Mitchell N. Kay & Agencies Collecting Same Debt, Same Time

[bbgstartingover]

Hi All,

I'm going to try and wait to file Ch. 7 either end of April or beginning of May after I've successfully extended my car lease -- that assumes all goes well with that and nothing else comes up that might warrant me filing sooner.

On that note, collection calls have started up again the last ten days. I received a letter dated 2/10/08 from Nationwide Credit for the AMEX debt and it looks legit (says make check payable to AMEX). However, this week, I received both a letter (dated 3/10/08) and a call from the "Law Offices of Mitchell N. Kay" in New York for the same AMEX debt. I googled these guys and found a lot of consumer/FTC/Attorney General complaints and class action lawsuits filed against them for unethical collection practices and violations of the FDCPA, as well as some info questioning if they're even legit (an actual lawyer/law firm and/or collection agency).

I also found info stating it is illegal for two different collection agencies to attempt collection of the same debt at the same time or within 30 days of each other. Is that correct? The other interesting thing is that on the Mitchell N. Kay letter, there is no license, registration or agent #, and it says make the check payable to them -- not AMEX.

I obtained copies of my Credit Report on 3/6/08 and neither one of these agencies are on there and there are no judgments listed. Do you think I should send them both a debt validation letter to verify who actually owns and has the right collect on the AMEX debt? Are there any sample letters you can recommend or provide (I found some on the internet)? Obviously, the 30 days is up from the date of the Nationwide Credit Letter (2/15/08), but these Mitchell N. Kay guys are ruthless from the posts and info I've been reading on the web. If they're not even legit, I'd like to nip them in the bud as soon as I can.

What do you guys think?

Thanks so much in advance.

Wish you the best,
bbgstartingover

[ssdsco]

Hi All,

I'm going to try and wait to file Ch. 7 either end of April or beginning of May after I've successfully extended my car lease -- that assumes all goes well with that and nothing else comes up that might warrant me filing sooner.

On that note, collection calls have started up again the last ten days. I received a letter dated 2/10/08 from Nationwide Credit for the AMEX debt and it looks legit (says make check payable to AMEX). However, this week, I received both a letter (dated 3/10/08) and a call from the "Law Offices of Mitchell N. Kay" in New York for the same AMEX debt. I googled these guys and found a lot of consumer/FTC/Attorney General complaints and class action lawsuits filed against them for unethical collection practices and violations of the FDCPA, as well as some info questioning if they're even legit (an actual lawyer/law firm and/or collection agency).

I also found info stating it is illegal for two different collection agencies to attempt collection of the same debt at the same time or within 30 days of each other. Is that correct? The other interesting thing is that on the Mitchell N. Kay letter, there is no license, registration or agent #, and it says make the check payable to them -- not AMEX.

I obtained copies of my Credit Report on 3/6/08 and neither one of these agencies are on there and there are no judgments listed. Do you think I should send them both a debt validation letter to verify who actually owns and has the right collect on the AMEX debt? Are there any sample letters you can recommend or provide (I found some on the internet)? Obviously, the 30 days is up from the date of the Nationwide Credit Letter (2/15/08), but these Mitchell N. Kay guys are ruthless from the posts and info I've been reading on the web. If they're not even legit, I'd like to nip them in the bud as soon as I can.

What do you guys think?

Thanks so much in advance.

Wish you the best,
bbgstartingover

Just in case your BK7 gets delayed I'd DV both agencies. Send a certified letter saying you want to exercise your rights under FDCPA for a debt validation. Pretty simple letter. You can also include a request to stop all calls or stop any type of communication.

I'm not sure about the 30 day question.

[jp2861]

DV'ing either of them is a waste of time and energy. It simply won't accomplish anything. Just add both of them as collectors for the original debt when you file. I also has a letter from Kay in NY. I told them I was filing and never heard a peep from them. The bottom line is that you are filing and need to add the collectors. It's a different scenario if you weren't filing. Then I would DV them. In this scenario a DV is useless.

[GoingDown]

DV'ing either of them is a waste of time and energy. It simply won't accomplish anything. Just add both of them as collectors for the original debt when you file. I also has a letter from Kay in NY. I told them I was filing and never heard a peep from them. The bottom line is that you are filing and need to add the collectors. It's a different scenario if you weren't filing. Then I would DV them. In this scenario a DV is useless.

True, if the original poster is filing bk soon, then DV letters are a waste of time. And most of the time, sending a letter by certified mail is a waste of money.

If you want to get them to stop calling you on the phone until you file bk, just send them a letter by regular mail stating: "In accordance with the Fair Debt Collection Practices Act, I demand that you cease and desist from any further communication with me." Most likely they will stop calling you after they get that letter.

I've dealt with a lot of collection agencies over the years, and this was one of them. As soon as they got my letter, they stopped calling me.

And definitely list them when you file bk.