Debt collector help - any advice?

[chiefmickeymouse]

My grandmother passed away last July. She had been in a nursing home for for four years suffering from Alzheimer's disease. A few weeks after her death, my parents received a bill in her name for a Walmart Discover card with charges for a couple hundred dollars. My dad contacted GE Banking and told them it was fraudulent and that she had passed away. He sent a copy of the death certificate and filed a crime incident report with the sheriff. GE continued sending bills, and now it has gone to collections.

Phillips and Cohen Associated are now calling them daily. My dad wrote a letter explaining the situation and demanding that they provide proof of the debt as outlined by the FTC. They are still calling and haven't provided proof of the debt. I have written a cease and desist letter for them to send return receipt.

Is there anything else we can do to get them to leave us alone? Thanks for any help you can give us.

 

[Cheshire Figment]

I would suggest going to www.creditboards.com which is a discussion and support board similar to DisBoards. They will be able to provide you with expert-level help.

 

[Coconut36]

My Grandfather who also had Alzheimers became a victim of fraud/identity theft as well. A cell phone and several credit cards.

My Dad did the same..filed a police report, wrote to the creditors with the police report information and stated it was fraud. In our case it never progressed beyond that and not to collections. I question if what they are doing is ethical as the issues should have ended long before collections with the police report as well as the death certificate. Not sure why they turned it over to an agency at all. I would do what you did and notify the agency in writing that the creditor was told it was fraud, give the police report information and the death certificate and ask that they cease and desist contact.

 

[Tozzie]

My grandmother passed away last July. She had been in a nursing home for for four years suffering from Alzheimer's disease. A few weeks after her death, my parents received a bill in her name for a Walmart Discover card with charges for a couple hundred dollars. My dad contacted GE Banking and told them it was fraudulent and that she had passed away. He sent a copy of the death certificate and filed a crime incident report with the sheriff. GE continued sending bills, and now it has gone to collections.

Phillips and Cohen Associated are now calling them daily. My dad wrote a letter explaining the situation and demanding that they provide proof of the debt as outlined by the FTC. They are still calling and haven't provided proof of the debt. I have written a cease and desist letter for them to send return receipt.

Is there anything else we can do to get them to leave us alone? Thanks for any help you can give us.

Fraudulent or not, your parents are not responsible for your grandmothers bills Period. I would send the creditors a strongly worded letter, stating that this is not their debt and the phone did not belong to the person listed on the debt and if they don't stop calling you will insitute legal action. Send the letter certified mail. Your dad should not have asked for proof to begin with as it isn't their debt. The collection agencies think by harrassing you they will get some form of payment. I would also file a complaint with the FTC and if they have caller id or better yet call blocking use it.

 

[bballmom56]

Fraudulent or not, your parents are not responsible for your grandmothers bills Period.

That was my thought. How did they get your father's name and address to send the bill to him?

 

[LuLuO]

That was my thought. How did they get your father's name and address to send the bill to him?

Bill collectors do that. When I was young and stupid bill collectors called my work, mom, father, aunts and uncles, brother and even my mom's neighbors.

I still get calls for my ex's family regarding debts and I have a different last name now and have been divorced from him for over ten years.

 

[chiefmickeymouse]

That was my thought. How did they get your father's name and address to send the bill to him?

I think that someone who worked at the nursing home used her info. to open the account. That's the only thing we can think of. My parents address and phone number is her associated address and her bank account statements and other bills went there. We have checked her credit and this is the only thing on there.

I looked up the debt collectors and apparently they have quite the reputation for looking up family members to harass after someone dies. We are going to call block the number and I'm advising my dad to just forget about it after he sends the cease and desist.

He feels that her name has been "dishonored" since she died without any money, but also without any debt. He really wants to "fix it". I've tried to get him to understand that the debt collection company doesn't care if the charges were fraudulent...they just hope to harass him into giving them some money.

Thanks to everyone who replied.

 

[Lorelei Lee]

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm


Put it in writing, reference the statute and tell them you will sue if they continue to violate the law.

 

[MickeySP]

2 questions.

Is anyone else's name on the card? And does she have any money left in estate?

