Call from Collection Agency BEFORE Debt Has Actually Been Sold?

[Anonymous]

I closed a checking account when I moved and forgot that the local utility company was auto-debiting my account.  The utility company claims to have sent me a final bill at my new address, but I never received it.  Obviously, the auto-debit did not go through for the final bill.

Yesterday, I received a voice mail from a collection agency with a file number and instructions to visit a website.  When I visited the website and plugged in the file number, I saw the utility company's name and the amount of the final bill (approximately $20).  I called the utility company and they said they haven't actually sent my account to collections yet.  My question:  Why is the collection agency calling me if they don't even own the debt yet?

[RobertEG]

The debt collector does not have to own the debt to act as a debt collector.  The creditor may have assigned collection authority to them and retained ownership.

How they could have obtained info regarding the debt is mysterious if they were never assigned collection authority.  I would treat their call as if they had authority, and send them a DV.  To ignore it faces the distinct possibility that the person you spoke with may simply not have been aware of the collection referral.

Their process of referring you to a web site to gain info is highly questionable, in my opinion.  Debt collectors are required, after making any "initial communication" with the consumer, to send a formal collection (dunning) notice within 5 days thereafter.  FDCPA 809(a).

They are apparently playing a game by considering their call to have not actually been an "initial communication" with the consumer, quite possibly to circumvent their dunning notice requirement.

By giving you a file number, they have stated that they are calling regarding their collection of a debt, which, in my opinion, triggered dunning notice requirement.

I would send them a DV, which will preclude their credit reporting until they have provided debt verification. 

[Anonymous]

Thanks for the reply.  When I talked to the CSR at the utility company, she said that the debt would be sent to third-party collections if I didn't pay by January 31, 2013 (the bill is not even a month past due at this point).  I'm still puzzled why a collections agency would leave a voice mail if they don't yet have the authority to collect the debt.   

[RobertEG]

Their response to any DV is inherently their legal statement that they have such authority.

You dont have access to the internal records of either the OC or the debt collector, so the mystery is not yours to resolve.

They said they do, so hold them to it.

Send a DV, and thus get their written response.

[Anonymous]

Should I wait for a formal letter from the collection agency before sending a debt validation letter?  Thus far, I've only received a voice mail from them with instructions to visit their website.

[Shogun]

Pay the OC, send the DV to the CA.  They should go away.

[Anonymous]

Should I worry about a ding on my credit report resulting from all of this?