your letter and am confused on how you believe that the account is an error. We have not heard that the account I was disputed in any way to our collection agency, XXXX or us. We have documentation that you were aware of the balance on your account. Furthermore we made several attempts in contacting you about the balance before turning your account to collections. Unfortunately, we cannot process your request of deleting it from your credit report because it was a valid debt that you owed for services that were provided to you. However CA has reported to the credit bereaus that the account has been paid in full, as you requested from them. If you have any questions and concerns please feel free to call me at xxxxxxx. Our office hours areSincerely xxxxx collection Accounts

OC name

 I was advised on one of my earlier threads to restart the whole hippa process if i dont get this item deleted. I sent a prehippa  to EQ 9/4 since they had replied my hippa 4 re-investigate letter and Icame back verified.  No response from OC to my 2nd letter sent to them That’s when I started alternate hipaa process. Sent Letter to CA then after getting green card back, sent  dispute letter to CRA. 30 days pass no response from CA but item came back verified by CRA, Thats when I sent the letter I posted above. I thought I would force the CA from deleting by pointing their violations. I thought this would be a sure way to get them to delete. Cant validate, cant report. And once consumer disputes, they should indicate that the trade line is disputed with the cra. They didn’t do this. I have a feeling I might have messed up with regards to Hipaa but if they get to delete based on the two violations, its good enough for me. Any Thoughts ??