If no to both, tell them pound sand. If she was solo(whether fraud or not) and she has no estate noone is obligated for the debt. They willtell you are but no you are not - her estate is. Oh and it is only after her burial expenses, and any tax debt, so they can get in line.

If she has an estate then I would do what others said - file with police/AG and follow up there.

 

[bballmom56]

He feels that her name has been "dishonored" since she died without any money, but also without any debt. He really wants to "fix it". I've tried to get him to understand that the debt collection company doesn't care if the charges were fraudulent...they just hope to harass him into giving them some money.

We are quite familiar with collection agencies.

We have been going through this with my MIL and FIL. They had an adult grandson living with them with the same name as my FIL. He was a train wreck and racked up all sorts of debt. So it compounded the problem that the name and address was the same.

A week after FIL passed away, a lien placed against the house for one of the debts. MIL had to hire a lawyer to get the lien removed and wanted to clear FIL's name as he had never had so much as a late payment for anything. They were able to get the lien removed as the collection agency said they would not pursue it ONLY because FIL had died, - not because they had the wrong person. Her lawyer said it would cost her a lot more money to get them to admit they had the wrong person, so she decided to let it go at that point.

She felt the same as you - that his name was being dishonored. It was a very upsetting and frustrating experience. We got her caller ID so that helped her identify the collection calls and she just stopped answering them. That helped her a bit. We are sure she got the warnings about the lien to be placed, but they were addressed to her grandson, so she never opened them.

And you are right - the collection agencies will harass anyone to try to get some money. They don't care who they get it from as long as they get it. You have to be strong and say no, it's not my responsibility.

 

[RachaelA]

That was my thought. How did they get your father's name and address to send the bill to him?

Because they can find anything. I worked for a law firm that handled collections. With a name and previous address, I could find someone's social security number.

 

[eliza61]

My grandmother passed away last July. She had been in a nursing home for for four years suffering from Alzheimer's disease. A few weeks after her death, my parents received a bill in her name for a Walmart Discover card with charges for a couple hundred dollars. My dad contacted GE Banking and told them it was fraudulent and that she had passed away. He sent a copy of the death certificate and filed a crime incident report with the sheriff. GE continued sending bills, and now it has gone to collections.

Phillips and Cohen Associated are now calling them daily. My dad wrote a letter explaining the situation and demanding that they provide proof of the debt as outlined by the FTC. They are still calling and haven't provided proof of the debt. I have written a cease and desist letter for them to send return receipt.

Is there anything else we can do to get them to leave us alone? Thanks for any help you can give us.

Your grandmother has passed and you have no legal responsibility for the debt.
This also happened to my family when a great aunt (my grandmothers sister) passed a few years ago. Actually ours was pretty comical. she had an old bill from sears, this is how the conversation went.

Me: hello, I like to speak with mr. X about an old account in the name of Mrs. ABC.
collection agency: I'd be happy to help you, do you have an acct #?
Me: Yes, it's 1234567
CA: Will Mrs. ABC be paying in full or making an arrangement.
Me: Unfortunately Mrs ABC is deceased and we like that noted.
CA: Will Mrs. ABC be notifying us about this account?
Me: uhmm, I'm sorry there must be a misunderstanding Mrs. ABC is dead.
CA: Do you have an address or phone # where we can contact her?
Me: Yes Pinelawn Memorial Cementary. Long Island, NY
CA: I'm required to inform you that we will report this to credit reporting agencies and it may have a negative effect on her credit report.
Me: At this point, I don't think her credit score is going to worry her.
CA: Is Mrs. ABC available?
Me: Not without a major miracle occuring


Of course by this time my siblings and I are rolling on the floor from laughter. It was evident the collector was reading from a script but talk about stuck on stupid.
I do believe they tried to call my father once or twice but we're talking about a retired NYC cop and a retired drill sargent, trying to intimadate him was a serious waste of time.

 

[Bren's Mom]

The collection agency is violating FDCPA and there is a good chance you can hire an attorney on contingency to sue them. You may or may not get a settlement, but it won't cost you anything unless you do.

http://www.naca.net/

Click on Find an Attorney

Can't hurt to call and talk to a Consumer Advocate attorney.

