QUESTION
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Posted by life (65.100.186.235) on January 14, 2003 at 00:39:51:
I agreed to pay on two newer accounts that a collection agency has. Nast divorce, blah, blah, blah... I have made six payments on time to each of these accounts to the Agency. I have other debt with the Collection Agency which is nearing the seven year reporting period to drop off. These payments that I have made to the newer accounts have been applied to the older accounts first according to the Account Manager. Though I have specifically and explicitly requested that each payment made go to the two newer accounts as agreed. I have explicitly indicated this on both the payment, and in a seperate enclosed letter with each payment. Two months ago I began requesting a statement of my payments and to which acounts they were being made. I have recieved two printouts which do not reference accounts, and do not reference payments posted to the accounts in question. When calling to confront the Agency about their actions, I was quoted the Fair Debt Collection Practices Act Section 808 (1). I was told according to this Act it is legal to verbally agree to pay on one account, and have it applied to another earlier debt account to satisify the seven year reporting period allowing older debt to be renewed. And that they applied any of the amount to the two requested accounts was a mere courtesy My concern is under the FCRA that my right to have this older debt be removed from my credit reports has now been violated by this bate and switch tactic; essentially negating my rights under the FCRA by renewing this debt against wishes by agreeing to pay on one account and having that payment applied to another. And what about the accounts I'm actually trying to pay at this agency? If this is unfair these payments should be reversed and the old debt should drop off according to the FCRA, and the payments should be reapplied to the accounts agreed to be paid. I know I'm in a world of hurt, and I hope in sharing this in the right forum. I've read soooo many of the FAQ pages here, and they have been very helpful, but I need some concrete help from somebody who knows this tactic? Desperately Feeling Guilty for the stupidity I created in my twenties, Colorado
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