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What if you aren't the person the collection agency is trying to contact?

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    What if you aren't the person the collection agency is trying to contact?

    This isn't exactly BK related, but it is Collections related.

    Unfortunately, having filed BK myself, I didn't get the good financial wisdom that my father has! My parents pay all their bills on time, live within their means, etc. But, for the last, probably, 3 years, they have been receiving collection letters and calls for someone with the same first & last names as my dad. The middle names are different, as well as, obviously, social security numbers, address (not even in the same STATE!), date of birth, etc.

    He has received calls from Cingular, Dish Network, a couple credit cards. The ones mentioned already were cleared up when he pointed out the the discrepancies between himself and this other man.

    But, Kohl's has been the worst. There were nasty nasty calls on his answering machine from a woman saying, "You WILL call me back TODAY by 5PM, OR ELSE!" Of course when he called back and said it wasn't him she argued that it was him. He asked her, "Do you know even where you are calling?" He lives in SC and has for the last 40+ years. The man she was looking for lives and has charges all fees in Connecticut. She cursed at him and hung up. LOL

    Anyway, Kohl's has turned the account over to collections. And, apparently no one can find the man they are looking for. Everytime the collection agency changes, new rounds of calls start. And, the agents are not nice at all. He has had so many hang ups, profane language, and just constant calls. It is a huge nusance. Even when he answers the phone and tells one agent what's going on, there are probably 3 or more calls from different agents that week.

    Is there anything he can do to make the calls stop?

    Sorry to be so long winded! But, I remember back to my pre-BK days when I was getting the calls...And, I certainly don't want my parents to have to deal with it especially when the calls are for someone in another state!

    #2
    Originally posted by LisaM View Post
    I certainly don't want my parents to have to deal with it especially when the calls are for someone in another state!
    Here are some ideas to try....

    If your parents don't have caller ID, help them get signed up for it. Collection calls often come through as "Private Caller" or numbers from outside their area code without names. Tell your parents not to answer these calls. Let the machine pick up and if it really is someone they do want to talk to, that person will leave a message and your parents can call them back.

    Sometimes it's very hard for older folks to not answer a ringing phone and not talk to everyone who calls. However they don't have to talk to these cockroaches, and they don't owe a thing to the collectors to help them find the right person.

    Your dad can try sending a registered letter return receipt to the collectors stating the facts and asking them to stop calling immediately. Sometimes this helps because if the calls don't stop after the collector receives the letter, it sets the collector up to be in violation of the Fair Debt Collections Act and they can be sued.

    Also be sure to advise your dad to check his credit report right away. These collectors could be sending the credit bureaus incorrect information related to these debts that is hurting his credit score. He can get rid of it by asking the credit bureau involved to prove that the debt is his. When they can't prove it is his, they have to stop reporting it.

    Hopefully others here will have some ideas as well. Good luck - I hope your parents' phone is quiet soon.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      Originally posted by lrprn View Post
      Here are some ideas to try....

      If your parents don't have caller ID, help them get signed up for it. Collection calls often come through as "Private Caller" or numbers from outside their area code without names. Tell your parents not to answer these calls. Let the machine pick up and if it really is someone they do want to talk to, that person will leave a message and your parents can call them back.
      You can also get private caller block on your phone. Belive it or not many of the cc companies have no way to get around that since they use automated dialers. Anyone who is calling from a regular phone (for example a friend with an unlisted number) only needs to follow the instructions and there call will still go through and will show their number for that call only.
      Filed: 10/26/2006
      Discharged: 03/05/2007
      Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

      Comment


        #4
        I would think that your parents could actually call the police on this one since it is harrasment and it is not for a debt that they own. Next time they call have your parents tell them that if they call anymore that they will file charges at the local police station for harrasment. Then I would follow through with the threat if they do keep calling. Comments like " or else " can be construed as a physical threat and should be grounds for a restraining order and/or a lawsuit. I'll bet it doesn't go any further than the threat though.
        Filed Chapter 13: 3/12/07
        Confirmed 5/14/07
        Last day from Claims 7/10/07
        Trying to stay under the radar

        Comment


          #5
          This same thing has been happening to us lately. Several collection agencies have been calling because of having the same name as someone else. Luckily we have a VOIP phone sevice that has an awesome feature that can forward any phone number you want to any phone number you want. Example--one number that kept calling, I went to my account control panel online and told my phone service to forward all calls coming from that number to the local weather line. So now every time that number calls my house the weather picks up and they have no idea why!! I love it!!

          Comment


            #6
            All above advice is really good. Another thing Dave Ramsey points out is that these are harassment calls and after giving them a stern warning or two have fun with it and get a blow horn to change their lack of listening to a lack of hearing.

            They probably pick up on the frustration and/or age of your parents and think that by hassling them enough they will send the money just to stop the problem.
            CH 7 File Date 11/09/2007
            Discharged 2/22/2008
            Closed 2/25/2008

            Comment


              #7
              Thanks for all your comments! I will definitely share this info with my parents and hope that they follow through!

              Comment


                #8
                Here are a couple of things that might be helpful to your parents. This website (WhoCalledUs) is great. Just type in the information displayed on the caller ID and see if someone has reported the number. That way you can tell if it's a collector before you answer the first time.

                I purchased a device for my phone that allows me to screen and direct all my calls. The ones that I have no intention of taking are directed to a phantom answering machine. They don't even ring on my end. The device is available here (PrivacyCorps website) if your parents are interested. I've been getting calls for my son who doesn't live here and I just don't care to deal with these people, so this thing has been a lifesaver for me. I don't even need to get the nasty messages on the answering machine anymore.
                Last edited by lrprn; 06-22-2007, 06:19 PM. Reason: Add website names to links

                Comment


                  #9
                  Easiest way would be just to change a phone #, and make the new one an unlisted number, and ask the phone co. just to have a recording "the number that you called has been disconnected and is no longer in service", without revealing the new number.

                  Comment


                    #10
                    Or you can always try this...

                    Enjoy the videos and music you love, upload original content, and share it all with friends, family, and the world on YouTube.


                    This guy was harrassed by creditors on a debt someone else owed, so he decided to take some action.

                    Funny prank!

                    Comment


                      #11
                      Thank you Liahh. That just made my day.

                      Comment

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