 

[chiefmickeymouse]

Well, tried to block the calls through CenturyLink and they said they can't block anything long distance??? What the heck? Sent in FCC complaints and blocked the numbers from calling Dad's cellphone (which he just told me today they've been calling). They called twice already today. I feel bad for my parents, as it's really bothering them. I'm visiting from out of state so I am trying to get this resolved before I go home. All of this is over less than $400. I hope whoever stole my grandmother's identity is really enjoying there flatscreen or whatever they bought.

 

[LindaG4458]

I think that someone who worked at the nursing home used her info. to open the account. That's the only thing we can think of. My parents address and phone number is her associated address and her bank account statements and other bills went there. We have checked her credit and this is the only thing on there.

This happened when DH's aunt was in assisted care but was spending most of her time in bed drugged for her various ailments. We arrived for a visit and the door to her apartment was locked. It took the assistant a substantial amount of time to answer the door; she was on the phone, and told whoever on the other end that she had to hang up now. Later that month there were several charges on his aunt's account; the purchases were shipped to other states. We immediately challenged the charges and also told the assistant's agency about the problem. We had no further issues with either the bank or the agency.

The aunt's attorney told us about his wife's (she is disabled) agency nurse caught stealing medications. He has since directly hired her caregivers and had no further problems.

Just to let you know that this does happen. I would like to think that it is rare, but it is disconcerting to personally know two cases.

 

[sunsprinkle24]

Your grandmother has passed and you have no legal responsibility for the debt.
This also happened to my family when a great aunt (my grandmothers sister) passed a few years ago. Actually ours was pretty comical. she had an old bill from sears, this is how the conversation went.

Me: hello, I like to speak with mr. X about an old account in the name of Mrs. ABC.
collection agency: I'd be happy to help you, do you have an acct #?
Me: Yes, it's 1234567
CA: Will Mrs. ABC be paying in full or making an arrangement.
Me: Unfortunately Mrs ABC is deceased and we like that noted.
CA: Will Mrs. ABC be notifying us about this account?
Me: uhmm, I'm sorry there must be a misunderstanding Mrs. ABC is dead.
CA: Do you have an address or phone # where we can contact her?
Me: Yes Pinelawn Memorial Cementary. Long Island, NY
CA: I'm required to inform you that we will report this to credit reporting agencies and it may have a negative effect on her credit report.
Me: At this point, I don't think her credit score is going to worry her.
CA: Is Mrs. ABC available?
Me: Not without a major miracle occuring


Of course by this time my siblings and I are rolling on the floor from laughter. It was evident the collector was reading from a script but talk about stuck on stupid.
I do believe they tried to call my father once or twice but we're talking about a retired NYC cop and a retired drill sargent, trying to intimadate him was a serious waste of time.

 

[DisneyDmbNut]

I am having a problem too...My DD's phone keeps getting collection calls for an Ernesto Munoz..this has been our phone for the past 9 years or so. I called the FTC and they took a report and have sent the letter to stop contact..the problem is, it hasn't stopped them and when I ask their information it is always different. The phone # is listed as "unknown" so it is very difficult to track.
I usually try and scare them by saying they are harassing a 13 year old girl and I am going to report them.
My husband wants to change the number, but 1) why should I have to change MY number and 2) if I get a new number, then I have to get the same wrong number calls again.

 

[chiefmickeymouse]

I am having a problem too...My DD's phone keeps getting collection calls for an Ernesto Munoz..this has been our phone for the past 9 years or so. I called the FTC and they took a report and have sent the letter to stop contact..the problem is, it hasn't stopped them and when I ask their information it is always different. The phone # is listed as "unknown" so it is very difficult to track.
I usually try and scare them by saying they are harassing a 13 year old girl and I am going to report them.
My husband wants to change the number, but 1) why should I have to change MY number and 2) if I get a new number, then I have to get the same wrong number calls again.

If you get a phone number from them you can file a report with the FCC. Does a number come up when they call your DD's phone? You can usually call block of cell phones. Sorry this is happening to you, it sure is a huge annoyance!

 

[DisneyDmbNut]

most of the time it comes up unknown, even on the bill

 

[one_cat]

The truth is the collection agency probably bought the debt for 10 cents on the dollar and are trying desperately to make some money. When they give up they will sell it to another agency for 5 cents on the dollar and so it will go. The best thing to do is simply to not answer the phone unless you know who is calling.