Can 2 debt collectors come after me at the same time for the same account?

Question

My husband had a credit card account (in his name only) with Providian that got bought out by Washington Mutual. We have had some financial difficulties over the past year or so and the account has gone into collection. My mother-in-law (who lives in a different state) has told us that she is getting calls for my husband. He hasn't lived there for 10+ years. They are also sending bills to her house. Are they allowed to do this? ALSO...we have 2 companies trying to collect the same debt...one company is representing Providian and the other Washington Mutual. We're not sure how to handle this and we're sure as heck not going to pay 2 companies for 1 debt. Please help! Hope this isn't too confusing. Thanks in advance.

Answer 1

I would tell them to send you proof of debt and then dispute it once you get copies of the same thing. You may need to see a lawyer.

I CAN tell you that them sending your husband's mail to his mom's house is illegal and them calling her more than once IS illegal also. It is a violation of the Fair Debt Collection Act thing. If you get a lawyer involved, you can get a flat sum or go for thousands and lawyers fees.

I know this because I just filed bankruptcy and my lawyer said we can sue the debt collectors that did this same exact thing to me except they were calling my in-laws and mailing my stuff there and then they added my husbands names to the mailings when it was my personal credit card account and I only had him listed as an authorized user. Authorized users are NOT responsible for debt. Only if you are joint on it is the other responsible. Once again, I know this from just having been to the lawyer this week and filing bankruptcy. He also told me this at my consultation back last fall.

The scumbag debt collectors I was dealing with pulled my husbands' parents' OLD address off of the internet. They started to call them and mail my stuff to them after I changed my phone number and they could not get ahold of me. They are just trying to get as many accounts paid as possible. They don't even pay attention to what the hell they are doing and will do anything to get their money. Mind you, I never have moved and they could still mail the stuff to my house but they started using an old address that I NEVER even lived at.

Hope some of this helps. I would see a lawyer truthfully. Maybe a bankruptcy lawyer. You don't have to file but maybe he can help you settle the account. Lawyers will do that too and straighten out the mess as to who you owe the money and so on and then sue the butts off of those debt collectors. Give them a dose of their own medicine.

Answer 2

You should take a look at the options you can find at: SAVE-FINDER.NET-

RE Can 2 debt collectors come after me at the same time for the same account?

My husband had a credit card account (in his name only) with Providian that got bought out by Washington Mutual. We have had some financial difficulties over the past year or so and the account has gone into collection. My mother-in-law (who lives in a different state) has told us that she is getting calls for my husband. He hasn't lived there for 10+ years. They are also sending bills to her house. Are they allowed to do this? ALSO...we have 2 companies trying to collect the same debt...one company is representing Providian and the other Washington Mutual. We're not sure how to handle this and we're sure as heck not going to pay 2 companies for 1 debt. Please help! Hope this isn't too confusing. Thanks in advance.

Answer 3

Well first thing is get the collection calls to stop from both ends. You need to send a certified letter to both companies demanding they cease with the calls, which under consumer law is your right. Next, gather up all the info on this account, how much you owe, how far in arrears, etc. Send another certified letter to BOTH companies proposing a settlement, start with 30% of the outstanding debt. One of them might take it or counter offer. if one does, then deal with that company only, inform the other you are in a repayment plan already. You should get rid of the debt and paying off what you can is the only way to do it. One misconception most people have about collection companies is that they work for the creditor, they don't. Instead they purchase debts from creditors at a percentage of it's original value and then try to collect the full value from you.. Depending on the age of the debt and the number of times it's changed hands your odds of negotiating a settlement vary. But they do it everyday. Might be worth a shot.

Answer 4

Believe it or not, yes, there can be two separate companies after you at the same time for the same account. The debt collectors love to compete against each other to collect that debt!!! As for them sending mail to your mother-in-law's house, I think the creditors may have that address listed as the current address and that's why they're sending them there. Just another little tidbit for you, you may want to check on the statute of limitations for credit card debt in your state. In Florida, for example, if there have been no payments made in at least 4 years, the statute of limitations is up and all the debt collectors can do is send me hate mail and continue trying to collect on the debt. Check out the following website for information for your particular state: www.ihatedebt.com. Good luck.

Answer 5

Depending on how old this account is do not admit to any of it. If it is coming close to being 7 years old since the first time you were late they are getting desperate. Because they know that when it hits 7 years there is nothing they can do. Do not answer the phone and do no admit anything. When it hits 7 years it is going to fall off of your credit reports. When they start really calling your home or your mother in laws means it is coming close to them not getting anything from this account. Problem is, is that people admit the debt and start paying and in some cases this will start your 7 years over again.

Answer 6

No, I would send a dispute letter to both companies and/or the bureaus as well. The link below provides a sample of a letter. The companies have 30 days to verify the claim and provide proof (not just a computer print out) that you owe the debt and that the original creditor has authorized them to collect on the debt. (Most cannot provide this info, especially for older debts.) If they cannot provide the proof, they have to remove the item or face fines. On a different menu tab in the site below, there is a link stating the fines the companies can face for what items as well as the statute of limitations for each state. (You don't want to lengthen the statute of limitations by contacting them and you don't want to pay for an item which they cannot legally sue you for. There is a different letter to send in that case.) Good luck.

Answer 7

They are likely calling and sending things to your MIL's phone/home because somewhere along the way she was indicated as a contact for him, probably when he provided references for the application way back when.

The two companies haven't compiled their facts well enough to realize this account they both want paid is one in the same. It is probably best to contact who ever is the main entity now, Washington Mutual most likely, and have them ensure that their Providian offices or contacts get their act together and stop processing against the same claim they are trying to get judgment for. Then from there, your husband might want to try and make arrangements to pay what is owed over how ever many months it might take him at whatever rate of return can be arranged.

That should stop things being sent to your MIL's as well as stop the phone calls...and the two debt collector actions should then disappear as well.

Good luck

Answer 8

Contact the original creditor. Request validation of the debt. If they say that they have sold your account, request that they send you a letter noting which company they have sold this to.

It is important to get this letter in your hands so as to maintain a written documentation and a papertrail that follows the money.

Once you have this letter, contact the agency that is holding your account and have them send you a letter validating the debt.

Whatever payment arrangement is made, make certain that you receive such an agreement in writing and maintain good documentation of all payments and correspondence.

Since your account has been 'sold' it is of the utmost importance that you maintain good documentation so as not to be pursued by yet another agency.

Your mother-in-law is receiving letters and phone calls in an attempt to contact the debtor and this information was obtained by either his original application or by one of the many resources a collection agency has access too for the purposes of locating a debtor.

Answer 9

You need to go to the company directly and handle this account balance. The two debt collectors can be extremely confusing. So to make sure, your money is going toward this account properly, speak to the original place you owe this debt to. That is the only way you can be ensured that your debt is really being paid off properly. Think of it this way. You don't know who, the people you owe the original debt to, hired to get it collected. They could make a poor choice in debt collectors and then you and the original person you owe the money to, are screwed. So, best to go to the original person you owe the debt to and settle this.

Answer 10

I'm no expert but if the 1 cmpany was bought out, the new company incurred that debt and is now seeking payment for same. I would contact the new company and get it in writting that they have your account their and its them you owe first. Make arrangements with them and settle it first.
As for the mail, all they are doing is trying to make it look like your husband lives their still and wont pay. If and when its needed, show proof where he has lived for 10yrs and that you have tried to correct this error. If you show you;re trying to clean up the matter and they are screwing up...it goes along way in your favour. Hope this helps