sub00

True or false?... Section 807 (10) of the FDCPA

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not on my watch

Edited by sub00
not on my watch

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On a past due balance, where payment has been demanded in full, the consumer has no "right" to make partial payment. Even the least sophisticated consumer is expected to know that nothing less than full payment will guarantee the cessation of collection efforts. See, e.g., Ramsire v. Collectcorp, Inc., 2005 U.S. Dist. LEXIS 30860 (N.D. Cal. Nov. 17, 2005).

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However, the question is not whether the consumer has a right or not to make a partial payment (that is negotiable) but rather

Actually, it is - since you are claiming that it's a violation to demand payment in full when the debt collector knows that a lesser amount may be accepted.

If that were indeed a violation, then one could make a case that virtually every merchant in America is guilty of deceptive trade practices - from the car dealer who asks for more than he knows he'll settle for, to the pawn shop owner who haggles over how much he's willing to pay for your scrap gold.

Regardless of the context in which the question is presented, the consumer has no reasonable expectation under the law to assume that anything less than full payment is acceptable.

In reality however, the scenario you are describing amounts to simple settlement negotiations - a series of offers, rejections and counteroffers to which no party is bound without mutual assent and consideration - and even then perhaps not until reduced to writing.

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I think you'd have to be able to prove:

A) that the OC agreed and is still agreeing to a lower amount

and

B) The CA made and is still making the claim the OC would only accept full payment.

"Demanding" payment in full is not saying "The OC will ONLY take payment in full." I'd think it would be almost impossible to prove both of these. If you could then obviously the CA is lying which I would think violates that, but of course the OC could just say they changed their mind and you'd have nothing.

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The consumer can go back to the original creditor and ask them straight up if they will take less money to settle the debt, and if they say yes then tell the original creditor that the collection agency is not participating in a fair manner. And if they are in fact willing to accept lesser payment that they recall the collection from the collection agency and settle direct with the consumer them self.

It is hard to get an original creditor to cut out the collection agency, but it would be so nice if they did. Because then the collection agency would have to remove their listing off your your credit report. I don't think the original creditor would be willing to negotiate favorable reporting on their listing though. That would be like trying to have your cake and eat it too. They would consider you lucky for just having gotten rid of the collection agency.

Just make sure to get the agreement in writing, to prove to the credit reporting agency that the collection agency has in fact been recalled.

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Be sure if you pay, that you get the agreement in writing. Also if the difference between what you owed and what you pay in the end is more than $600, you might be seeing a 1099-C for earned income to be taxed on.

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Hey, nice to see you again, I have been off exploring the Internet world of credit message boards. Gaining more experience, and securing employment with my favorite hobby. lol

I realized that the heavier traffic boards don't always feel comfortable for me, I like to keep a low profile and at the same time lend my knowledge to smaller message boards that don't have the benefit of the larger boards. Sometimes I look for new boards that are just starting, and make it a point to contribute key data, the board will need to succeed.

I do promote the heck out of Credit Info Center as well as other boards, I still consider us to be one big happy family out here on the Internet. When I see someone with a problem I know someone else is better capable of instructing on, I will send them to what ever board I know has that person with the expertise.

Recently I have been given additional opportunity to branch out on other message boards again, I can say that I did miss being here, more input requested then on the smaller boards.

I divorced that a** that I was married to, was so sorry for all the drama before.

I am back in college now, and just recently got a job as a writer for a major web site online. I plan to go into business and publish a book, maybe even get back into the credit bureau field, I miss working for the credit bureau. Instead of talking about credit, I did have more of an active role in helping consumers on the inside. lol

I will be dropping in more often now, my medication has been adjusted just right, and all is well. I even got remarried, pretty exciting time right now.

Oh I seen a recent post by Adsoft, I use to keep up with Retmar still have his e-mail address, I miss some of the old members, since I have been back I had not seen hide or hair of some of them. I think I am going to try to get back in contact see if I can get them back on the board.

How has things been going for you? I see the site has been doing good, you almost gave me a heart attack when I came back and didn't see the ID Theft section, lol Until I realized you had moved it. lol

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I divorced that a** that I was married to, was so sorry for all the drama before.

I like your spirit! You sound A-L-I-V-E! [LOL!] I'm very pleased to make your acquaintence. Please accept my best wishes with success with your current and future endeavors.

PS: Please feel free to provide the inside "skinny" on the credit bureaus. I'm all ears!

Cincinnaticus

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virtually every merchant in America is guilty of deceptive trade practices.

I agree with that. :lol:

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