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    Creditor calls for someone else!

    My last name is not very common but there is a woman in my area with the same first and last name as mine. The only difference is the middle name (or initial). About 3 months ago I started getting calls from creditors for this person who definitely is not me. This is on my home landline, which is a published number. I never answer any calls unless I recognize the name/number on the caller ID display.

    At first I thought creditors were coming after me even though I've been discharged since 2004, but then I realized the calls were for someone else. I did a public records search and found the woman the calls are intended for. Her record looks pretty much like mine did pre-BK. The calls are increasing in frequency and each week brings a new collection agency. The few that leave messages say... "This is a call for Jane Smith. If you're not Jane Smith please ignore this message........." but then the message goes on and on and on....

    Has anyone been through this? I would really hate to change my number or get an unlisted number. I'm definitely NOT the person they are looking for and my credit is impeccable almost 6 years after discharge.

    Any ideas? This is really getting on my nerves now.
    BK 7 filed and discharged in 2004 after 30+ years of perfect credit. Life HAPPENS.

    #2
    You should install a second unlisted phone number, give that number to your friends and family, find out what Jane X Smith's phone number is and call forward your published number to her :-)

    --William
    Last edited by BKDefender; 02-04-2010, 07:13 PM. Reason: added smiley
    I am an attorney, but I am just not your attorney.
    As such, any statement is not intended to create an attorney/client relationship.

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      #3
      I would be a little more aggressive with the CA.

      1) I would answer and let them know they have the wrong person.
      2) I would record and log each call.
      3) I would send a written cease communication.
      4) If they continued I would sue them for TCPA violations: http://www.fcc.gov/cgb/policy/TCPA-Rules.pdf
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        I would simply answer once, tell them the situation, and refer them to the other party. Then if they keep it up, see above with "Startingover". 'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Being chased by creditors or filing bk will make you more sensitive to calls from collectors and creditors. While I agree that it's a p.i.t.a., they are just doing what they do.

          I received a call a couple of weeks ago looking for someone that I haven't seen in 10+ years. Somewhere, somehow, they had a tidbit of information that linked him to my phone number. Whether he listed me on something or said I was a friend, I don't know.

          I did know that the creditor should not have been wanting me, so I answered the call and told them that I never heard of the guy. No more calls since.

          Skip tracers have to earn their paycheck too.........
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


            #6
            Originally posted by StartingOver08 View Post
            I would be a little more aggressive with the CA.

            1) I would answer and let them know they have the wrong person.
            2) I would record and log each call.
            3) I would send a written cease communication.
            4) If they continued I would sue them for TCPA violations: http://www.fcc.gov/cgb/policy/TCPA-Rules.pdf
            This is fantastic advice. The key to success is documentation.
            Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

            Comment


              #7
              Thanks for the comments. Some good advice there. This lady's financial problems appear to be much worse than mine ever were when I filed BK in 2004. She has SIX default judgments for starters.

              I will try StartingOver's advice with the couple CA that I can identify from caller ID, but most simply say "toll free number."

              Thanks again.
              BK 7 filed and discharged in 2004 after 30+ years of perfect credit. Life HAPPENS.

              Comment


                #8
                Hello everyone! I haven't been around much over the past few months, but I try to read posts (at least those in the General Forum) at least once a week. I am working insane hours because of my county government's continuing budget issues and the reductions in force. Still glad I have a job. Not sure what's going to happen in the near future though. They keep making drastic cuts due to the reduced tax revenues due to the housing and general economic crisis, and are pushing the older workers out the door. I'm working harder than ever and praying for the best.

                But I wanted to give you all an update on this issue, the creditor calls for someone with the same first and last name than I do, but with a different middle name/initial. It got really, really bad after my original post above and I finally got damn angry! I started answering the calls whenever I could (most came during the day while I was at work) and told them straight out to stop harassing me and to make full use of Florida's very open and free public records law to locate the person they wanted. "Since I found 'Mary J. Smith' on my own, and that's the one you are looking for, why don't you do some research on your own and spare me the aggravation?"

                I was shocked, but it worked like a charm with each of the 5 creditors looking for this person. They apologized and said they would look into it. No harassment from any one since then! The only annoying "hangup" calls I get now are those from political organizations. Its that time of year, ya know!

                Hope everyone is well. Fight the good fight and keep the faith.
                BK 7 filed and discharged in 2004 after 30+ years of perfect credit. Life HAPPENS.

                Comment


                  #9
                  I have one creditor that was calling me all the time looking for somebody other then myself. Aftr a while it became very irrating and I would say "Get off my phone you moron!" which only irked them even more.

                  The company was registered as a foreign company in my State. I wrote them a letter telling them if they continued doing what they were doing I was going to have them arrestd for harrassment.

                  End of calls.
                  Golden Jubilee was a year-long celebration held every 50 years in which all bondmen were freed, mortgaged lands were restored to the original owners, and land was left fallow: Lev. 25:8-17

                  Comment


                    #10
                    Generally good advice from StartingOver08, but the way you handled it appears to have worked nicely. Only major comment I have is that prior to recording a call, please check your state's laws. It may well be that you may have to inform the other side of the call that you are making the recording and/or you need the other side's consent to record the call.
                    The opinions above are not and should not be considered legal advice or establish an attorney/client relationship. In addition, I have no knowledge of any confidential facts, am not a debt relief agency, and probably don't have the right to practice in your jurisdiction anyway ... so, please talk to your own attorney.

                    Comment

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