I have a situation that I could use some help on. I currently have two different collection agencies trying to collect on the same account. Only one is reporting on my credit files but they both have recently sent me letters. I sent a validation letter to the one reporting and got back a letter stating that it bought out the account from the "supposedly" original creditor. But the thing is, I never had an account with that particular company. They also threatened to turn this over to an "attorney in my area" if I don't take care of this. I am going to send another validation letter tomorrow but I feel this is going to end up in court. My question is, even though the other collection agency is not reporting this on my credit, can I name them in my lawsuit under the FCRA? I know I never had an account with the OC and also know that the collection agency doesn't have any proof of this. I am going for the maximum amount allowed if this goes to court. Any suggestions?
Big deal they (CA) bought a debt and is trying to make you pay for it. They still haven proven it's yours! They must VALIDATE this debt with you and furnish you with documents and competent proof the debt is yours from the Original Creditor. Not a printout from their stupid CA but valid proof from the OC. Until they have done that they do not have a leg to stand on as far as collecting the debt or suing for that matter is concerned. Send them a FULL Validation letter and Questioneer for them to fill out and send you back. Once CA is in receipt of Validation and Dispute letter you should then dispute this alleged account with the respective CRA. If they (CA) verifies with the CRA before you or does not list the account in dispute, you can then SUE THEM!! Can anyone say...Small Claims Court??? Cha-Ching$$$$ Tac
An update to this situation- I called the FTC to find out if maybe their was some kind of law that prohibits a creditor from selling an account to more than one collection agency. I was told that there is no rule that this can't be done. So, I said, if this WERE my account and I paid one of the collection agencies, what would stop the other agency from saying that I still owed the debt to THEM? This does not sound right to me although I am no expert. She also stated that the collection agencies DO NOT have to provide proof of a debt. So, I said, they can just say that the debt is mine, screw up my credit for 7 years without providing me any kind of validation and I just have to live with it? Yes, she said, unfortunately that's true. But that's not what the FDCPA says. If I weren't aware of some of these things, she could have told me this and I would have felt that there was nothing I could do but pay this debt that does not belong to me. But I feel that, even though there is nothing specifically on the books about this situation, I am about to be the test case for it. If, after 30 days, I do not receive validation from either of these companies, I am going straight for the intent to sue letter and then name the two collection agencies and the so-called original creditor as defendants in a lawsuit. And I also think they need to make the employees of the FTC read up on their laws because, apparently, they are giving out false information.
They gave me blatantly false info too. Info that directly contradicted their own opinion letters. Even gave me citations from the FDCPA to read, and the ones they gave me didn't even have ANYTHING whatsoever to do with the issue.
Well, I'm going to call back on Monday and see if I can get a different person. If I get the same wrong information, I'm going to ask to speak to someone in charge. This is ridiculous!
Big deal they (CA) bought a debt and is trying to make you pay for it. tac14033 =========================== They buy accounts not debts
I was told that there is no rule that this can't be done. So, I said, if this WERE my account and I paid one of the collection agencies, what would stop the other agency from saying that I still owed the debt to THEM? This does not sound right to me although I am no expert. She also stated that the collection agencies DO NOT have to provide proof of a debt. So, I said, they can just say that the debt is mine, screw up my credit for 7 years without providing me any kind of validation and I just have to live with it? Yes, she said, unfortunately that's true. drmgirl6 =================== Now don't this sound just like a puppet of the Credit industry? To think they are supposed to be working for us. Good thing they aren't against us.
Well, I called and spoke to another clerk yesterday (Monday) about this situation. Told him what the first FTC customer service rep told me and told him that the information given goes against their staff opinion letters. Folks, these people DO NOT know what they are talking about so don't ask for their advice or help. When I told him that their were particular case letters that stated that validation HAS to be shown as proof of a debt and that it HAS to be more than just a computer printout, his reply was "And it says that in the staff opinion letters?" Uh, yeah and you don't already know this? I get better advice from the people on this board for free than from the people who actually get paid to help me. I will read each and every staff opinion letter and send them a nice letter detailing my conversation with their staff and what incorrect information i was given. Absolutely incredible!
