"Pay to Delete"

[maystock]

I am trying to settle some medical bills that have been reported to the credit buearus (sorry for my spelling).

I have lawyers who are handling it and stated to them that I want a "Pay to Delete" for settling the debt. I was told by the attorney that information can only be removed from my credit report if the information reported was inaccurate.

I told them that I have read about the "Pay to Delete" on various sites online, but they said they never heard of that.

Are they right?

Also I keep getting phones calls from the collection agency regarding these medical bills even though my lawyers have contacted them and told them not to contact me. I want to report them for this violation, but can I use this violation in anyway to help me? I mean can I use it as leverage to get them to remove the debt from my credit reports???

I appreciate any help.

[whocares]

First of all, how many collections are you working on?

Second why hire a lawyer especially if he has never heard of pay for delete

Third of all, they can call you all they want, takes more than a lawyer to male them stop.

Please post more details

[Donna47129]

They have to quit contacting you if you file bankruptcy and you give them a case number. Alternatively, it seems they have violated:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

[Extra Credit]

I just talked to BB&T about a TL I have showing, Debbie was nice enough to tell me that her boss has instructed her that if she is in charge if MY account, then SHE makes the decision on how to report.

I asked her if I paid it, would she delete it? She said "if you pay this I will have all record of it removed from all reporting agencies. Permanently."

Right now it's a NON-collectible debt, as it is included in my ex's BK13, so they will do anything to see any money from it.

I need it gone, since it cost me a good paying job recently. I will play with them for a while, but to answer your question,

Yes they can PFD, but they don't like to. It has been done many times.

The law doesn't say they have to report it, it says what the do report, must be accurate.

[scorch]

I have lawyers who are handling it and stated to them that I want a "Pay to Delete" for settling the debt. I was told by the attorney that information can only be removed from my credit report if the information reported was inaccurate.

I told them that I have read about the "Pay to Delete" on various sites online, but they said they never heard of that.

Invite that person to these forums. He or she might learn something.

[Donna47129]

I asked her if I paid it, would she delete it? She said "if you pay this I will have all record of it removed from all reporting agencies. Permanently."

I hope you got this in writing...just a warning...

[Extra Credit]

I asked her if I paid it, would she delete it? She said "if you pay this I will have all record of it removed from all reporting agencies. Permanently."

I hope you got this in writing...just a warning...

I know, I know, She'll put it in writing or she won't get paid. It's non-collectible for 2 more years. As soon as I know I have enough to cover it, I will make the offer again.

[cookiefiend1228]

I've read on a few other forums that paid medicla collections should be deleted from your report due to the HIPAA laws. do a search for "medical collections". this is what i have:

MAKE SURE YOU PAY THE HOSPITAL OR DOCTOR DIRECTLY NOT THE CA or these rules are void!!!!

Originally Posted by WhyChat's site

The Privacy Rules prohibits a covered entity from using or disclosing an individual's protected health information ("PHI") unless specifically authorized by the individual or otherwise allowed under the Privacy Rules.

In general, PHI encompasses substantially all "individually identifiable health information" that is transmitted or maintained in any medium. "Individually identifiable health information" includes health information that is created or received by a health care provider, health plan, employer, or health care clearinghouse, and that relates to an individual's physical or mental health or condition, including information related to an individual's care or the PAYMENT for such care.

Your furnishing of my account information to (collection agency name), is not in compliance with HIPAA,or (name of your State}'s Privacy Act, and any subsequent reporting of this account on my credit reports to (credit reporting bureaus) is a clear violation of Public Law 104-191 ("HIPAA") since there can be no permissible business purpose in divulging protected health information to anyone on an account once there is no longer any payment due.

You are required under the FCRA and FACTA to accurately report the status of any account to the credit bureaus, and you are prohibited under the HIPAA and State privacy regulations from doing so on a PAID account, as there is no longer any permitted business purpose.

It also needs to be noted that for HIPAA and states medical privacy laws to remain in effect, the original medical provider is the one who must be paid. If the CA is paid then all of those rights could be waived.

[lovebug5]

Unfortunately, the WhyChat method isn't so crystal clear. As a matter of fact, a few specific parts of WhyChat's method which are the ones most people pay attention to aren't detailed anywhere in the HIPAA laws.

If only it were that easy...