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Is this a FDCPA violation?


Klutzphoto
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I have been receiving calls from a CA for almost three weeks. The first several calls asked if my mailing address was xxxxxxxxxx street in xxxxxx town. I told them no, not my address. Then they ask me to confirm other personal info. I refused to answer any other questions and started to ask them questions. They say that these calls are about a personal business matter. When I still refuse to answer their questions they then terminate the calls.

I have asked them to send me a letter explaining the nature of this business matter. They say they have sent letters but I have not answered them. I would guess that if they sent any letters, the letters were sent to the address that is not mine. The most recent calls have ended with them hanging up on me or sometimes me hanging up.

The address that they keep refering to, is in a town about five or six hours from me. I have never lived there.

After about two weeks of this type of stuff they left me a recorded message telling me to call them about a debt they were trying to collect. Other than that little bit of info, I do not have a clue about this debt.

I do not owe anyone in this whole world a single penny. All my possessions are paid for. I pay any credit card bill or other bills off as soon as I receive them.

I really do not want to contact these people by phone or letter. I think it is their job to send a letter to my address.

Thanks,

Klutz.

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I have been receiving calls from a CA for almost three weeks. The first several calls asked if my mailing address was xxxxxxxxxx street in xxxxxx town. I told them no, not my address. Then they ask me to confirm other personal info. I refused to answer any other questions and started to ask them questions. They say that these calls are about a personal business matter. When I still refuse to answer their questions they then terminate the calls.

I have asked them to send me a letter explaining the nature of this business matter. They say they have sent letters but I have not answered them. I would guess that if they sent any letters, the letters were sent to the address that is not mine. The most recent calls have ended with them hanging up on me or sometimes me hanging up.

The address that they keep refering to, is in a town about five or six hours from me. I have never lived there.

After about two weeks of this type of stuff they left me a recorded message telling me to call them about a debt they were trying to collect. Other than that little bit of info, I do not have a clue about this debt.

I do not owe anyone in this whole world a single penny. All my possessions are paid for. I pay any credit card bill or other bills off as soon as I receive them.

I really do not want to contact these people by phone or letter. I think it is their job to send a letter to my address.

Thanks,

Klutz.

Hey Klutz

You can make one letter to your specification as shown below.Send it CMRRR

Next time ask for a fax number or their address and write to them the following

Date :sept XX, 20xx

HSBC Card Services

Any City, CA 23456

RE:

Account # xxxx-xxx-xxx-xxxx

Creditor HSBC Card Services

Amount in Dispute $ 218.00 (Minimum Due as of 08/07/08)

Dear Sir or Madam:

This will serve as your legal notice under provisions of Texas Debt Collection Act, to cease all communication with me in regard to the debt referenced above. I say this because I have telephone records that extend from July 20xx until as recent as Aug 25, 20xx confirming to me that you have violated the Texas Fair Debt Collection Act of making excessive number of phone calls to annoy or harass me. I have received numerous telephone calls attempting debt collection from HSBC Card Services, (phone # (800)-xxx-xxxx.)

You are hereby in violation of Texas Fair Debt Collection Act §392.302 harassments & Abuse of the Code which states:

“Causing a telephone to ring repeatedly or continuously, or making repeated or continuous telephone calls, with the intent to harass a person at the called number”.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the State Attorney General’s Office and/or the American Collectors Association or local state Bar Association.

You are also notified that should any adverse information be placed against my credit report as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

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Hey Klutz

You can make one letter to your specification as shown below.Send it CMRRR

Next time ask for a fax number or their address and write to them the following

Date :sept XX, 20xx

HSBC Card Services

Any City, CA 23456

RE:

Account # xxxx-xxx-xxx-xxxx

Creditor HSBC Card Services

Amount in Dispute $ 218.00 (Minimum Due as of 08/07/08)

Dear Sir or Madam:

This will serve as your legal notice under provisions of Texas Debt Collection Act, to cease all communication with me in regard to the debt referenced above. I say this because I have telephone records that extend from July 20xx until as recent as Aug 25, 20xx confirming to me that you have violated the Texas Fair Debt Collection Act of making excessive number of phone calls to annoy or harass me. I have received numerous telephone calls attempting debt collection from HSBC Card Services, (phone # (800)-xxx-xxxx.)

You are hereby in violation of Texas Fair Debt Collection Act §392.302 harassments & Abuse of the Code which states:

“Causing a telephone to ring repeatedly or continuously, or making repeated or continuous telephone calls, with the intent to harass a person at the called number”.

If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the State Attorney General’s Office and/or the American Collectors Association or local state Bar Association.

You are also notified that should any adverse information be placed against my credit report as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves.

Sincerely,

Really bad info here...I suggest you need to READ the OP's post before you answer as one size definitely does NOT fit all.

The OP ISN'T IN TEXAS which means that Texas State Law means absolutely NOTHING in this instance.

That aside, there is a hell of a of difference between getting phone calls form an CA and those calls rising to the level of harassment or abuse whether under Texas law or any other.

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I have been receiving calls from a CA for almost three weeks. The first several calls asked if my mailing address was xxxxxxxxxx street in xxxxxx town. I told them no, not my address. Then they ask me to confirm other personal info. I refused to answer any other questions and started to ask them questions. They say that these calls are about a personal business matter. When I still refuse to answer their questions they then terminate the calls.

I have asked them to send me a letter explaining the nature of this business matter. They say they have sent letters but I have not answered them. I would guess that if they sent any letters, the letters were sent to the address that is not mine. The most recent calls have ended with them hanging up on me or sometimes me hanging up.

