Trying to collect two accounts at once

[JF1]

I have one last collection on my report for 39.00 and figured I'll just call and offer a PFD over the phone. The lady who answered the phone said we accept payment in turn for deletion before I even said anything, I thought great news. She told me I have two accounts in collection with them and they cannot accept payment on just one collection, it has to be both accounts. My CR is only reporting one negative TL from them Is this legal? I remember the other account she was talking about, but I believe I got it deleted because it is out of SOL. And I somehow cannot view any of my past credit reports. Question is, is there anything under the FDCPA that states a CA can tell me they can only accept payment on both accounts or nothing at all?

[Hal Jordan]

No man, there's nothing in the FDCPA about them accepting payment for one, both, partial or anything like that.

That is just their way of getting you to pay for the other SOL debt they have. They can't get payment any other way on that old debt and they are holding removing the other one from your reports as leverage to get you to pay it. It's completely their choice. Their "policy".. but nothing defined under the law as somethng they must do. They are simply trying to strong arm you.

How much is the other debt for?

[JF1]

The other debt is for 200 I believe. Is there anyway I can prove that the other debt is out of SOL? I can't find my old CR with the DOFD with the out of SOL one. If I can they are technically breaking the law by trying to collect and I could send an ITS letter right?

[Hal Jordan]

Nope.. sorry but just because it's SOL does not mean they don't have the right to try and collect the debt. They can try and collect that debt for another 50 years. It being outside of the SOL does not absolve you of the debt. It just means they can't sue you and win in court (as long as you show up and use SOL as your defense). They can even legally sue you and win. You have to prove to the judge it's SOL. And if you didn't show up they could win a default judgement against you and you would become liable all over again through the courts.

A lot of places don't wipe the debt off of their books. For example. Let's say you rent a boat while on vacation in Florida. Something happens and the boat people don't get paid. They report you to a CA. 20 years go by and you go back to Florida to try and rent a boat again for another trip. You go in and try and they tell you nope, you still owe us from your last boat rental and we won't rent you another boat until you pay for the old one. They are perfectly within their legal rights to deny you service to try and collect the money they are owed.

I'm sorry but they are perfectly within their legal rights to do what they are doing. They are just using PFD as leverage to get you to pay the older more expensive debt. To be honest.. If it were me that was owed money and that was the only thing I had to try and get paid I would do it too. That PFD is all they have now that the case is SOL for them to get paid and they are using it.

My advice.. It's not that much money, I would pay the old one and the newer one off as long as you get some kind of statement in writing or recorded over the phone saying they will consider the matter satisfied and will remove anything they've posted to your reports upon payment. Otherwise... who knows if they'll keep their word.

[Lian]

FDCPA 810 relates to the collection of multiple debts by the same debt collector.
It states:

"If any consumer owes multiple debts and makes a single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer's directions."


It essentially prevents the debt collector from accepting a payment, and applying discretion beyond your instructions as to which debt it will apply to.

PFD offers are private negotiations. If their term of negotiation is that they will delete one only on condition of payment of both, and you agree, you have provided the required direction. I don't see anything illegal about their condition. You have the discretion to accept or reject.

[JF1]

Thanks for the replies. I sent a PFD offering 100 for 275 and change, for both accounts. I got an acceptance letter the next day. Thanks for the advice. If anyone is wondering the CA is Olympic Collections (OCI) Tukwila, WA