tropicaljo

I'm just shocked! How's this for bold as brass?

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I was out of the house for several hours today and when I got home I checked the vm to see if anyone had called. Got a message from a very official sounding male voice (yeah, he left his name, but no company affiliation) for a woman with a way different first name, same last as mine. He stated that he was looking for this woman to inform her that he had a been hired to collect a debt and that he has filed suit and has a summons to serve her and that "by this phone call, you [her name here] are now informed." He left a number for her to call him back to confirm her address so he could have the summons served. Very, very odd!

Thinking I'll call him back and tell him that she doesn't live at the phone number he called and ask him if he's aware that he just walked all over that poor woman's consumer rights by informing a third party that she owes a debt. Our number has been listed under DH's name for over a dozen years. This is just so strange! I wonder how many other numbers he called out of the phone book that have my last name and left the same message?

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What are the odds of you knowing the actual debtor and the odds that those who have been called or the actual debtor knowing the FDCPA. On this board we are but a minority and the odds are good enough that the collector is willing to play them.

I have dealt with this quite a bit. I even had one who claimed that I was the real debtor tell me that they knew what I was up to when I informed them that I sent a C&D letter. I should have responded "Can you stop me?"

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Before telling this slimeball how he's screwed up, play dumb (this is Mrs. xxxx), get his name and his company name / address / contact info. You don't have standing to sue for this violation and the FTC is toothless (won't act on individual complaints but will on patterns), but complaints to the FTC, your state Attorney General, the state regulator of collection agencies (if there is one), and the BBB might help curb the behavior.

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Before telling this slimeball how he's screwed up, play dumb (this is Mrs. xxxx), get his name and his company name / address / contact info. You don't have standing to sue for this violation and the FTC is toothless (won't act on individual complaints but will on patterns), but complaints to the FTC, your state Attorney General, the state regulator of collection agencies (if there is one), and the BBB might help curb the behavior.

I agree with filing complaints against the caller, but I'd be very careful about pretending to be someone else. If they record calls, you never know if that could end up biting you in the tushie.

Edited by BV80

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I didn't mean to pretend to be the other person (target of the call), OP says she has the same last name. "This is Mrs. xxxx and you called? What is your name? What is the name and address of your company"

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I called the number that was left on my vm and found out that the guy was a skip tracer for a company named World Wide. That's all the woman I talked to would tell me as far as who the phone number left in the vm belonged to. She was as shocked as I was that they guy said what he said on a voicemail and that she would remove my number immediatly from their contact list. I explained that there WAS a woman by that name listed in the local telephone book, listed 2 names above my phone number. I said, "What if this guy called every person with my last name and left that message?" I don't think skip tracers are held liable for FDCPA violations, are they? If they are, I may give that woman a call and give her info on possible FDCPA violations.

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I suggest you go to the "other board" and read my post there entitled "Frustrating the Skip Tracer". It seems the collector is a Skip Tracer and is probably leaving this message everywhere he can.

I also suggest you call back and tell him the facts of life:

1: You are not his debtor

2: You do not know his debtor

3: Your telephone number is not his debtor's phone number

4: If your phone rings once more with his voice on the other end he can expect a lawsuit.

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I didn't mean to pretend to be the other person (target of the call), OP says she has the same last name. "This is Mrs. xxxx and you called? What is your name? What is the name and address of your company"

Okey dokey! I understand. :)

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@Flyingifr... The skip tracer was contracted with a mediation company named World Wide. I'd have called him personally, except he didn't leave a number to reach him, just the number for WW. I did tell them that I was not the woman they were looking for, gave them my name and explained that the number they called had been registered to my DH for over a dozen years. The woman I spoke with was a shocked as I was that the skip tracer (named Victor Wallace) had divulged so much information on a voice message and said she would remove our number from that file immediately, so I am relatively satisfied with the outcome... Now if a process server shows up at my door it will be a whole different story! :twisted:

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@Flyingifr... The skip tracer was contracted with a mediation company named World Wide. I'd have called him personally, except he didn't leave a number to reach him, just the number for WW. I did tell them that I was not the woman they were looking for, gave them my name and explained that the number they called had been registered to my DH for over a dozen years. The woman I spoke with was a shocked as I was that the skip tracer (named Victor Wallace) had divulged so much information on a voice message and said she would remove our number from that file immediately, so I am relatively satisfied with the outcome... Now if a process server shows up at my door it will be a whole different story! :twisted:

If the process server shows up at your door you will of course Answer the suit with a general Denial and a Counterclaim of $1000 FDCPA Statutory Damages. Suing the wrong person certainly constitutes "false information concerning the nature and legal status of the debt" (FDCPA language) - false in the sense that you are the debtor in the first place.

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