someone_else Posted May 2, 2005 Report Share Posted May 2, 2005 Getting repeat collection agency calls for a person (with our correct last name) with the GIVEN name which is the same as my spouse's NICKNAME (and naming debts to accounts we've never heard of).How do I get them to realize that they truly do have the wrong number / wrong person...WITHOUT offering them my spouse's real given name, much less the Social Security Number?They did ask for the last four digits of the Social Security Number, but no matter what random four digits I might give them, it wouldn't match the number of the person they are looking for...so it seems a futile (at the minimum) thing to give them.Any thoughts appreciated...Thanks Link to comment Share on other sites More sharing options...
ms6073 Posted May 2, 2005 Report Share Posted May 2, 2005 Well the quickest way to get them to stop calling is to send them a letter telling them to cease and desist but you will have to get a name and mailing address from the caller in order to exercise that privilidge. Next time they call, try to get the required information and once that is accomplished, advise them that there is no such person residing at your address and that your telephone is listed with the national do not call registry. Furthermore, since the person they are enquiring about is not known to you which you have repeatedley explained to the reps, the next time they call, you will consider it a telemarketing solicitation and will report them to the FTC (assuming the stay on the line that long )! After that you will need to immediately fire off the cease and desist letter certified mail, return reciept requested (so that you know when they got it and cant think about suing if they call again! Link to comment Share on other sites More sharing options...
Guest Posted May 2, 2005 Report Share Posted May 2, 2005 Instead of telling them they have violated the do not call list..Tell them that they are now in violation of the FDCPA for continued calling of a third party.They are allowed 1 call to a 3rd party to get location information.You are not the person in questionyour husband is not that personthey got their one call.. now they need to stop.Get their address and send them a letter... wait for them to call again..of which they will... and then send them a demand letter for 1000.They will go away Link to comment Share on other sites More sharing options...
DocDon Posted May 14, 2005 Report Share Posted May 14, 2005 I agree. Some shoddy skip tracing will get you that result. They've heard all the excuses before, so simply telling them "the person doesn't live here" is unfortunately not enough.Gotta stop them dead in their tracks in cases like these. Link to comment Share on other sites More sharing options...
someone_else Posted May 15, 2005 Author Report Share Posted May 15, 2005 Well, Thank you, all three...BUT please note that my original question included THIS:"How do I get them to realize that they truly do have the wrong number / wrong person... WITHOUT offering them my spouse's real given name, much less the Social Security Number?"To which I now ADD:WITHOUT offering them my spouse's ADDRESS...(since we have never received anything from them IN WRITING...even though they CLAIM to have sent us letters.)Anything in addition to your previous responses will also be gratefully received...Is my best route "simply" to ignore their phone calls...Continue to [say: "Sorry, your'e calling the wrong number", then] Hang up? Link to comment Share on other sites More sharing options...
DocDon Posted May 15, 2005 Report Share Posted May 15, 2005 They'll just keep calling. They honestly believe you're lying to them.You don't have to give them your spouse's information. You simply write them and state they've skip traced the wrong individual, and if they continue to call, you'll forward the matter to the appropriate government agencies for further processing.That's all you need to tell them. Link to comment Share on other sites More sharing options...
someone_else Posted May 15, 2005 Author Report Share Posted May 15, 2005 Thanks, DocDon...But, how do I "...simply write them" WITHOUT offering them a NAME and ADDRESS ? That is, without offering them what they (apparently) do not already have??? Link to comment Share on other sites More sharing options...
DocDon Posted May 15, 2005 Report Share Posted May 15, 2005 Well, they have the phone number, so they probably already have the address too. That's normally part of the skip trace.Tell them you're not giving out any personal information in this matter. You have no account with them, and therefore, you are under no obligation to release personal information. Don't put a return address in the letter or on the envelope, and type your spouse's moniker (the name they used).If they refuse, file a complaint with your State AG. You have the option of them forwarding a copy of the letter to them, so decline that option.Give that a try. Link to comment Share on other sites More sharing options...
someone_else Posted May 15, 2005 Author Report Share Posted May 15, 2005 they probably already have the address tooThat's what I originally thought...but they have not tried to mail us over a period of about two months of phone calls...Tell them you're not giving out any personal information in this matter. You have no account with them, and therefore, you are under no obligation to release personal information. Don't put a return address in the letter or on the envelope, and type your spouse's moniker (the name they used).Is there really any (legal -- or negotiating) value in a letter with neither a name nor an address?What if we're willing to continue to put up with their phone calls without giving them any further information or argument??What will they LIKELY do IN THAT CASE?Many thanks... Link to comment Share on other sites More sharing options...
