![]() |
My wife and I are suddenly receiving phone calls from 6+ debt collectors. Right name, wrong person...Help...
My wife and I have zero debt and use USAA credit monitoring service. Our credit scores are 750+ and we are literally debt free except for monthly credit card statements which are paid off each month.
Starting last month we each have been receiving phone calls from different debt collection companies that have our phone #'s and our names. We don't know how/why this started but want to stop it whatever it takes. Until now I have been sending out the standard form letter requesting that all future contact be in writing and that we request debt validation. Each time it requires a trip to USPS for a certified/return receipt letter. Is there anything else we can do to stop these phone calls or remove us from whatever call list they received. I would even consider using an unlisted phone # if you thought it would solve the problem. Please advise as this is getting very frustrating... Thanks in advance... |
Something similar happened to me a bit over a year ago.
Each time they called, it would be mid-day or very late evening (different call centers, I suppose). Finally I answered two or three of them, told them they were reaching the wrong person. After the third call, I asked which company they were calling for, then asked to be transferred to a supervisor. If they pushed back, I stated that either I spoke to a supervisor, or I would contact my state Attorneys General and have their company sued for wrongful telephone contact under the Do Not Call act of 2003. Each time I spoke to a supervisor, I gave them a tiny bit of personal information for comparison - my zip code and only the digits of my home address - and when they discovered they were incorrect they stated "No, I'm so sorry, we're removing this phone number from our records." Worked so far. |
Easy.
Get the cheapest answering machine you can and screen all your calls. Also, pull a copy of all three of your credit reports to make sure no funny business is going on. Last, freeze your credit with all three credit bureaus then cancel the credit monitoring service - it's a waste of money. |
Don't waste this opportunity! There is nothing, I repeat, NOTHING you can do or say that will make these bottom feeder maggots stop calling you. I know, I worked with this industry for 5 years. So have some fun with them! Promise them payments! Get them to send you an overnight pickup for a check and then send them an empty envelope! See how long they will remain on hold while you "go look for your checkbook". When they call, turn up the stereo, put the phone on speaker and try to have a conversation with them. Tell them it's the neighbor if they ask you to turn it down an dkeep interupting them with "what??".
Seriously, don't lose any sleep over it. Most of these companies are small fly-by-nights. Threatening them will do nothing as they are used to it and if/when the heat gets too high, they will re-incorporate and be back the next day under a new name. The "supervisor" that you get transferred to is the guy in the next booth. |
This happened to me. A collection company had gotten my maiden name (person with the same name had the debt) and started sending letters and phone calls. I contacted them via phone and letter. I stated that they had the wrong individual and would sue them for harassment if they continued to contact me. I also cc on the letter to an attorney friend of ours. Suddenly the calls and contact stopped.
I wouldn't promise payment on debt that isn't yours. If you want to mess with the callers and waste their time (and yours),then do it. I would take the time to check your credit like others had mentioned. If you're worried, you can freeze your credit. I would write a strong letter to the offending company. I would screen your calls. Worst thing that happens is they keep calling you. Do not give these people any information - like your social,etc. Slipgate is right - they are bottom feeders. |
The Supreme Court recently ruled 7-2 that you have the right to sue abusive collectors who are hounding you about debts you don't owe. here is what you do if they are still bothering you.
1.Always record any calls from/to a collector. This way you will have evidence in court if they are still harassing you 2.If your debt is outside the statute of limitations, you are not required to pay up. 3.You have the right to tell a collector never to contact you again. Use a drop dead letter and send it via certified mail. |
3 things you can do:
1) Cancel you current phone number & get a new number, pay $1 for the unlisted option 2) Get Google Voice 3) Give everyone your Google Voice number |
I had a similar problem with debt collectors calling but for the people who had our phone number before us :rolleyes:
I bought this [amazon.com] phone which has a "Call Blocking" feature. After they call the first time I add them to call block via the phone. The phone will no longer ring when the number calls again. |
They are not suppose to call back if you indicate that you're not the person they are looking for.
