Received a collections call & still worried...

[Leshaface]

Back in 2009, there was an account on my credit report that was not mine. Someone had used all of my information and had went to a hospital and received $1400 worth of services. As soon as I had caught this, I had filed a dispute letter and faxed it in along with my photo id. They had given me a number to call to check on the status of the dispute and it 'seemed' to have cleared up, since I had never seen it on my credit report again.

Well fast forward to Friday, 3 years later, I received a call from a collection agency saying they were willing to work with me to pay this charge down. I told him that this was already taken care of back in 2009 and that I had the dispute letter to prove it. He said, "it's still on your credit report and even though you can't see it, I can see it and if you're saying this really isn't your account, why didn't you file a police report?" I honestly didn't know what to say. I didn't even think about filing a police report, especially since it had been taken care of.

I'm 6 1/2 months pregnant and my stress level has been pretty high this weekend and I just don't know what to do.

Can someone help me, please, with what my next step should be? As soon as I got off the phone with him, I ran my credit report though annualcreditreport, and it didn't show that account at all, just like it didn't show in 2011 or 2010. Is it true that he can see this, and I can't?

 

[eliza61]

Back in 2009, there was an account on my credit report that was not mine. Someone had used all of my information and had went to a hospital and received $1400 worth of services. As soon as I had caught this, I had filed a dispute letter and faxed it in along with my photo id. They had given me a number to call to check on the status of the dispute and it 'seemed' to have cleared up, since I had never seen it on my credit report again.

Well fast forward to Friday, 3 years later, I received a call from a collection agency saying they were willing to work with me to pay this charge down. I told him that this was already taken care of back in 2009 and that I had the dispute letter to prove it. He said, "it's still on your credit report and even though you can't see it, I can see it and if you're saying this really isn't your account, why didn't you file a police report?" I honestly didn't know what to say. I didn't even think about filing a police report, especially since it had been taken care of.

I'm 6 1/2 months pregnant and my stress level has been pretty high this weekend and I just don't know what to do.

Can someone help me, please, with what my next step should be? As soon as I got off the phone with him, I ran my credit report though annualcreditreport, and it didn't show that account at all, just like it didn't show in 2011 or 2010. Is it true that he can see this, and I can't?

1) Ask him exactly what the name of his company he is calling for, his name and a return phone number. If he refuses to give you any information, inform him you do not talk with random strangers about your credit report.

2) If you don't want the guy calling you immediately ask him to stop contacting you. You must back this up with a written letter. send this certified mail with return receipt.

3) get a copy of your credit report from all 3 agencies. I've never heard of some one able to see some thing that you can't see.

4) If he calls back very firmly tell him, that if he sees it, then you need a copy of the report he is looking at and where he got the information from.

Here is a link for what a debt collecter may or maynot do and they maynot harrass you.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

Here's a link showing you how to write an effective letter to debt collectors

http://www.privacyrights.org/fs/fs27-debtcoll.htm


Good luck with the new baby.

PS. document EVERYTHING!! Every phone call, jot down time, persons name, name of agency and date.

 

[mrsklamc]

Find a way to record your conversations. Collections agencies behave in illegal manners all the time because no one stands up to them.Do exactly as PP's have said, but also start recording your phone calls. And no, it's not the case that he can see it and you can't, and you were under no obligation to file a police report, you disputed the charge with the credit bureau.

 

[Praying Colonel]

Zombie Debt

 

[LubbersLine]

Find a way to record your conversations. Collections agencies behave in illegal manners all the time because no one stands up to them.Do exactly as PP's have said, but also start recording your phone calls. And no, it's not the case that he can see it and you can't, and you were under no obligation to file a police report, you disputed the charge with the credit bureau.

Bad idea since in many states recording a conversation without consent is illegal. If you record a conversation you will need consent FIRST.

 

[marmalade]

Back in 2009, there was an account on my credit report that was not mine. Someone had used all of my information and had went to a hospital and received $1400 worth of services. As soon as I had caught this, I had filed a dispute letter and faxed it in along with my photo id. They had given me a number to call to check on the status of the dispute and it 'seemed' to have cleared up, since I had never seen it on my credit report again.

Well fast forward to Friday, 3 years later, I received a call from a collection agency saying they were willing to work with me to pay this charge down. I told him that this was already taken care of back in 2009 and that I had the dispute letter to prove it. He said, "it's still on your credit report and even though you can't see it, I can see it and if you're saying this really isn't your account, why didn't you file a police report?" I honestly didn't know what to say. I didn't even think about filing a police report, especially since it had been taken care of.

I'm 6 1/2 months pregnant and my stress level has been pretty high this weekend and I just don't know what to do.

Can someone help me, please, with what my next step should be? As soon as I got off the phone with him, I ran my credit report though annualcreditreport, and it didn't show that account at all, just like it didn't show in 2011 or 2010. Is it true that he can see this, and I can't?

Collection agencies don't have some magic credit report where they can see things that you can't. You pulled your CBR and it wasn't there, which means it isn't on your credit report. You will get nowhere with the collection agency, they hear people all day everyday claiming the debt isn't theirs. They don't believe anyone. I would contact the original company that the fraudulent debt occurred and notify them of the situation. I would request a letter stating that you do not owe a debt with them, and have them pull the account from the agency.

In the meantime I would send a letter to the collection agency stating that this debt is in error and send all info you have. I would also request all further contact be done in writing and specifically state you no longer want any phone calls.

