New Member
Posts: 3
Registered: ‎08-08-2008

OC accepted payment...

I owed for tuition for a local community college.  They sent it to collections.  I recently regained access to my student online portal and was able to make a payment via web on this debt.  The OC accepted the payment and shows my balance less the payment I made.  Yesterday, I received a letter from the CA stating that the OC had informed them of a payment on the debt and that I need to call them to discuss the matter ASAP, as I owe them + an extra $200!  I'm confused as to what's what and who I should be contacting.  As I stated, the OC accepted payment and the new balance is less the amount I paid.  In my opinion, the CA should be out.  Any ideas?



Valued Contributor
Posts: 1,216
Registered: ‎05-10-2012

Re: OC accepted payment...

Contact the OC first and discuss it with them.  They have a relationship with the CA and can explain what happens now.  It sounds like the debt was obviously not sold, but assigned, so you may be in good shape.

  • Current: EQ FICO 694, TU FICO 695, EX FICO 698 | Starting Score: 525 (05/2012)
  • Starting total revolving credit: $1100 | Current total revolving credit: $29,500
  • Inquiries (12 Months): EQ 6 TU 3 EX 6 | Most Recent: 1/21/2014
Chase Freedom $5000
DCU Visa $10000
Capital One QS $2000
AMEX BCE $1000
Lowe's CC $8500
WalMart CC $2400
BOA Platinum $600
Mega Contributor
Posts: 18,477
Registered: ‎03-19-2007

Re: OC accepted payment...

Your guiding beacon is FDCPA 808(1) when a debt collector is asserting amounts due to them that are not asserted as part of your contract agreement, and in your case settlement with, the creditor.


It is not clearly improper for a debt collector to assert fees due to them, apart from your obligation with the OC.

However, section 808(1) explicitly states that it is a violation of that section for a debt collector to attempt to collect any amount that is either not specifically authorized in the agreement with the creditor, or otherwise permitted by law.  Since you have settled with the OC, they cannot assert fees due to them stemming from your obligation with the creditor, so they would have to rely upon some provision of law that specifically authorizes them amounts not specifically authorized in your account agreement with the OC.


I have no idea what provision of law they are relying upon, but I would question them as to what it is.  It would be their burden, in view of section 808(1), to point to some authorizing provision of law.

myFICO is the consumer division of FICO. Since its introduction 20 years ago, the FICO® Score has become a global standard for measuring credit risk in the banking, mortgage, credit card, auto and retail industries. 90 of the top 100 largest U.S. financial institutions use the FICO Score to make consumer credit decisions.

>> About myFICO
FICO Score - The Score that matters
Click to Verify - This site chose VeriSign SSL for secure e-commerce and confidential communications.
Fair Isaac Corporation is a BBB Accredited Financial Service in San Rafael, CA
FOLLOW US Social Media Facebook Twitter Pinterest Google+