Are these FDCPA violations?

Question

First some back-story.

I have a small dispute going on with my HOA which got sent to collections. The dispute is a special assessment which I planed on paying in full at the end of the period. There is also a normal assessment which is paid every month on the 24th (Due 7 days latter on the 1st) . Apparently they wanted monthly payments for the special assessment. I pay all of my bills online. The check from 12/24/06 was lost somewhere, and the account was sent to collections.

Fast forward to 2/07

I received a letter from this agency, and they added on $250 or so in fees, to the back special assessments, and the missing 12/06 payment.

I call them, and was told I would be called back. No call ever came.

I call back in a few days, and was told by the collector she already spoke to me and that she already told me how much was due. I have phone records proving no call from their office came to me.

My bank resent the missing check on 2/15. I made several calls to the agency and every time they claim they have not received this re-sent check. On 3/15 I discover that they had it all along as it was locked in the safe.
I am continuing to make my monthly normal dues payments to the association, however, they are sending these to the collection agency.
I receive a statement from the agency and they are piling on late charges for the monthly dues (which are being paid)

Today I receive a voice mail from the agency answering a question I had. This message had personal information in it. I thought debt collectors can not leave such messages on a voice mail?
So my questions are; Is it a violation to claim to have spoken to me, when they haven't?
..on either the original creditor (The association) or the agency to refuse payments of the normal assessment and pile on late charges?
..to not disclose they have in-fact received a check?
.. to leave personal information on a VM

Answer 1

That sounds criminal... If you can prove that they had the old check and didn't cash, you may be able to sue in small claims court. I haven't seen anything about not being allowed to leave voicemails with personal information.

Answer 2

They cannot refuse payments for any amount you give them. If you sent them a dollar, they have to accept it.

Second of all, they should be looked into. How would a business be so careless about the customer's checks?

Not only that, how can the collection agency assess any more charges if you are paying them?

It is a good idea to pay the original debtee. That way, they can take care of it, and they know that you are making payments. I would start asking a few more questions if I were you. Do not let them snowball you into anything. From now on, you should see if you can get recorded phone messages with them. If there is any more trouble, and you report them, you will have some proof that they are full of crap.

Answer 3

I haven't heard anything in this description that's a violation of the fair debt collections practices act per se. It sounds and can be defended as a clerical error. Complain to their local BBB. You can also complain to the FTC. The BBB investigates every complaint, the FTC only investigates if they receive many of the same kind of complaints. If you want to cut thru the mess, get a lawyer involved. Try www.wfwppl.com for an expensive alternative.