Jump to content

CA Calling relatives - help


Aquamanlou
 Share

Recommended Posts

Hi folks,

I started using this board months ago as i began my road to a clean CR. You are all phenomenal!!!! I was fortunate in that as I started the journey and received my first reports time had healed the many wounds sustained. There was only one bad entry left and most of the details on the account was missing. I proceeded to leave it as its 7 year time frame is up this month. I hope it will be gone soon. I have since been able to purchase a new vehicle on a car loan received no questions asked, and I received a $10k Visa card three months later. I guess I paid my dues. I lived in hell since 1996 for all the debt I walked from.

So every now and then I still receive a threatening letter in the mail. I guess a leftover from someone with a glimmer of hope trying to collect. As well, every now and then the CA's call my mom's house looking for me. To be quite honest I have been able to avoid all of the collectors since day one. So lo and behold my mom gets a call today at her home. The usual "is so and so there" "its a personal matter". Well she blows it and tells them I am her son, but still gives no detailed information. Now I know that good old mom broke under pressure because she was nosey. I have told her countless times what to say and hang up the phone. So i proceed to call the CA and pose as someone else calling on behalf of my mom, not calling as myself. I tell them that she was not clear in her words and make up a story that she is ill. I continue in that I represented her and that they should remove her number from their database and stop the harrassing calls. I am adamant about it and I hang up.

Sorry for the winded story, but I guess the point is what can I do to stop this once and for all? Since I personally have been able to avoid any contact for years, the SOL in NY is up (6 years i think) and the credit report is pretty immaculate. Yet, they still call and send mail every now and then. The calls do not come to my home as stated, and the few letters that still circulate go to both my mom's and my home, but as I said there is never an acknowledgement or response for confirmation that the contact info is correct.....until today. Though I know mom did not give my phone number or information she did confirm that there was a relation. I dont know if my attempt at damage control helped.

Bottom line is that I am tired after 7 years or living hell and dealing with the consequences of a truly honest\goodperson being thrown into an unfortunate situation and business relationship that caused this mess. Can someone please give me an idea as to what I can do? I have the telephone number and contact of the person at the CA if that helps. Please anyone?

Link to comment
Share on other sites

I'm no expert, but if the debts are out of SOL, you can do a Cease and Desist Letter. I don't have one, but I am sure there is a link to one on the board, if not, one of the "Knowledgeable" members can help you draft an appropriate letter.

Anyone?

Link to comment
Share on other sites

Someone posted a link to WhyChat's Time-Barred debt letter.

However, to finish completing it you need to get the statututes of limitations reference information (WhyChat has a lot of them on the site)

Also, you can always, limited C&D any CA, asking that they only contact *YOU* in writing at your address, and to not call or write anyone else.

As always, send it certified return receipt requested...

Link to comment
Share on other sites

You will send an immediate C&D as mentioned by the others, except it will be to the point. You will demand that they C&D immediately as the debt is timebarred and they, or the OC, have no legal recourse to the debt. You will also state that in some states, it is considered Fraud and/or Extortion, a crimianl offense, to even attempt collection of a timebarred debt. The particular law you will cite as their main violation is FDCPA 807(2)(A) 15 U.S. Code 1692e(2)(A). You will also inform them they are in violation of FDCPA 807 (4) & (5). Also, they are in violation of FCRA 623 it they are still reporting to the CA's after the 7 yr. period. You will allow them 10 days from receipt of your letter to respond, in writing, stating they have closed account(s), will not sell, transfer, or reassign to anyone, have removed all negative info on your CR's, and have also removed all inqs. If they fail to respond to your demands, they will be named as a defendant in a civil suit. Create a rough letter for yourself, omitting all personal info, and post it here. We will critique it for you and give you the next step.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.