Name The Number Of Things Wrong With This Picture

[sje123]

About 2 weeks ago I received a call on my cell phone stating that they were a collection agency and were calling to collect about an account that is not mine. They said, "Do you live in x state?" and I said no. They said did you live in x state in 2006. I said no. They said well we have this account with your social and you need to take care of it. I said it's not mine. They said well you need to send us a letter to that effect OTHERWISE you are going to be reported to the credit bureaus. I said YOU never sent me a letter. They said, send the letter or pay the consequences and hung up.

I sent the letter. Today I get a call. I said "I sent you a letter about this. This is not my account." He said, "Do not play with us. We did not get a letter. You either pay this bill or we will report you to the credit bureas every single week until it is paid." and he hung up. I called back. The person on the other end knew who I was but refused to talk to me without my full social. I said I am in a public place and will not give you my social. He said, "Then answer your damn phone when we call." and hung up. (ps I did answer the phone).

I called back and said to the woman do not hang up on me. She said, "Don't threaten me." and hung up.

I called a supervisor and left a message that if I don't get a phone call back or I'm filing a complaint.

Thoughts? Where do I start?

1. This account is not mine.

2. I never received anything in writing.

3. They are threatening me.

[pointman]

Seems like you'd be better off sticking to written communications sent CMRRR rather than short one-sided phone calls. I understand you answered the phone and were already there, but from what I've read, you need everything in writing.

If you're going to continue the phone war, you may want to invest $20 in a digital voice recorder and start recording your attempts to communicate. ASSUME you are also being recorded. If they simply spew their favorite fecal matter snack and then hang up, then you are obviously not going to get the chance to tell them they are being recorded. But you'll have useful documentation that they're being the usual arrogant a-holes that most everyone in that line of work seems to be.

I don't know what the consensual monitoring laws are from one state to another, but in Texas for example, only one party needs to know that a voice recorder is in use, thus, the recording party (you) knows and it covers the law.

My .02 for the day!

[IHateCAs]

6

[sje123]

no letter and threatening me with things

should I write regarding FCRA et al violations

[thomassl]

As most of us on the forum have indicated, "STAY OFF THE PHONE!!" Legally, they are not permitted to call you on a cell phone. If you sent your letter certified and they have responded, just remember that they don't! They must, however, validate the debt with you before verifiying it to the credit bureaus. I agree about taping the calls but I would let them know they are in violation as they are calling a cell phone. You also have the right to tell them to no longer call you and send written correspondence only. Once I had to talk to one and told them this and that I was taping their call. I told them this initially and after a short conversation about only communicating by letter, they stopped calling. The sample letters for debt validation on this site clearly states what they need to do in regards to validating that this is indeed your debt. Do you know if this debt is on your credit report?

[IHateCAs]

Did I win?

[swtguy]

Seems like you'd be better off sticking to written communications sent CMRRR rather than short one-sided phone calls. I understand you answered the phone and were already there, but from what I've read, you need everything in writing.

If you're going to continue the phone war, you may want to invest $20 in a digital voice recorder and start recording your attempts to communicate. ASSUME you are also being recorded. If they simply spew their favorite fecal matter snack and then hang up, then you are obviously not going to get the chance to tell them they are being recorded. But you'll have useful documentation that they're being the usual arrogant a-holes that most everyone in that line of work seems to be.

I don't know what the consensual monitoring laws are from one state to another, but in Texas for example, only one party needs to know that a voice recorder is in use, thus, the recording party (you) knows and it covers the law.

My .02 for the day!

Of course, if you're in Texas, you don't have to tell them they're being recorded because it's a one-party state.

[jasen]

IF you are 100% sure it cannot be yours...

File an affidavit of ID theft at the local PD using all the account information they've given you. (nothing in writing? Try to get them to send you something.)

Send copies to both the CA and the CRA's.

Never talk to them again. Unless they somehow get this on your report, in which case it's time to sue.

[sje123]

they cannot call a cell phone...where is that written?

I didn't know it was them...I just picked up the phone (yes, it was a cell phone) and I talked to lady number 1 two weeks ago because they never sent me a letter and I had no idea what she was talking about. Because they keep saying I live at X Drive in X state, they don't have my address obviously -- in another state. She said the burden was on ME to write to them at "this point" and I asked what point was that and she said the point where it was about to go to the credit bureau.

I've been through the ID theft thing before but the way this person spoke to me today is what really sent me through the roof...he called my cell...I said I spoke to lady 1 and it was not mine and I sent a letter to that effect he said "don't play games with us" in a snotty voice and said they never got my letter (and it's just been about a week since I've sent it) and threatened to put this on my credit report every week.

The second guy would not talk to me unless I gave him my full social and then said, "Then pick up the damn phone when we call." (as if I hadn't)...they just all sounded like psychopaths.

I'm going to handle the phone bill thing as not mine with the proper people but right now I just want to go after these people.

[Ahntara]

"...don't play games with us..."

That's how all CA's respond to unsupported allegations of ID/Fraud. They must hear this a million times a day.

To change the scenario, you must send them the supporting documentation. Once they receive it they cannot legally take any action including reporting to a CRA.

FCRA Title 15 USC 1681a Subsection 603(q)(4) "The term 'identity theft report'...means, at a minimum, a report--(A) that alleges an identity theft; ( that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Commission, and © the filing of of which subject the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false..."

1681c-2 Subsection 605B contains the items you MUST SEND

"(1) appropriate proof of the identity of the consumer;

(2) a copy of an identity theft report

(3) identification of such information by the consumer; and

(4) a statement by the consumer that the information is not information relating to any transaction by the consumer."

"they cannot call a cell phone...where is that written..."

The Fair Debt Collection Practices Act Title 15 USC 1692f Subsection 808 "Unfair Practices...

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees..."

Both of these laws are in stickies at the top of the page. You may wish to print them out and highlight portions that pertain to your current situation. It may also help to quote them in your correspondence.

[sje123]

does what you've quoted translate into can't call a cell phone?

[IHateCAs]

It's a questionable interpretation.

[sje123]

I really want to write a letter to them and list all the things they did wrong such as never contacting me in writing etc. I don't want to lose credibility with spurious accusations such as called me on a cell phone if it's not clear they really can't do it.

I have no idea how they got my cell phone number but it's ironic that they're calling about a Sprint account to a Verizon wireless number. Why would I have both?

anyway, my understanding is that the cell phone issue is not really a slam dunk. Correct?

[jasen]

Calling your cell phone causes you spent minutes, which can be translated to real costs. They're not allowed to be causing you to lose money during collection attempts.

Sounds like a lot of trouble to write a letter that they'll probably ignore anyway.

[sje123]

ignore an Intent to Sue letter?

[razr]

ignore an Intent to Sue letter?

Sometimes they do. Sometimes you have to file suit to get their attention.

-r