Two agencies trying to collect on the same account?!

Discussion in 'Credit Talk' started by ccbob, Jul 26, 2008.

  1. ccbob

    ccbob Well-Known Member

    This is a new one to me.

    I have two collection agencies trying to collect on the same account at the same time. Each one sent the "send us the money" letters on the same date.

    I'm sure that's a violation of something or another.

    In the meantime, while I crack open the FDCPA again, I'll be sending some validation letters and hope they keep calling :)

    Has anyone else heard of this?
    Is it an FDCPA violation?

    When I read that the downturn in the economy would inspire more collection activity, I never expected that to mean more than one agency trying to collect on the same debt at the same time!
     
  2. greg1045

    greg1045 Well-Known Member

    What probably happened is that the original creditor -two different employees within that organization sent the account to two different collection agencies.
     
  3. camden

    camden New Member

    i am not understanding this either but i received 2 letters from this company from 2 different accounts one for 6thousand something and the other for 2thousand something i dont know what to do about these can someone help
     
  4. jjgross

    jjgross Well-Known Member

    Camden you should repost as a new thread with a little more information about your problem.
     
  5. greg1045

    greg1045 Well-Known Member

    Get them to validate. Each validation should reflect the names of the original creditors.
     
  6. ccbob

    ccbob Well-Known Member

    That's what I'm in the process of doing, but from what they included in their letters, they look like the same account from the OC. It was a Master Card and the OC account numbers are the same.

    Could get interesting....
     
  7. greg1045

    greg1045 Well-Known Member

    So did you one or two cards with the original creditor?
     
  8. jam237

    jam237 Well-Known Member

    Actually, what really happened is more along the line of, CA#1 being assigned the account on the date, for some reason after sending the letter, they sent the account back to the OC, who sent the account to CA#2, who sent a letter for their collection on the same account.

    You can think of this as a game of hot-potato.

    Send a DV to both CAs, and you should root out which one really still has the account. (If both CA's validate, then you may have a real case for a false and misleading representation, since two distinct companies attempting to collect the same debt, on the same date, is definitely confusing to the unsophisticated consumer. You probably could make a case for it now, but it'ld be stronger after both try to prove that they concurrently have possession of the account.)

    Hey, feel lucky, I've seen an account have 3 CAs on the same day; and I know there've been consumers who have even had more than that. :)
     
  9. tkriverman

    tkriverman Member

    I had the same issue, but with four CA's what I did;

    Disputed the debt with the 3 CRAs on 21 Jul 08
    3 CA's dropped off my report by 25 Jul 08

    that left 1 CA and the OC, sent val letter to the remaining CA, waiting response from them.
     
  10. Dumb Bob

    Dumb Bob Well-Known Member

    Do they both claim to "own" the debt? Because this sort of bifurcation is exactly why when a debt is supposedly assigned, proof of that assignment is vital.
     
  11. ccbob

    ccbob Well-Known Member

    It's not clear from the letters if they are "owned." It looks more like they have been assigned instead of sold by the OC. We'll see what the DV letters turn up...
     

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