collection agency calls....what to do?

[KellyHabersham]

I apologize if this gets long, but it's been a long time since I've posted about this particular family situation on here, so just to give two bits of background info:

- because of the VERY nasty family situation involving my daughter, my sister and her husband cut off contact with most everyone in the family, have asked that we not contact them, and are now living in another state.

- my brother-in-law ("Rick") had listed myself and my mom as contact info for student (or car) loans, so every time he was late on payments/something messed, they would calls us looking for him.

Anyhow, the reason for my post is that we are starting to get calls from a collection agency for "Rick again. (I'm not sure if it's legit agency or a scam, because I haven't spoken to him in several years)

So what I'm wondering is......what might be the best way to handle this? Just ignore the phone calls, or if the collection agency calls again, answer the phone and tell them this is NOT a way to reach "Rick", and that we don't have his current contact info?

[EricKei]

If you don't answer -- yeah, they'll just assume it's the right number and keep on trying.

They DO have to stop calling if you request it in writing - use Signature Confirmation for this, so they can't claim not to have your #. Explain what's going on in the letter. If you need to let one call get through in order to accomplish this (to get their mailing address), do so, and then tell them he no longer lives there and to switch to snailmail only (it should at least buy you a few weeks of peace). They may not *believe* you when you say he's no longer there/you have no info, but it's still the law that they have to stop calling you within 30 days. Worst case scenario, you'll get a letter you can easily learn to ID and toss once a month.

Not sure if there's a way to force them to cut off contact 100%.

[KellyHabersham]

So far it's just been the one phone call, but considering the history of getting letters and phone calls looking for "Rick", just thought I would put this out there. (not a constant thing, just has happened in the past)

I do know that the one time I spoke with someone on the phone about it (this being when I still lived in my apartment), I was told that they could not remove my name and contact info from Rick's file, that he would have to contact them personally. ( Although this was the student loan company, so they might have had different policies)

And I wouldn't be lying about not having Rick's current contact info, because I honestly don't.....all I know is that they live in the San Diego area.

[taxguykarl]

Agreed with sending a paper letter certified demanding no contact about Rick's debts. As my co-irker P would often say "Lose this number".

When you get letters addressed to him just write RETURN TO SENDER ADDRESSEE UNKNOWN. Don't open them. Yes, we get collection calls and letters for Mrs. TGK's ex and that's how we deal with those.

[mjr]

So what I'm wondering is......what might be the best way to handle this? Just ignore the phone calls, or if the collection agency calls again, answer the phone and tell them this is NOT a way to reach "Rick", and that we don't have his current contact info?

Here's a relevant part o the Fair Debt Collection Practices Act that might be helpful:


Collectors cannot contact third parties—such as family or neighbors—more than once about your debt, and they cannot discuss the details of your debt. This is illegal but not uncommon practice.

Also helpful: http://www.daveramsey.com/blog/the-t...bt-collectors/

And the FTC's site: https://www.consumer.ftc.gov/article...ebt-collection

[Nunavut Pants]

Those are magic words, BTW. "Fair Debt Collection Practices Act." It seems to shut down more than 50% of collection activity just by mentioning it!! Find it and read it; when they try to violate it tell them what part they are violating and what your recourse is. (Especially if it's "damages". They hate paying money to people they think they can get money out of!!)

[KellyHabersham]

As it turns out, the said collection agency may be just a scam.....I've since googled the name, and a lot of scam reports/complaints came up. (one of my mom's brothers also looked into it)

Still think it's a bit odd that they managed to connect Rick's name with my mom's landline number. Unless they got their info from Spokeo.com .....which does list Rick as living here. (although with several other non-existing people)

[Sapphire Silk]

I do know that the one time I spoke with someone on the phone about it (this being when I still lived in my apartment), I was told that they could not remove my name and contact info from Rick's file, that he would have to contact them personally. ( Although this was the student loan company, so they might have had different policies)

And I wouldn't be lying about not having Rick's current contact info, because I honestly don't.....all I know is that they live in the San Diego area.

You don't owe a collection agency the duty of truth. These are not law enforcement agencies, though a common (but illegal) tactic is to masquerade as one (or a lawyer's office). So feel free to lie if it gets them off your back.

But the truth in this case is so much simpler: "I do not know where Rick is. We are estranged and have not spoken in years. I am not responsible for his bills. Do not contact me again or I will file a complaint under the Federal Fair Debt Collection Act with the FTC."

I guarantee you that agency will stop calling you. They are right they can't remove your contact info from your file without your permission, but they CAN place a note that the contact is worthless.

Agreed with sending a paper letter certified demanding no contact about Rick's debts. As my co-irker P would often say "Lose this number".

When you get letters addressed to him just write RETURN TO SENDER ADDRESSEE UNKNOWN. Don't open them. Yes, we get collection calls and letters for Mrs. TGK's ex and that's how we deal with those.

A certified letter is another good way. Definitely don't open Rick's mail. That's actually a federal offense. Sending it back "Return to Sender address unknown" is also a good idea.

