Confused?

[srjjames]

OK, I owe AT &T 223.00, they sold it to Franklin Collections...I sent Franklin Collections a PFD...have not heard from them yet I received the Certified Returned Receipt on today.  Today ERC called me about the account.  The rep was explaining that they don't own the debt they are trying to collect it for att. I told them on my credit report I saw ATT. My question is....if all there are on my report...who do I pay and how do I get rid of the others that I don't pay.....is that when I do a DV?

[RobertEG]

Who you can pay depends on who owns the debt.

AT&T either assigned or sold the debt to CA1.  If they merely assigned the debt for collection services, then theoretically you could pay either the OC or the CA.  However, if they sold the debt to the debt collector, you could then only pay the CA.

if CA2 is now contacting you, and has stated that they do not own the debt, then you must find out what has happened to CA1.   There are two possibilities.  If the OC still owns the debt, did they terminate collection authority with CA1?  If that is the case, then you could pay either the OC or CA2.   However, if the OC sold the debt to CA1, then you could pay either CA1 OR CA2.

Whichever party you pay can only agree to a PFD deletion of their own reporting.   They cannot agree to any deletion by the other parties who has posted to your CR.

If CA2 has not yet report3d to your CR, you cant offer them a PFD. 

[srjjames]

Got it....very good explanation.  Only Franklin collections is appearing on my report so I will pay them.  I'll call them tomorrow to see about the PFD because they did recieve the letter.  Now the only other thing I'm not clear on....is in a different situation....I have both the OC and the CA appearing on my report.  If i pay the CA and get them to PFD....what do I do about the OC because they are also listed on my report. If after I pay the CA do I DV the OC?

[RobertEG]

No, you cannot DV an OC.  DV under FDCPA 809(b) only applies to debt collectors.

Additionally, if you pay the CA, then both the OC and CA must then update your debt blance to $0.  So the debt is then sastisfied.

After that, any deletion of prior reporting done by the OC must be by way of a GW letter to them.