mistaken identity by credit collectors

[jwd621]

Have been contactacted about 20 times over past month at various times and days asking for someone who does not live here with same last name. Wife told them they were mistaken and they said they had my SS # and I co signed a note for a car some time ago.
She was very upset and hung up the phone with no relief they keep calling all the time. I know they are just fishing around looking for someone who will confirm the ID of the person they ar looking for. I get a name and number from the caller ID and have been keeping a record of their calls. Should I even talk to them? If so , what do I need to say or ask them. They are very offinsive when they leave messages on my call notes.
What are my legal options?
thanks
jwd

 

[ibis]

I'm not a lawyer. As I see it there are two possibilites. The serious one is that you are actually a victim of identity fraud and someone out there is using your SS number to get things like car loans. The other is that a collection agency has mistakenly assumed you owe them money and confused names or SS numbers.

It is really important you figure out which is going on. Identity theft can screw up your credit rating for years while you sort it out. You should request your credit reports from the credit agencies ASAP. The fastest way is to get them online, but you can order them by phone. It should be a free service because you suspect fraud.

When you see the reports look to see if there are any new account or loans on your credit report you didn't open. For example, if someone used your SSN to get a car loan, the car loan should show up on the report. If you see ANY discrepancies, dispute it. You can even ask the credit agencies to put a fraud alert on your account.

This the Depart of Justice's Website on Identity Fraud. It has all the links to the credit agencies and tells you step by step what to do.
http://www.usdoj.gov/criminal/fraud/idtheft.html

You should also carefully go through all your bank records and credit cards. Make sure you can account for all your purchases. If you can't account for a charge or withdrawal call your bank or credit card company immediately to track it down. Dispute anything you find out of the ordinary.

You may want to file a police report if you are a victim of identity fraud.

There are laws regulating what a debt collection agency can and can't do. The Federal Trade Comission has a good website outlining your rights. There are also state laws that regulate debt collectors. This is a link to the FTC website.
http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

I think its worth calling your state attorney general's office for further advice.

In either case you should inform the collectors in writing that you are not the person they are looking for. If you suspect that you are the victim of identity theft, tell them that. Send the letter certified mail, or return receipt so you have proof that you sent it (and you know they received it). You should keep a copy of the letter for yourself. Don't give them your personal information like your SS or bank account numbers though.

I know its an overwhelming amount of information. I really hope this is just a case of mistaken identity rather than identity fraud.

Best,

Ibis

 

[ibis]

I forgot to ask

Did you ever cosign a loan for someone? If so you may be responsible for their debt.

Ibis

 

[jwd621]

loan co sign

No, I have never co signed anthing for anyone. I think they are looking for anyone with my last name who implies by the answer given that they know the person they are looking for.
I will tell them to send me any information by registered mail, otherwise drop dead.
When and if they send info I will notify them as you stated, Thank you for the help
God Bless
jwd

 

[Michael Wechsler]

Have been contactacted about 20 times over past month at various times and days asking for someone who does not live here with same last name. Wife told them they were mistaken and they said they had my SS # and I co signed a note for a car some time ago.
She was very upset and hung up the phone with no relief they keep calling all the time. I know they are just fishing around looking for someone who will confirm the ID of the person they ar looking for. I get a name and number from the caller ID and have been keeping a record of their calls. Should I even talk to them? If so , what do I need to say or ask them. They are very offinsive when they leave messages on my call notes.
What are my legal options?
thanks
jwd

Send a written letter and fax. You should state that they have the wrong person and this has continued to be explained many times. You should make reference (specific is good) to the numerous harassing calls and that any further contact may result in your taking legal action against them.

Of note, I had a problem like this with UPS. They sent me bills for someone else with the same last name. These things happen although they are more easily dealt with when the company is large and reputable like UPS.

Good luck.

 

[AJTatty]

Is the collection agency West Asset Management, Inc.? I had a client earlier this year in a very similar situation.

The law that you should read to which you should refer is the Fair Debt Collections Practices Act. Section 813 provides for a private right of action (right to sue under the statute) against the collector for a violation of the FDCPA for up to $1,000 per violation plus actual damages, plus attorneys fees.

Of particular relevance to your situation

§ 805. Communication in connection with debt collection [15 USC 1692c]

Section 805, Subsection (c) CEASING COMMUNICATION.
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1)-(4) (omitted by AJTatty to save space)

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.


