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Need advice fast please. Collection call

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Stevielynx
Valued Member

Need advice fast please. Collection call

I was 99% sure I paid this bill. But I got a call from a CA saying I told the OC I would call back with payment.

It was around the time my mother passed, so I don't remember specifically. I did check my bank account and couldn't find the payment. I closed the secured account which was the only other card I would have used at that time.

It's only $32. I don't want it to hit my report. Who should I pay, the OC or CA?
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2 REPLIES 2
Anonymous
Not applicable

Re: Need advice fast please. Collection call

Always pay the OC first if you can, if it hasn't been sold to a Ca.

Never speak with CA on the phone. Paper trails are your friend.

 

Pull your reports and find who this CA is, and send a Debt Validation. 

 

Do you know who the OC is?  Call them!

 

just my thoughts.

Message 2 of 3
RobertEG
Legendary Contributor

Re: Need advice fast please. Collection call

It is not, in my opinion, always preferable to pay the OC, and it can be very beneficail to negotiate with a debt collector.

 

If either prevention of reporting of a colleciton, or deleiton of an already reported collection, is your goal, then only an agreement with the debt collector can direclty address their own reporting.  If they will either accept a PFD, or agree not to report if they have not yet done so, then that would be my recommended path.

 

To compel deletion or lack of reporting by a debt collector, it is necessary to first obtain agreement from the OC that they will terminate their assigned collection authority to the debt collector PRIOR to accepting your payment.  They may either decline to do so, or not actually termiante prior to accepting your payment.  Then, thtere is no basis for requiring the debt collector not ro report, or to delete their prior reporting.

The direct approach of obtaining agreement wiht the debt collector is, in my opinion, preferable.

 

Sending a DV may also not be approperiate.

If more than 30 days has elapesed since dunning notice, a DV would be untimely, and the debt collector could simply ignore it.

Even if timely, the debt collector has no period for or requirment to send validation, and the cease collection bar imposed by the DV will prevent any PFD or pay for not reportng negotiations until they have first validated.  Thus, the consumer is in limbo until the debt collector chooses to send validation.

 

 

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