Pay For Delete vs. HIPAA
Posted 10 May 2012 - 11:33 AM
I am working with a $209 debt and a small family dentist practice. The debt has been "assigned" to a CA. Would it be a good idea to PFD in is case? This is the situation :
I want to use a Pay for Delete Letter that includes the language: "this is not an acknowledgment or acceptance of the debt, as I have not received any verification of the debt. Nor is this a promise to pay and is not a payment agreement unless you provide a response as detailed below."
I want to require that the original creditor "1) recall the debt from the collection agency and 2) not send the debt to any collection agency in the future and 3)not verify the debt in the future", and in the same agreement.
Also, do I ruin my ability to do a HIPAA in the future if I forward such a request to the original creditor? Or if I phone the creditor and ask if they would be willing to accept such a request?
Posted 13 May 2012 - 01:38 PM
HIPAA cleared things up pretty quickly for me, and is apparently much more reliable for "staying fixed". The dollar amount in my case was even smaller than yours, I'd have PFD if that would have fixed it too, but I'm glad now I followed Why Chat's suggestions instead. BTW, it was apparent that the CRA and CA either don't actually read what you write to them in detail, or just choose to ignore some of it. The replies I got said "Here's what you asked for" but clearly didn't address most of the questions and demands I had sent. So just because you lay out some clear terms in your letter, I would not assume that will be acted upon by these folks. You'd be right and I would hope prevail if it came before a judge, but that's a huge delay and hassle compared with a month or two of certified mail for the hipaa process.
And I never got that far, but it looks like Why Chat's process does ultimately have steps that are similar to PFD in case the earlier steps don't resolve things. But even then, I think you don't pay the CA, I assume partly because that would so often cause a "Paid" update on your credit history.
Posted 18 July 2012 - 12:35 PM
Some say it wont work,some say it will,some say only the HIPPA method works.......so who knows,from what I read their are both legitamate laws to do it either way.At least thats the route I took
Before knowing the HIPPA method,I sent a regular DV letter to another collection and they could not validate(no signature,agreement,old bill...anything)Just a letter saying "We verified the debt is yours,please pay $xxx".......I took that letteer,a copy of the original DV I sent,copy of tracking and label from the letter and wrote to the CRA stating the debt they "verified" was mine cant even be validated by the collector,delete it and some old legal law breaking mumbo jumbo.All 3 removed it.
So maybe I got lucky,or took the long or wrong route but it prooves their is no single way.
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