The address that they keep refering to, is in a town about five or six hours from me. I have never lived there.

After about two weeks of this type of stuff they left me a recorded message telling me to call them about a debt they were trying to collect. Other than that little bit of info, I do not have a clue about this debt.

I do not owe anyone in this whole world a single penny. All my possessions are paid for. I pay any credit card bill or other bills off as soon as I receive them.

I really do not want to contact these people by phone or letter. I think it is their job to send a letter to my address.

Thanks,

Klutz.

You cannot settle this by playing cat and mouse.

You are going to have to at least find out their address and, hopefully, some sort of reference number so that you can start attacking this.

This may be a simple case of incompetence on the part of the CA contacting you (i.e. doing a poor job of skip-tracing the debtor they are really looking for) or you may be the victim of identity theft...in either case, this will very likely get worse the longer it goes on.

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I tried to post a reply last night. When I hit submit I was told I needed to log in. I was logged in. I went back and my reply was still there. I hit submit but was told to log in. I went back and my message was GONE!

Thanks for your replies. I really do appreciate the advice. I will not write anymore at this time for fear the message will not post and I do not want to waste my time right now.

Thanks.

Klutz

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nascar & Robert

I agree with both of you that the longer this goes the worse it will get. One reason for the cat & mouse game is the fact that for several days these people would not tell me what they wanted to talk to me about. I was not sure if they were trying to scam me somehow. I also agree that these people can not send me a letter with out my address. However, in the 10 plus conversations I have had with them, they have never asked for my address. They have only asked if the address they have for me is correct.

I talked to a witch from the CA yesterday. I did finally learn the amount of debt she thinks I owe. I again requested a letter. The witch informed me that I did NOT need a letter. She said this bill was mine and that I was going to pay it. I told he that I was not paying a bill that was not mine and had not seen. She then said that it was my bill and what method of payment was I going to use. She then lectured me about my lack of responsibility and short of calling me a liar, she did indicate that I was not honest. She then told me she was turning this over to ??? ( did not quite make that out ) and hung up on me.

I can't believe that this witch acutally thought I would send her money just because she told me to. Maybe she is on drugs, or perhaps just ignorant?

I talked to a attorney that has worked for me before. He does not really handle this kind of problem. I am going to interview a few others in the near future.

Thanks.

Klutz

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I hope this doesn't sound too silly but, are they asking for you by name?

Most of the collection calls I have received over the past few years are for people that used to have my phone number. It seems weird that they have your number but not your address.

There is a site called whocalled.us This is a community driven site where people share info about unidentified callers. This has been a great resource for determining the name and addresses of collection agencies.

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If you are SURE this is not your debt, next time they call ask for their business name, address and phone (Self identification required by law):

CA) Is this John Doe?

you) who is calling?

CA) It is a personal matter

you) I understand, but under the FDCP act you are required to identify your self regardless of who answers the phone. what's your name?

CA) I need to speak with John Doe

you) who is calling?

..

Write them a letter CMMR stating they have the wrong John Doe and dispute the validity of the debt with respect to you John Doe, your town, your address, your phone.

Check and see if this is being report against YOUR credit file. If it is (unlikely since they are sending mail to another address) check to see if that address is in your file listed as your and dispute with the CRA any innacuracies in your personal data, and dispute the debt as not yours. all through mail CMMR

If the debt is not on your report and that out of town address is not there, I would not be sure how they got your number but I would simply dispute you are NOT the person they think you are and to cease all contact with you, and threaten that if they contact you again you will sue under FDCPA violations.

If its on the report, dispute with the CRA as not yours and add to the letter they need to delete the innacurate entry immediately.

Try to follow the flow chart as best you can, it will help you navigate the mess and helps you collect evidence if you need to sue them to stop.

Finally I would not spend time with them on the phone, do this all in writing.

Relevant violations of the FCDPA

# Conceal his or her identity on the phone

# Disregard a written request from you to cease further contact

# leaving messages identifying a debt collection activity against john doe

Record the calls if you are in a one party consent state or ask for permission to record at the start of the call.

I hope this helps..

oh, don't delete the message(s) they leave. if they left a message saying the are calling about a debt - ding ding ding - another violation, save it.

Also, NASCAR is dead on. you have nothing to hide and if you want this to stop (it can get worse if it hits your credit) you will need to write them with a correct return address so that you actually get their answer if any.

mycorrado

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willingtocope.

Thanks for the info. They do not show a lawyer in my area.

cinnamngrl.

Yes they are asking for me by name. Thank you for the information concerning the phone numbers.

mycorrado.

Thank you for your reply. Yes I am 100% sure this is not my debt. I have never done business with or used services that have anything to do with the OC. The CA has not called again. Apparently, what ever steps the witch is taking next does not involve phone calls. (so far). The first eight or more calls that I received were terminated when I asked them to explain the nature of these calls. The only info they would give me was the callers first name and the name of their alleged company. Of course as I stated in my last post, I have finally found out the amount of the debt.

I am going to meet with a lawyer that handles bankrupcy and debt relief problems. My issues are different from those problems but hopefully he can help me. I have a recent credit report that I had my bank run on me. At that time there was not a problem, and my fico was 800. They only use one of the three agencys. I realize that the fico number is likely to change when the CA puts this on my CR.

Thanks again for the information. I am sure I will be able to use it as I try to clear up this problem.

Klutz

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