Regardless if they have the same name. Most if not all debt collection agencies have records to the credit profile as well as their SS# (either entire or last 4)... |
Happening to me right now. They keep calling for some person that hasn't lived at the place for atleast the past 10 years, if ever! I keep asking them to stop calling but they keep on calling so now I just say lemme check, please hold, and put the phone down and come back about 5 minutes later and just hang up :D
I have come to actually enjoy that! |
Quote:
2. Your not 100% right there... Your still legally in debt to them (if they can prove it) and still obligated to pay them, however if it's past the SOL then they can't obtain a judgment against you for this debt if you use this as your defense. 3. Right on the money there. Stay off the phone! I would word the letter that only mailings are acceptable form of contact and get the letter out immediately! wait a reasonable amount of time after you get the green card back (return receipt) and if they continue to call then get a lawyer because you have some money coming to you. -edit- Also, about the 7-2 supreme court ruling... what???? FDCPA has been around since the 70's and was put into place because of abusive collections. I think what your referring to is the bona fide error excuse.. Might want to check on that :) Quote:
2. refer to #1 3. refer to #1 |
Quote:
I think he's referring to the 2010 US Supreme Court case of Jerman v. Carlisle, McNellie, Rini, Kramer, and Ulrich. It was about the Fair Debt Collections Practices Act (15 USC 1692 on ward), but did not actually concern the right to sue collection agencies who hound you for debts you don't owe. The FDCPA makes it really clear that that right to sue exists. What Jerman was about was the right to sue collection agencies who act on mistaken beliefs of what the law allows. That's the bona fide error defense and, according to the USSC, debtors can sue collection agencies when the agencies act on erroneous beliefs of what the law allows them to do. If I were the OP, I'd look up the FDCPA, specifically the part about validation notices. Collection agencies are supposed to mail you a written notice a few days after contacting you (usually by phone -- the FDCPA specifies rules for this too). The notice is supposed to specify a way for debtors to dispute the debt at issue. You do it in writing within 30 days or something. One way to dispute it is to say that you don't actually owe the debt, like if the real debtor is someone with your same name. The collection agency is supposed to investigate and determine the validity of the underlying debt by, among other things, providing you the name and address of the creditor (the party to whom the debt is owed). If the debtor is really someone else, the investigation should reveal this pretty quickly. The FDCPA is nice because, if you keep detailed enough records, you can sue the collection agency in (among other places) small claims court for violating it. I live in CA and a former coworker of mine (husband was a lawyer - nice guy too) did this a few years ago. Anyway, hope that helps. |
I would get a call from a debt collector probably once a year it seems it happened every year. Each time I called back and gave them enough information for them to verify I was the wrong person. They actually were friendly about it and the calls would stop until the debt got sold off again. They basically were getting my name from the internet there was someone else in the area with the same name. But if you have 6+ calling something is up.
|
Quote:
|
Quote:
|
|
Quote:
|
Quote:
and the successful troll, is successful. |
Quote:
|
You should find out how much they believe you owe and all the information you can get instead of dodging their calls. Total dues, when they were made and what companies do you owe this money to.
It could be possible that your identity was stolen and someone has been racking up charges and loans in your name. They do target people with great credit because they know you will get approved for anything they want. I would get some kind of identity theft protection service just to be safe. |
Happened to me many times, call to my home at 8:00am in the morning while I am asleep, told him wrong person, either they refuse to believe, or make the same call the next morning, (hangs up before I can finish saying I want you to delete this number from the list). Now I just pretend to speak a foreign language (not Spanish). :D
|
There are federal laws and often state laws that punish abusive debt collection practices. The Fair Debt Collection Practices Act (FDCPA) provides for statutory damages and damages for each violation, i.e, each call after you tell them you are not the debtor and to quit calling.
The FDCPA also provides for attorney fees, so there are many attorneys out there that take these cases for free because they are assured of atty fees. I would advise you to get all of the company name, phone # to call, then tell them you are not the debtor and they are not to call you again. I also start my call by telling them I am recording the call for for quality assurance, whether I am or not. In my state it is a crime to record a conversation without the other party's permission. It also makes the collector or telemarketer behave. You need not provide any information to the collector. All you need to say is that you are not the debtor in question and that you insist that they never contact you again. Keep a log of call times and content and parties. Contact an FDCPA atty in your area if the calls do not cease immediately. There can be money in it for you. |
When you answer the phone call, make your first sentence "Hello. This phone call is being recorded" If they don't hang up on you right away and never call back (which often happens), you can then tell them that you are not the person they are looking for and if they call back you will provide recorded evidence to the FTC and file a claim against them. Often debt collectors don't fear threats because they know it's hard to prove that they are not following the rules. If they think you have a recording of you telling them to stop calling, they prolly will.
|
Quote:
Record any and all violations they make persuant to FDCPA, Do Not Call, and other fed or state laws. Sue them. You'll find that they suddenly are very responsive and promise to settle and never call you again. You may or may not want to settle. |
| All times are GMT -7. The time now is 06:51 AM. |
1999-2009