Good Luck!

 

[eliza61]

Bad idea since in many states recording a conversation without consent is illegal. If you record a conversation you will need consent FIRST.

It may be a little easier (or at least in NJ) all you have to do is prior to beginning phone conversation inform the person that this telephone call is being recorded and that they have a time period (usually 10 secs) to hang up. Also inform them that continuing the conversation means that they are aware of the recording and consent to it.

If this collection agency is legitimate, they should have no issues with having the telephone call taped.

It can be very friendly some thing like,
Hi, who am I speaking to?
Hi Mr. Jones, I am required to inform you that I am taping this conversation for authenticity. You can decline to be recorded and end this telephone conversation. If you decide to continue speaking with me, you are granting me consent to record the conversation. I totally understand if you do not wish to consent to this and please feel free to send me any information in writing.


I got this from the NJ senior citizen advisory. They gave a talk at the public library for seniors on how to deal with abusive collection agencies. I am not an attorney.

Definitely some one who is thinking this should check. I know the BBB has a ton of information on it.

 

[Leshaface]

1) Ask him exactly what the name of his company he is calling for, his name and a return phone number. If he refuses to give you any information, inform him you do not talk with random strangers about your credit report.

2) If you don't want the guy calling you immediately ask him to stop contacting you. You must back this up with a written letter. send this certified mail with return receipt.

3) get a copy of your credit report from all 3 agencies. I've never heard of some one able to see some thing that you can't see.

4) If he calls back very firmly tell him, that if he sees it, then you need a copy of the report he is looking at and where he got the information from.

Here is a link for what a debt collecter may or maynot do and they maynot harrass you.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

Here's a link showing you how to write an effective letter to debt collectors

http://www.privacyrights.org/fs/fs27-debtcoll.htm


Good luck with the new baby.

PS. document EVERYTHING!! Every phone call, jot down time, persons name, name of agency and date.

Find a way to record your conversations. Collections agencies behave in illegal manners all the time because no one stands up to them.Do exactly as PP's have said, but also start recording your phone calls. And no, it's not the case that he can see it and you can't, and you were under no obligation to file a police report, you disputed the charge with the credit bureau.

Zombie Debt

Collection agencies don't have some magic credit report where they can see things that you can't. You pulled your CBR and it wasn't there, which means it isn't on your credit report. You will get nowhere with the collection agency, they hear people all day everyday claiming the debt isn't theirs. They don't believe anyone. I would contact the original company that the fraudulent debt occurred and notify them of the situation. I would request a letter stating that you do not owe a debt with them, and have them pull the account from the agency.

In the meantime I would send a letter to the collection agency stating that this debt is in error and send all info you have. I would also request all further contact be done in writing and specifically state you no longer want any phone calls.

Good Luck!

Wow you guys are so amazing

Thank you so much for all this information. I'm the kind of person that continues to dwell on things and get worked up, even though I know this isn't my fault.

I should mention, when I got off the phone with him, I got his name and number so I could call him back once I found my dispute letter. After I had found it, I called him back, and he tried looking up my name, and couldn't find it in his database. I repeated back how to spell it three times and when he couldn't find it he asked for my Social Security number and I hung up. So not sure if that means this is a fake collector (even though he had all the correct information about that hospital account) or what.

Again, thank you all so much for helping relieve some of the weight that is on my shoulders right now. I really appreciate it.

 

[geckodani]

Please be very cautious with this. A recent news report ran in MI about a scam that is being run regarding collections. You've already been given some good advice.

 

[dreamer03]

Bad idea since in many states recording a conversation without consent is illegal. If you record a conversation you will need consent FIRST.

I learned in one of my legal classes in college that recording phone calls is a "gray" area. As long as one of the parties on the line consents to the recording than the case would get thrown out of court anyway.

 

[bettymae1121]

I learned in one of my legal classes in college that recording phone calls is a "gray" area. As long as one of the parties on the line consents to the recording than the case would get thrown out of court anyway.

especially since most collectors record the calls anyway! If they are recording you should be able to as well.

You can send them a cease and disist letter if you got their mailing address. You must insist they stop all contact including by mail, there is no such thing as a partial cease and disist where they aren't allowed to call you but can still send you mail, it's all or nothing. Send it certified mail return receipt, it will cost you $5 but then you have a guarantee that they got it. If they contact you again after that (other than to say they got your letter and will no longer contact you) you can sue them.

Then just keep an eye on your credit reports and if it pops back up, deal with it then. Otherwise go on with your life and don't worry about it.

And congrats on the baby!

 

[marmalade]

I can't believe I forgot the most important first step, request a debt verification. They will have to send you proof that this debt belongs to you. They have 30 days from the date they receive your request in writing for a debt verification to give you all information. If they can't get the info to you within the 30 day time frame it is illegal to continue to collect on the debt with you.

 

[bettymae1121]

I can't believe I forgot the most important first step, request a debt verification. They will have to send you proof that this debt belongs to you. They have 30 days from the date they receive your request in writing for a debt verification to give you all information. If they can't get the info to you within the 30 day time frame it is illegal to continue to collect on the debt with you.

She can go that route but for zombie debt like this, I think her best move is just to do a C&D. She's pregnant and doesnt' need the stress. Odds are they'll get the C&D and move on to easier pickings. I get the feeling they are just looking for the low hanging fruit and won't pursue anyone that they think knows their rights.

 

[donalduck]

Tell him to piss off and go jump in the lake.