aadam101 Posted June 13, 2007 Report Share Posted June 13, 2007 I owe some money to a local community college. I want to go back to school but need them to release my records so I can transfer the credits. I contacted the school first and they told me they account was in collections and I would have to contact the CA. THIS ITEM IS NOT BEING REPORTED ON MY CR.I contacted and it was like pulling teeth to get them to send me a paper statement. I want to make payments on it but I wanted something in the mail. They kept telling me they would send it but never did.I finally received it today and I have never see one like this before. The top of it lists the following:RE: CANCELLED 063005ACCT: XXXXXXXXXFOR: INC COL CH 109.80 (This is CA charge which I am not paying!)I want to pay the school what I owe them but I really don't want to pay the CA $109.80. I'm also not paying a bill that doesn't state who the original creditor was. Aren't they supposed to list that? It's not listed anywhere on here. Link to comment Share on other sites More sharing options...
MadinKS Posted June 14, 2007 Report Share Posted June 14, 2007 I want to pay the school what I owe them but I really don't want to pay the CA $109.80. I'm also not paying a bill that doesn't state who the original creditor was. Aren't they supposed to list that? It's not listed anywhere on here.FDCPA spells it out in black and white. § 809. Validation of debts [15 USC 1692g](a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- (1) the amount of the debt; (2) the name of the creditor to whom the debt is owed; (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and (5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.( If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.© The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. If it were me, I would contact the school and tell them that the CA is being deceptive and misleading. Tell them you would like to pay your debt but want to pay them, not the sleazy CA. See what they say. Have you sent the CA a DV letter yet? If not, I would. Also, you may want to check the MA statutes for assignment of debt. In KS, we have a statute that provides us the right to pay the OC if the CA/JDB doesn't provide "proof of assignment" proving they're authorized to collect on the debt. May try that angle too. Good luck. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted June 14, 2007 Report Share Posted June 14, 2007 you may not have a choice.. if this bill is over 180 days old chances are they sold it to someon else since they by law had to write it off.. if its in the hands of the CA you may have to deal with them. we are not talking a large amount of cash here so call the CA.. get it in writing send a money order and move on so you can go back to school Link to comment Share on other sites More sharing options...
aadam101 Posted June 14, 2007 Author Report Share Posted June 14, 2007 The strange part is that the school originally told me that the CA had the debt. When I called the CA they told me they no longer had the account but he would contact the school and ask then to reopen it which they did. I wish I did not let them do this.The total amount of the bill from the CA is $658.80. The CA is charging me a fee of $109..80. I owe the school $549.00. I am sure of this because I am to login to my school account. This is the shadiest bill I have ever seen and i just can't bring to myself to pay it this way.I guess I will contact the school and see if I can pay them directly. Link to comment Share on other sites More sharing options...
merkurfan Posted June 15, 2007 Report Share Posted June 15, 2007 can you pay the school online?? I just did this to a CA, I called the OC (A cable company) entered the account number in to their automatied bill pay system, it reported me the total (minus all the fees the CA tacked on) and it accepted my payment. I called the OC 2 days later, asked them for a fax saying my account was paid in full. Got that fax, made a copy and sent it allong with my DV/FOAD letter to the CA..CA mailed back and said they where closing my file. Link to comment Share on other sites More sharing options...
justincase Posted June 15, 2007 Report Share Posted June 15, 2007 That's why you stay off of the phone with those jerks, sounds like to me you woke a sleeping giant. I would have just sent check to the school, watch how fast they would have cashed your check. I still would send it just to see what they do with it. If they don't, do Like MadinKS suggessted and DV them. Also if they bought the debt demand proof of assignment and purchase of same. Link to comment Share on other sites More sharing options...
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