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A Sneaky Collection Agency


dannyj
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I have just been contacted by a Morel Associates, located in Flushing, NY regarding an unpaid balance at the college I attended a few years ago. He made no reference to the fact that he was a debt collector. In fact I had to ask him if he was and then he said he was. Is this not a violation?

In addition, they do not have my current address, rather they have 2 old addresses that no longer foward my mail. I have not received any mail from them and I refused to give him my current address.

Their name does not imply that they are a collection agency, and they did not declare that they were a collection agency.

The only thing I am worried about is that they will place a collection with the bureaus. Is there any way to prevent that from happening? They say my balance is $2500. I fear that even if I pay it they will place the record on my reports.

Any advice on how I should proceed would be appreciated

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He doens't necessarily have to use the term's bill/debt collector or collection agency. On first contact he does have to ID his name, name of the company he is calling from, the OC (what bill he is calling on), and use whats called the mini-miranda - "this is an attempt to collect a debt, any information obtained will be used for that purpose". As far as them placing it on your CR after you pay it, the would have no reason to. When I used to work first (accounts at their first CA) that have not yet been reported to a CRA I found that was great leverage to get people to pay. I would make sure that it is not on any CRA first however.

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No mini maranda was given. I have drafted a letter threatening to sue below you will find the meat and potatoes (including FTC opinions) of the letter please critique...

http://www.ftc.gov/os/statutes/fdcpa/commentary.htm

THE FAIR DEBT COLLECTION PRACTICES ACT

As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996)

Section 807(11) requires the debt collector to "disclose clearly in all communications made to collect a debt or to obtain information about a consumer, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose," except where section 804 provides otherwise.

1. Oral communications. A debt collector must make the required disclosures in both oral and written communications.

No such disclosure was made. In fact I had to ask what the purpose of the call was.

2. Disclosure to consumers. When a debt collector contacts a consumer and clearly discloses that he is seeking payment of a debt, he need not state that all information will be used to collect a debt, since that should be apparent to the consumer. The debt collector need not repeat the required disclosure in subsequent contacts.

Again, no such disclosure was made

A debt collector may not send the consumer a note saying only "please call me right away" unless there has been prior contact between the parties and the collector is thus known to the consumer.

A message was left on my cell phone by a gentleman named Paul. His exact message was “please call me right away”. There is much case law available to show that phone communication is the same as written correspondence.

Thanks for all your help

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