Is the OC now considered a CA?

[jaime]

Tell me if this sounds right, this is the last portion of a collection letter sent to me (from the OC) which I received 20 September 2008. It has not been sent to collections yet but this is the stuff that comes at the end of the letter.

"this is an attempt to collect a debt. Any info obtained will be used for that purpose. Unless you dispute the validity of the debt, or any portion thereof, within 14 days, it will be assumed to be valid. Please consider this report as debt verification.

Unless payment in full or payment schedule is agreed upon prior to 24 September 2008, your account will be turned over to a collection agency.

In the event a collection agency or attorney is employed by Landlord to collect an outstanding Tenant account the Tenant shall be responsible for all costs incurred by the Landlord in the collection of the debt including all coleection agency fees and attorney fees."

Why does this not sound right?! The letter was sent (stamped on the envelope) 10 September 2008. It didn't get into my hands until 20 September...that gives me tomorrow to send a response, I've already started typing up the letter, but hasn't a violation already occured? Shouldn't I have 30 days? Since this statement is in the letter, do I have protections under the FCRA and FDCPA? Any advice? Thanks.

[Robert Nashville/Savannah]

An "original creditor" is never a "collection agency".

However, an original creditor can have an "internal" collection agency which can be held subject to the FDCPA (operating under a different name, etc so as to appear to be a third-party collector). But, since this appears to be a landlord/tennet issue, I doubt that a landlord would be large enough to have such an internal collection department.

Their time limit for you to reply is immaterial on its face as, unless there is a contractual agreement to the contraty (such as in the lease) or an applicable landlord/tennet law forbids it, a creditor can send an account to a collection agency anytime it wishes - they are under no obligation to gvive you time to respoind or to even inform you that they are sending the account to an outside collector.