Debt sold to two collection agencies - now fighting HELP?

Recently, my fiancee had been informed that a judgement was passed on his Household Bank credit card that was in collections. They officially %26quot;sued %26quot; him and took action and froze his bank account a week before Christmas.

Last week, we were served papers from ANOTHER collection agency claiming to have the debt. They apparently bought this debt back in September of 2007 but had never made any contact with us until now.

Right now, nobody has any idea who owns this debt and who my fiancee should pay to get it taken care of.

Did the original company who froze his bank account have any right to do this since they sold the debt in September?

What actions should we take?

Debt sold to two collection agencies - now fighting HELP?

I totally agree with chatsplas

Your fiance needs to discuss this with a %26quot;consumer credit%26quot; lawyer.

In the end, your fiance %26quot;may%26quot; find that one or both collectors actually owes him money for their violations.

Many lawyers will give a free first consult. When your fiance calls for an appointment he should ask if that lawyer does.

If the lawyer is well versed in consumer credit laws (the only type your fiance should use) and the collector(s) have violated your fiances rights, the lawyer %26quot;may%26quot; take the case on a contingency basis (discuss that point with the lawyer)

If your fiance speaks with a lawyer, he needs to take every bit of information with him. Copies of every dun letters or legal letters from both collectors, copies of his credit reports, copies of the service papers from both collectors, copy of the recorded judgment (he can get that from the court clerk - %26quot;be sure%26quot; the service papers from the process server is included in with his copy of the recorded judgment)

Take copies of %26quot;everything%26quot; to the lawyer.

Debt sold to two collection agencies - now fighting HELP?

I have worked in collections for over ten years, and I can tell you that companies do not normally %26quot;buy or sell%26quot; debt as you are thinking. They get paid a precentage of fees on the account. If a judgement has been issued, then send the other collection agency a copy of that judgement, and communications should stop.

Debt sold to two collection agencies - now fighting HELP?

Consequences for past choices are catching up with you two.

No one can get a judgment without serving you, notifying you of court filing and giving an opportunity to appear and give your side. Did he blow this off?

This is a mess and will take perseverance to unravel it. Start by going to court clerk and getting the docs, finding out attorney, who to contact.

Debt sold to two collection agencies - now fighting HELP?

Send this letter to both agency%26#039;s and check with the court house as well. g/l

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

Dear Scumbag Collector:

This letter is being sent to you in response to a notice sent to me on February 15, 2007. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for 閳ユ抚erification閳?or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

* What the money you say I owe is for;

* Explain and show me how you calculated what you say I owe;

* Provide me with copies of any papers that show I agreed to pay what you say I owe;

* Provide a verification or copy of any judgment if applicable;

* Identify the original creditor;

* Prove the Statute of Limitations has not expired on this account

* Show me that you are licensed to collect in my state

* Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau閳ユ獨 (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

* Violation of the Fair Credit Reporting Act

* Violation of the Fair Debt Collection Practices Act

* Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

Also include a limited cease and desist clause.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature

Your Name