debt collections

[Amber]

Back in October, I got a phone call from a guy who claimed I owed a debt of around $500 to a company he was representing. He refused to give me the name of the company, only saying that it "might" concern my mother's estate. I asked him to mail me the information, or if it concerned my mom's estate to mail a copy both to me and to the probate court. He asked if my address was still 111 old address, city, state. I told him no, I've moved several times since then and my current address is 111 new address, city, state. He then told me he'd mailed a bill to 111 old address and it was my responsibility to have had my mail forwarded. I told him I had had my mail forwarded but had moved several times and there was a possibility that something had gotten lost along the way. Anyway, he refused to mail me any information regarding the matter, and told me I had three days to provide him with my bank account information and allow him to take the funds from my account or he'd report my delinquency to the credit bureau. Now, I admit I'm gullible, but I'm not gullible enough to give some random guy access to my bank account information. I told him I'd be more than happy to send him a check, if he'd send me some sort of proof that there really was a debt. He then got belligerant and snitty and said something along the lines of "I've been doing this long enough to know better than to take a check from the likes of you." That kind of threw me because I've got a good credit history and don't have a habit of bouncing checks, but whatever. So I again told him to send me a bill. He again told me he wouldn't, and I had three days to give him my account info, but now he's changed it from generic bank account info to the bank account that my mom's life insurance money is in. (I have four different bank accounts and that's the one with the highest value, though I've no idea how he knew that, or if it was a lucky guess???)

So, it's now May. This is in it's eighth month. He calls from one of three different numbers at least twice a week. He has still never sent me anything in writing, and my credit report doesn't have anything showing up as past due or in collections. I stopped answering his calls in November but currently have 17 voice messages from him on my phone. What can I do to make him go away? If it's a legitimate debt, I would pay it, but at this point, since he refuses to put anything in writing, I'm doubting it's legitimate. On the other hand, his persistence kind of indicates that it is legitimate. It is possible that some of my mom's debts were over-looked, but everything there should have gone through probate. I'm confused and frustrated.

[Kitsun]

That sounds fake as shit. I would get the phone numbers and bring it to a local police station and tell them you think this guy is trying to scam you.

Or change your phone number.

[radamanthys]

Look up laws against these guys. Trap him breaking one of these laws and sue him for enough money to get your asshole gilded.

[Enitocin]

Look up laws against these guys. Trap him breaking one of these laws and sue him for enough money to get your asshole gilded.

lololol.
Definitely sounds fake as shit. Do what was suggested, or don't do anything until you have proof.

[kookiegod]

First, if it was your mom's debt, and the estate was settled, its not your problem.

Second, tell him straight up, you refuse to talk to him any further, that unless he sends you proof within 7 business days, you consider the matter closed, and any further calls will be reported to the the authorities.

Persistance is a hallmark of good collectors, so is abiding by the Fair Debt Collection Practices Act. If we won't provide proof, its basically null.

Threats, are against that law. Saying he'll put it on your credit, and 8 months later, and I assume its not, is a threat.

Personally, I'd call the company back, ask for the owner, and tell them to cease and desist at once.

[Amber]

I told him back in November I wasn't having any more contact with him until I had something in writing. I guess I need to do it again, huh? Do you know if it's legal for me to record my call with him? I want some sort of proof that I've tried to resolve this, just in case it is a legitimate debt. I read online that I need to mail the company a cease and desist letter but I don't have a company name or address.

[Anebriated]

shouldnt they be legally required to give you a company name if they are requesting money? Im no lawyer but this stinks.

[Asrial]

Post the phone numbers here.

[Tisket]

Post the phone numbers here.

^

Also, google the telephone number(s). You can usually get info that way.

[Drew]

Do you know if it's legal for me to record my call with him?

In some states it's a felony to record phone calls without the other side being informed. As far as I know it's not illegal in any state if you inform them. Even if you aren't recording it I would start any future conversation by informing him you are recording the conversation. That should at least put him on his best behavior if he is a real debt collector.

[Methais]

What can I do to make him go away?

Give him my phone number and tell him I'm your lawyer or financial advisor or something and that I'm in charge of all your money.

Seriously. PM me. I don't get random calls to fuck with anymore since I cut my land line off :(

[phantasm]

Next time he calls get an address for his company.

http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm

Mail them this cease and desist letter by a verifiable method.

Once they receive the letter they can no longer call you and only make contact through mail or court.