DocDon Posted May 15, 2005 Report Share Posted May 15, 2005 You're not giving them a legal document. You have no obligation to them whatsoever.If you want to put up with what may become more abusive contact by them, then that's up to you. They'll more than likely eventually give up and send the collection back to the OC.They may or may not send their "contact" information they have on you so the process can start all over again with a new CA.... Link to comment Share on other sites More sharing options...
someone_else Posted May 15, 2005 Author Report Share Posted May 15, 2005 Thanks, I guess it could become more aggravating...or, not??...The current Collection Agency is Alliance One. Any ideas on what they might do if I continue to ignore their phone calls?Thanks. I really do appreciate your attention to this (and so does my [anonymous] spouse! Link to comment Share on other sites More sharing options...
DocDon Posted May 15, 2005 Report Share Posted May 15, 2005 Worse case scenario? Dig further and find your spouse's information and report the collection on her report, and then report it under her "alias" and leave you disputing that information as well.... Link to comment Share on other sites More sharing options...
codename_fortyseven Posted May 15, 2005 Report Share Posted May 15, 2005 I think this should work:"Here is your summons, as you can see, I am not the person you are looking for."FDCPA is a strict liability law, and I don't think it pertains to a consumer that actually owes anyone a debt. It deals with the collection practices. Oh, and one more thing, never give out your SSN or any other info to anyone over the phone. Reporting them to the Atty gen, FTC, and local news media wouldn't hurt either. Just go to your local spy/radio shack and pick up a phone recorder. Get it on the phone that they are calling the wrong person, or heck, call them and tell them that they have been calling the wrong person and you want them to stop. Me personally, I'd just sue. Link to comment Share on other sites More sharing options...
Guest Posted May 15, 2005 Report Share Posted May 15, 2005 Stop worrying about giving them your address.It isnt any big deal.You can leave the SSN off... that I would make sure to do... but other than that.. stop worrying about the address.Send them a C&D letter with a copy of a small claims summons ((NOT filed of course)) and tell them that the NEXT phone call you receive from them will result in the filing of the lawsuit.Keep that phone recorder handy and do as instructed. Link to comment Share on other sites More sharing options...
someone_else Posted May 16, 2005 Author Report Share Posted May 16, 2005 I'm truly thankful for all your suggestions.I do have several questions/comments which might help me understand the various options that your replies offer me.First, I must say that I still fail to see how ANY letter sent to the CA with MERELY a reference to an "alias" they're using, but WITHOUT either a phone-number-reference or a street-address-reference will help.Suppose I send them a letter (essentially) like this (and, preferably, omitting the items in [brackets]):......................................................................................................................................."Gentlemen:Stop calling us [at (123) 456-7891], asking for a person you name as "Wormie Casey". Although my spouse has the nickname "Wormie", [and our last name IS "Casey",] my spouse has NEVER used the name "Wormie" on any legal/financial documents, and, therefor, has NEVER contracted any debts under the name you are seeking.Thank you." ......................................................................................................................................(No name on a 'signature-line'; no signature. No return address on the envelope or on the letter.)What response/result should I expect?How do you suggest that the letter should be IMPROVED in order to achieve the desired result?What would be my next move?I do have additional questions which I'll post later...Thanks... Link to comment Share on other sites More sharing options...
someone_else Posted May 16, 2005 Author Report Share Posted May 16, 2005 What significance do you think there is (if any), in their NOT having MAILED us anything?They CLAIM to have done so, but nothing has ever been seen. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted May 16, 2005 Report Share Posted May 16, 2005 You know what? Just send them a full C/D. Tell them never to contact you again in any way, shape, or form. If they try to sue, again it will be quite obvious you aren't who they think you are. I'd just sue them personally for violating the FDCPA Link to comment Share on other sites More sharing options...
KentWA Posted May 16, 2005 Report Share Posted May 16, 2005 Do not explain nickname stuff or anything like that. Do not worry about giving them your address or phone number. You are sending them a Cease and Desist and informing them that they are calling the wrong person. Worst case, they will mail you something or call again. Then they owe you $1,000 for violating the FDCPA by contacting you after a Cease and Desist. The law is there to protect you and define their responsibilies. Best case is they just go away. There is no downside to including your address as a return address. Make sure you send it CMRRR. Link to comment Share on other sites More sharing options...
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