Sears Collections keep calling but wrong number!

[Anisah_H]

I've been getting calls for a Jessica for a few weeks, mostly just ignored them, on my kids cell phone. Finally I called them back, it was Sears Card Services (collection department when I googled them). They called 2 times today but hung up when my kids answered. Finally I called them back, told them this is a new number, no Jessica here. The woman said they would take the number out of the computer.

Well guess not! Just a couple of hours later, another call from them! I wanna send them an ITS letter if they call us again, i will take their butt to court. I'm trying to figure out exactly how to word it, any advice would be appreciated! I don't want to sound like a lawyer is sending this, but would like to sound like an educated consumer. What I have so far is:

***

Sears Credit Card Services

PO Box 6923

The Lakes, NV 88901

Regarding: (555) 555-5555 Calls to this cell phone from your collection department for someone who does not have this number

Dear Madam or Sir;

I have been receiving telephone calls on my children's cell phone number for the past few weeks from your company, asking for someone who is not nor has ever been in our household. This cell phone number is new for us, we got it several months ago. The person you are trying to reach (Jessica ..., not sure of spelling, name was left on voice mail message) must have had this number previously. I have no knowledge of the person you are trying to reach.

After I told the callers repeatedly more than once that there was no Jessica at this number, they resorted to hanging up when one of my children answered the telephone (twice today: once at 8:31 am, and once at 1:59 pm. Today I called the number back at 2 pm, and told Marissa that there was no knowledge of any Jessica at this number. She said she would delete the number from the file. HOWEVER, at 5:55 pm today there was another call!

If I receive any more calls, I will consider it harassment under The Fair Debt Collection Practices Act section 805, harassment or abuse, and will pursue legal avenues against your company. I understand that you have a business to conduct, but I do not want to receive repeated telephone calls for someone who I do not know.

Sincerely yours,

Me

***

Do I have a legal case against them if they do keep calling? If so, how do I word my letter above? I know it doesn't sound good as I have it but I don't know how to put it. I don't know if it's a CA per say, or just a department of Sears. I have been coming here for a while but haven't actually started working on my credit, so this is the first letter I'm sending out, which ironically has nothing to do with MY credit!

If I hadn't been coming to this site, I wouldn't know my rights under the law, now I want to kick their butt!

Thanks Everybody!

Anisah in NJ

[DocDon]

I think the letter itself should suffice - just make sure it gets to someone at their executive level.

[Anisah_H]

I think the letter itself should suffice - just make sure it gets to someone at their executive level.

You mean CEO or someone like that?

[DocDon]

Anyone at their executive level - usually a string of VP's in charge of something - like a VP of Consumer Affairs or something. Certainly addressing it to their CEO will get your letters into the hands of their assistant who may forward it to the appropriate party.

[retmar]

I agree, but, I have a question. If this is Sears Internal Collection Department, are you sure they are bound by the FDCPA in your state? If not, it won't fly as to your intent. You would have to use other avenues.

Therefore, I would call them again and simply state in a very firm voice that you want the biggest boss in the building on the phone now. I have done this with great results. Then clearly explain the problem and demand it be resolved immediately or you will seek legal counsel to assure it is. Never failed me. To include, for a while I was receivng this same type of call from Penny's. Yes, there were others, but, they were easy (I had fun). It turns out our number had previously belonged to someone with less than honorable intentions. The worst part is that my first name is the same as this person, so, I would answer in the affirmative to whoever. Then, the fun began when I went off on them again and again. Each time they would claim to stop, then, here they are again. Enough was enough as I finally got it done. Have only had one call in the past 2 yrs now from some company. They apologized and all was done.