Two collection agencies - same debt but one without a dunning letter - any help?

[klink]

Hello all!

I hope everyone had a great holiday!

I am having an issue with two CAs trying to collect on an old debt. The debt is in fact mine, and I want to resolve the situation, but not sure how to proceed in this strange position.

Amsher has been the CA on the account for some time and I have tried to contact them via mail without success. I will try again soon, however, the Law Offices of M.N. Kay just showed up over the New Year reporting on the same debt. I never got a dunning letter from them at all (not sure if that matters...). To make things worse, on my TU report there is a 'BUR COL RECO' agency collecting the same debt, making that a grand total of 3 CAs after the same monies.

Is there anything I can do to get two of them off and pay the third?

Any help is greatly appreciated. Thank you all!!!!

-Klink

[willingtocope]

Call the OC. Pay them.

[klink]

I'd be more than willing to do this....

Is it a viable solution? The OC is no longer listed on my CR....

[Robert Nashville/Savannah]

I would suggest that before you pay anything to anybody the you need to properly vet anybody contacting you...at the moment it doesn't sound to me as if you know who actually owns the debt or who is supposed to be collecting it.

I'd start by calling the OC and try to find out from them what the story is...hopefully they will at least tell you if they still own it.

If they do still own it then try to work out an arrangement with them but if possible; get it in writing before you sent then any money.

You need something that says that once you pay $X dollars the debt is consider settled or "Paid in Full"....also try to get the OC to agree (in writing if at all possible) to call off their attack dogs (the CA/attorney, etc).

[klink]

Thanks Robert.

Say hypothetically they do not own it, and Amsher owns it. How might I go about getting rid of the other two?

-Klink

[Robert Nashville/Savannah]

Thanks Robert.

Say hypothetically they do not own it, and Amsher owns it. How might I go about getting rid of the other two?

-Klink

Regardless of who currently owns a debt (the original creditor or a subsequent creditor a.k.a. a “JDB”) you need information and it’s especially important to have information if someone other than the original creditor now owns the debt.

You need to know that anyone who claims to own the debt really does own the debt.

You need to know that anyone purporting to be collecting the debt on behalf of the current creditor really has the legal authority to collect it.

You need to know exactly how much you owe and why you owe it.

You need to know exactly how old the debt is (i.e.; whether it’s out or in statute).

Once you know some of these things then you can decide whether you have a legal obligation to pay and/or whether you should pay and how much you should pay and who to pay and/or you may decide you shouldn’t pay at all.

If/when you do pay, this information will help you negotiate paying the debt or settling the debt and doing so in the way most favorable to you and you’ll also know what CA you should be dealing with (if any) and what to do to get rid of any CAs that you shouldn’t deal with.

The best method to get this information is the Dispute/Debt Validation process (lot’s of information on the site about that) and by being persistent and consistent in what information you are asking for until you get it…if the creditors/CAs won’t supply you with what you need to make a rational decision then it will probably be time for a cease communication (C&D) letter.

There are some who will advise you that a consumer should never pay a JDB (for various/sundry reasons) and there are some who will say that you shouldn’t pay a debt if the debt is out of statute (regardless of who owns it) because the creditor shouldn’t be able to sue you and win…I don’t happen to share those opinions.

However, ultimately; you have to decide what is best for YOU and what you seek to accomplish and then follow your own conscious.

[klink]

Robert - thanks again for your outstanding help!

So I do know that the debt is still inside the SOL, and to be honest its not really that much. It was my own fault for letting this get into collections.

After I find out who owns the debt, would I just find the contact information of the other two CA's and DV them? Maybe possibly dispute via the credit agencies?

You are so awesome - thank you sooooooo much for the advice!

[Robert Nashville/Savannah]

If these other CAs are reporting on your bureau reports and/or actively trying to collect (phone calls, letters, etc) then you definitely need to address them in some way.

It sounds to me as if you need to do what is called the 1-2 punch (lot's of info on the site here) which involved disputing the tradelines through the bureaus and disputing/requesting validation directly from the CAs/creditors as it sounds to me as if one or two data furnishers probably shouldn't be reporting at all...then you'll know who you should really deal with to get this debt settled once and for all.

You should be able to find contact info on any CA/creditor reporting to your bureau reports but contact info can often also be found on this site and/or on the web in general.

[klink]

Robert - thanks for the great info.

So basically, I just find their info on the CRA site, and send out 3 DVs? If that is the next step I'll read up on everything that follows. Thanks again sir!

[klink]

Sounds great. So I am getting my DV/Unknown Debt letters together.

As far as I can tell, the 1-2 is:

1. DV the CA's

2. After about a week, dispute with the CRA's.

When I mail letters to the CRA's, do I just use the forms on their site, or craft a handwritten one?

-klink

[Robert Nashville/Savannah]

Sounds great. So I am getting my DV/Unknown Debt letters together.

As far as I can tell, the 1-2 is:

1. DV the CA's

2. After about a week, dispute with the CRA's.

When I mail letters to the CRA's, do I just use the forms on their site, or craft a handwritten one?

-klink

Letters on internet sites, this included, should be used as a guide only...you are far, far better off to craft your own letters.

Despite similarities, everybody's situation is unique and no matter how good a sample letter might be, there simply isn't a one-size-fits-all letter.

I'm not an expert on the 1-2 punch but as I understand it, you want to Dispute the debt with the CA and request validation (per the FDCPA) and, a few days letter; dispute the tradeline with the bureaus...the theory is that the CA's can't ignore your request for validation while concurrently validating the tradeline with the bureaus...please note, however, this is a "process"...it takes some work and it takes some time.

[klink]

Hey guys,

So I did in fact find out that T-Mobile owns the debt and I need some advice on how to proceed. I want to pay T-Mobile, and eliminate the three CAs trying to collect this debt from my CR. What should I do in order to make sure that the CAs go away.

Is there some sort of letter that I should send that asks the OC to guarantee that the CAs disappear? Please let me know any ideas when dealing with this final part of the equation...

Thank you all very much for the help!!!!

[Robert Nashville/Savannah]

Hey guys,

So I did in fact find out that T-Mobile owns the debt and I need some advice on how to proceed. I want to pay T-Mobile, and eliminate the three CAs trying to collect this debt from my CR. What should I do in order to make sure that the CAs go away.

Is there some sort of letter that I should send that asks the OC to guarantee that the CAs disappear? Please let me know any ideas when dealing with this final part of the equation...

Thank you all very much for the help!!!!

Talk to them.

Tell them you are willing to pay them but you want them to call off their collectors and that you want their assurance IN WRITING that their collectors will stop ALL reporting to the bureaus. Also try to get them to agree to either not report at all or to agree to report that the account was paid as agreed (no lates, chargoffs, etc).

Be prepared to pay in full to get this.

If they aren't willing to play ball or aren't willing to put this in writing for you then proceed at your own risk understanding that if they won't put a binding agreement in writing then you can assume they won't do what they promise on the phone.