Collection Agency Phone Conversation - Is this Legal??

[therealbrandonhall]

I am in the validation process of a debt to my previous apartment complex property management company regarding final bill.

The debt was turned over to a collection agency within the reasonable timeframe and if worse came to worse I would pay the amount just to keep my decent credit.

However, when I spoke to the collector over the phone, I asked if the debt had been sent to ay bureau, the individual on the other end says "no." He then said we can settle this for X amount. I advised him that I am requesting validation of debt as I have not claimed any responsbility or knowledge of the debt. He then says "I see here that you have more than enough available limit on your Cap One card to pay for this." Keep in mind, this debt is in no way connected to Cap One and my Cap One account is in good standing and has always been.

Any thoughts? Is this legal?

Thank you for your advise!

[guiness56]

They can see your report and all accounts.  It is a tactic they use to intimidate and get you to pay.  Don't fall for it.

Also, the DV has to be done in writing, not over the phone,

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

[RobertEG]

In addition to being in writing, it must be sent within 30 days of their dunnng notice to have any legal effect (i.e., impose a cease collection bar).

They have no required period to respond, and can simply choose to discontinue active collection until such time as they decide to provide the requested validation.

If you send a timely DV, it will impose an automatic cease collection bar on them, precluding any further converations with them over negotiated terms of payment, such as a PFD or settlement for less.  At that point, you would either have to simply remit full payment, or wait for them to provide debt validation.

Thus, prior to sending a DV, its best to determine your next step.