If they debt is old it will be beyond the statute of limitations and they won't be able to sue you.

If the debt is actually yours, and not showing up on your credit report, its probobly so old that its even beyond the credit reporting time limit.

If they do call you again, you can now turn the tables and sue them and receive a settlement amount + lawyer fee's.

[Clove]

Next time he calls get an address for his company.

http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm

Mail them this cease and desist letter by a verifiable method.

Once they receive the letter they can no longer call you and only make contact through mail or court.

If they debt is old it will be beyond the statute of limitations and they won't be able to sue you.

If the debt is actually yours, and not showing up on your credit report, its probobly so old that its even beyond the credit reporting time limit.

If they do call you again, you can now turn the tables and sue them and receive a settlement amount + lawyer fee's.Just to be clear they can contact you one final time after a cease and desist (which needs to be sent via certified mail so you can prove it was received) to verify that they have received your cease and desist demand and to notify you of their next (if any) planned collection action, which if the debt is large enough and within the statute of limitations will usually be a judgment.

[Clove]

shouldnt they be legally required to give you a company name if they are requesting money? Im no lawyer but this stinks.Yes, per the FDCPA. All collection agencies have to identify themselves and their company. They also have to provide you with proof of original debt upon request, and abide by cease and desist demands. This is a Federal Act so it's applicable to all businesses in all states. File a complaint with the FTC and your state Attorney General.

http://credit.about.com/od/consumercreditlaws/qt/fdcpaviolation.htm

[Anebriated]

I do know this. Many states will not intervene in debt cases. In PA they will not see a case in court. They just wont. So make sure you read up on your states laws in the situation.

[Amber]

Thanks for the info all. Guess I'll bite the bullet and answer next time he calls and try and get the company name from him. I have tried googling the numbers but don't come up with anything. Anyway, I'll try and get the company name and mail him a cease and desist letter. If I can't get a company name from him, I think I'll follow Kitsun's advice and give the numbers to the police. The whole thing just seems shady. Thanks again, everyone.

[Gallows Thief]

If your up for it post the numbers here. A few us have some contacts to get info and a few of us are just bored enough to go ahead and try endless sites until we get some morsel of info....

[Clove]

I do know this. Many states will not intervene in debt cases. In PA they will not see a case in court. They just wont. So make sure you read up on your states laws in the situation.It's a federal violation which puts it under FTC jurisdiction, but many state attorney offices do keep track of complaints against companies and those with a history of violations sometimes get acted against.

File a complaint with the FTC.
File a complaint with your state's attorney general.

[Sylvan Dreams]

Tell him you've reported him to the police for attempted fraud (even if you haven't) and that his phone records will be traced.

Tell him upfront that he's being shady and that you doubt the legality and validity of his claim.

And post those numbers and his name so we can maybe find things.

[Gan]

Just to be clear they can contact you one final time after a cease and desist (which needs to be sent via certified mail so you can prove it was received) to verify that they have received your cease and desist demand and to notify you of their next (if any) planned collection action, which if the debt is large enough and within the statute of limitations will usually be a judgment.

Filing a false judgment or lien is also illegal and would merit action both criminal and civil against said debt collector. Not to mention would give you a paper trail to pursue.

Best way to avoid the asshat is to change the number to an unlisted one or drop the land line alltogether.

Or have a 3 year old answer the phone everytime he calls.

:whistle:

*Just remembered - you can call your phone company and report harassing calls - which they will trace and report to the local law enforcement agencies - not to mention send letters to the owner of the line making the calls to cease and desist. I've had to do this once - it works.

[Methais]

Just fuck with the guy whenever he calls. Load up a sound board or talk like Tourettes Guy or something.

Then record it and post here.

[Tisket]

I think I'll follow Kitsun's advice and give the numbers to the police.

GIVE THEM TO US. Why would you protect someone like that from the gentle, kind folk here on the PC? Jeez louise. We just want to reach out and touch someone. Way to cramp our fun.

[Clove]

Just fuck with the guy whenever he calls. Load up a sound board or talk like Tourettes Guy or something.

Then record it and post here.My favorite is to hit on them. "What are you wearing?" "Are you local? You sound really sexy..." "Look we can work this out... how about drinks somewhere?" etc.

Works best when the caller is the same sex.
GIVE THEM TO US. Why would you protect someone like that from the gentle, kind folk here on the PC? Jeez louise. We just want to reach out and touch someone. Way to cramp our fun.Why can't I rep you yet?