Expert: John Hall - 3/11/2004

Question
Thanks for the prompt response.  I actually have gone online and found several good templates for the letter to the collections agency, and have printed off a copy of both the Fair Credit Report & Fair Debt Collection Acts from the FTC's website.  The reason for the inquiry as to legally whether I can be forced to deal with the collection agency is that it's the Vet/Owner that is stating I need to deal with them and not to send him the payment.  Thus, the question of my obligation to repay the debt if the original debtor is refusing payment.  Does that make sense?
John



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Followup To
Question -
Hopefully this is a simple question.  I have a vet bill that has gone to collections.  Was not able to pay it at the time (three months ago).  I have no problem paying the bill at this time.  I called the vet to pay them directly, and have been told that I have to pay the collection agency and that they, the vet's office, will not accept my payment.  If they refuse my payment, am I still obligated?  Do I indeed have to deal with the collection agency?  Your input or direction on the legalities here is greatly appreciated.
John
Answer -
Send the payment (without any added fees) directly to the vet, made out to the vet, along with a letter (keep a copy) that says something like "Enclosed is $______ as payment for my bill to the Jones VEterinary clinic" or whatever it is.  Then send a letter to the collection agency telling them that they are notified under the Fair CRedit REporting ACt not to contact you again.  keep a copy of that letter too.    and find yourself another vet, if they are going to treat you that way -  my bet is that the receptionist is just not trained well and that she thinks that their contractual relationship with the collection agency prohibits them from receiving the payments.  Your actions here will get them off the hook.

Answer
Technically and legally speaking, your contract is with the vet, not the vet's assignee, so if you deal with the collection agency instead of the vet, it is only as a courtesy to the vet, which at the moment is not showing you much of.  

shut down the assignee with the FCRA letter, offer to pay the vet, and if the vet returns your check (which my bet is that it won't) then you have a defense if they sue you (which they won't).