11-14-2012 12:07 PM
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?
11-14-2012 12:17 PM
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.
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11-14-2012 02:23 PM
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.