As it turns out, the said collection agency may be just a scam.....I've since googled the name, and a lot of scam reports/complaints came up. (one of my mom's brothers also looked into it)

Still think it's a bit odd that they managed to connect Rick's name with my mom's landline number. Unless they got their info from Spokeo.com .....which does list Rick as living here. (although with several other non-existing people)

There are a lot of vulture agencies out there that buy up debt for pennies on the dollar. You still don't have to tell them anything, and you can still demand they stop calling you on the same basis. These guys don't want federal attention; they'll stop.

I did have one agency insist I owed on a cell phone bill I had paid off. Fortunately, I had the receipt to prove it and I told them to pound sand. Never heard from them again.

Now as for the issue of preventing any future agency from contacting you about Rick's debts:

You can't. As long as he continues to give your contact information to creditors, they can use it to try and track him down. I get phone calls on occasion from debt collectors trying to contact my ex-husband, even though we've been divorced for over 15 years and have NO contact with one another. And I'm not even sure he's giving them my contact information since I've moved so much since we split, through multiple states I might add. Somehow they research him and find out I was his wife, so they track me down to try and get to him.

So all you can do is tell these agencies you don't know where he is and don't speak. Feel free to rant about what an asshole he is. I did that the last time I got a call about the ex (well actually it was about a bill his new WIFE was a deadbeat on), and they never called me back and I never heard another thing about it

If nothing else, it will feel good

[taxguykarl]

There is also another forum on debt issues. You will find some possible ways to get some financial mileage at the collectors' expense.
As long as Rick has some kind of debt and gives your contact info, you will get calls and correspondence. Just left the collectors know that yours is a dry hole. Hell, I get calls for people with the same last name, my reply is always "Who?".

[morgana]

I got an interesting call along these lines a month or so ago.

Guy asked for "Marie Galbraith". I said, "Who?" Dude asks me if I'm sure I don't know who she is; his database lists me as a relative of hers. Then he asks me for "Phyllis Galbraith" . . .

Okay . . . now comes the dawn. Phyllis is my ex-sister-in-law. And, oh, yeah, now I remember; Marie is her daughter.



Then dude asks me why this conversation is funny. And I explain the relationship, and hand him the capper to the joke. Phyllis is my EX-sister-in-law. As in I divorced Phyllis' brother THIRTEEN YEARS ago.

Dude couldn't get off the phone fast enough.

[KellyHabersham]

Thanks much for the responses and advice, it's been very helpful!

So far it's just been an occasional phone call, and because googling the number brings up "scam" comments, I'm thinking it's best to just ignore them. Although I do think it's odd that the recorded message says "This message is intended for.....", and it says "Rick" in Rick's voice.

[Sliceanddice]

So a little derailment

My father died in August.

One of the many many asshole things he used to do we're to one change his phone number every few months and use my phone number on things he knew he could get collection calls on since my number never changed.

Before he died I always said there is no one at this number by that name (especially since they would always mispronounce his last name which was kind of trigger for me) and after he died I started saying that *slicey's father* died in August.

One person obviously though I was lying. They started to argue that I was obviously try to protect him and should put him on the phone like a good little girl. I was understandably pissed. I ripped into him and told him 'well he's buried in Wyoming and I bet if you did your job and contacted social security they could tell you to pull your head out of your ass. Especially since I know my grandparents must have contacted them as he was collecting social security disability benefits but if you seem to think it's best to try and continue to collect a dead man's debts from his grieving family I'm sure the government would love to hear it'. He quickly said thank you for time I'll update the records and hung up.

I was standing at a bus station at the time.... I saw a lot of surprised college students staring wide eyed at me.

[mjr]

A collection agency called my house one time looking for my sister. My wife answered the phone, basically said, "She probably knows she owes you money, she just doesn't care. Good luck with that."

They hung up.

[Sapphire Silk]

I got a text from my brother recently; a woman had called looking for me and left her number and he passed it along. I knew it was a bill collector.

So I called, got the woman and asked why she'd called him. She said she was trying to collect on a hospital bill (which I knew about but didn't have the money to pay at the time).

I instructed her not to call him or me again and to communicate in writing. She agreed and said "And how will you be paying that today?"

Me: I'm not paying anything today. You must communicate with me in writing first. Have a nice day. *click*

I'm not trying to be a dick. I pay my bills. But sometimes I have to set my own priorities and I am not going to justify those to someone on the phone whose sole priority is to collect TODAY.

[MoonCat]

A lot of these "collection agents" are total scam artists. I'm sorry to say that my area is a hotbed for unscrupulous collection agencies, and every year or so there's a big announcement from law enforcement & the state attorney general about how they just closed down another boiler-room operation. In many cases, the debts they were trying to collect on were actually paid off (or written off) years ago.

Just something to keep in mind when you get these calls. DON'T pay anybody by phone unless YOU contact them first, and even then make sure you actually still owe the money. Get it in writing and make sure it spells out exactly what you owe, and what it's for.