Here is a sample letter that addresses some of these issues.

Alleged Debtor:​

Your Client:​

Your Acct #:​

Alleged Amount Due:​

Dear Sir/Madam:

Be advised that the undersigned is not the alleged debtor above. As I have repeatedly advised your collectors when they call, I am not the alleged debtor against from whom you are attempting to collect a debt. [explain the situation]

Please be advised that, pursuant to the Fair Debt Collections Practices Act (UFDCPA), the undersigned hereby disputes the validity of the above-referenced debt in its entirety and demands written verification thereof. The undersigned also demands written verification of the name and address of the original creditor.

In addition, please be advised that you hereby are directed, pursuant to the UFDCPA, to cease and desist from contacting the undersigned in the future except as to provide written verification of the alleged debt demanded herein.

Be advised that your collectors have engaged in conduct that is violative of the FDCPA. Specifically, your collectors have violated 15 U.S.C. §1692d(5) by causing my telephone to ring repeatedly and continuously, and repeatedly and continuously engaging both my wife and me in telephone conversation with intent to annoy, abuse, and harass.

As you should know, pursuant to 15 U.S.C. §1692(k), you may be held liable in a civil action based on your non-compliance with the FDCPA for actual damages, statutory damages, and attorneys' fees based on your failure to comply with the UFDCPA.

Sincerely,



I hope this helps you out.

Now, for my Legal Notice and Disclaimer: This post is intended for general informational purposes only, is not intended and does not create an attorney-client relationship, and is not intended to be a substitute for specific legal advice about any legal case or matter, or to provide legal advice regarding any specific cases or legal matters.

 

[jwd621]

Many Thanks.......

Is the collection agency West Asset Management, Inc.? I had a client earlier this year in a very similar situation.

The law that you should read to which you should refer is the Fair Debt Collections Practices Act. Section 813 provides for a private right of action (right to sue under the statute) against the collector for a violation of the FDCPA for up to $1,000 per violation plus actual damages, plus attorneys fees.

Of particular relevance to your situation

§ 805. Communication in connection with debt collection [15 USC 1692c]

Section 805, Subsection (c) CEASING COMMUNICATION.
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1)-(4) (omitted by AJTatty to save space)

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

§ 809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

§ 813. Civil liability [15 USC 1692k]

(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --

(1) any actual damage sustained by such person as a result of such failure;

(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or

(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and

(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.


Here is a sample letter that addresses some of these issues.

Alleged Debtor:​

Your Client:​

Your Acct #:​

Alleged Amount Due:​

Dear Sir/Madam:

Be advised that the undersigned is not the alleged debtor above. As I have repeatedly advised your collectors when they call, I am not the alleged debtor against from whom you are attempting to collect a debt. [explain the situation]

Please be advised that, pursuant to the Fair Debt Collections Practices Act (UFDCPA), the undersigned hereby disputes the validity of the above-referenced debt in its entirety and demands written verification thereof. The undersigned also demands written verification of the name and address of the original creditor.

In addition, please be advised that you hereby are directed, pursuant to the UFDCPA, to cease and desist from contacting the undersigned in the future except as to provide written verification of the alleged debt demanded herein.

Be advised that your collectors have engaged in conduct that is violative of the FDCPA. Specifically, your collectors have violated 15 U.S.C. §1692d(5) by causing my telephone to ring repeatedly and continuously, and repeatedly and continuously engaging both my wife and me in telephone conversation with intent to annoy, abuse, and harass.

As you should know, pursuant to 15 U.S.C. §1692(k), you may be held liable in a civil action based on your non-compliance with the FDCPA for actual damages, statutory damages, and attorneys' fees based on your failure to comply with the UFDCPA.

Sincerely,



I hope this helps you out.

Now, for my Legal Notice and Disclaimer: This post is intended for general informational purposes only, is not intended and does not create an attorney-client relationship, and is not intended to be a substitute for specific legal advice about any legal case or matter, or to provide legal advice regarding any specific cases or legal matters.

Thanks for the info, I have not been bothered in 2 weeks and hope this activity is over. I never received any info in mail or from them to reply to or fax to.
I am now in "wait and see mode"
jwd

 

[AJTatty]

That is good to hear. I hope all continues to go well. Best of luck to you.