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Valued Contributor
IOBA
Posts: 2,659
Registered: ‎08-13-2009

Please refresh my memory....

A received a voicemail from a Mr. X with CMS looking for Mr. Duh.   Mr. X informed me that I was related to Mr. Duh and he was looking for Mr. Duh to collect on some bad checks.

 

1.  If I remember correctly, Mr. X can only call me ONCE trying to locate Mr. Duh.  Is this correct?

2.  Mr. X should NOT have stated he was looking for Mr. Duh to collect on bad checks.  (He's not suppose to say why he's calling, right?)

3.  I have already pulled my annual reports (just a few weeks ago).  I am concerned because Mr. X called my cell phone number.   The only way I can think of that Mr. X got my phone number was if he pulled my credit.  Mr. Duh has never had this number, nor have any of his friends, or his relatives.  (His real and his fake relatives.)   Can I pull my credit reports again to find out if Mr. X pulled my credit??  <my cell phone is not even in my name, that is how careful I have been; it's not even tied to any accounts.>

4.  I am unable to find a website for Mr. X (CMS and Associates).  Bad sign?

5.  I googled Mr. X's phone number (caller ID and what he left in voicemail are the same).  Just a few very recent complaints about Mr. X calling from CMS to collect on a debt.

6.  As of a few months ago, Mr. Duh still lived in the same house, drove the same car, and had the same bank.   A friend reported that she had driven by and Mr. Duh was still there and so was his car.  I have not seen or talked to Mr. Duh in seven years.  (Moved and changed my phone number and email.  I do NOT want Mr. Duh to know where I am.)   Is there something else I can do to verify where Mr. Duh is without having any contact with him?

7.  Should I be suspicious that Mr. X is really trying to nail me for something?

 

Thanks you (in advance) for reading and responding.

Valued Contributor
IOBA
Posts: 2,659
Registered: ‎08-13-2009

PS - I did a search on these boards and didn't find anyth...

PS - I did a search on these boards and didn't find anything for the company CMS as a debt collector.

 

AND the phone number that showed up on caller ID and that Mr. X said to call back is one of those 800# type numbers - so I can't even pinpoint a state or a city.

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Shogun
Posts: 12,902
Registered: ‎04-15-2011

Re: PS - I did a search on these boards and didn't find anyth...

They should not have told you why they are trying to find him.  If you do talk to them, you can state you do not know where to find him and not to call again.  


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Established Contributor
guydiver
Posts: 534
Registered: ‎08-30-2007

Re: PS - I did a search on these boards and didn't find anyth...


Shogun wrote:

They should not have told you why they are trying to find him.  If you do talk to them, you can state you do not know where to find him and not to call again.  


Or you can drop a dime on mr. Duh, tell Mr. X where he is.  Mr. X will take it from there. 

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Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Please refresh my memory....

[ Edited ]

If a debt collector places a call to any third party that is not the consumer asserted to owe the debt, that contact is regulated by FDCPA 805(b)

 

FDCPA 805(b) generally prohibits a debt collector from communicating with third parties unless that communication meets the condiitions of section 804, which relates only to assistance in locating the consumer.

 

Section 804 expressly limits such communications for the sole purpose of attempting to obtain location information for a consumer alleged to owe the debt.

It prevents them from stating that the consumer they are attempting to locate owes any debt, and limits them to one call to that third party unless the "debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.."

 

You are thus entited, if they place a renewed call, to ask their basis for reasonble belief that your earlier response was incomplete or erroneous, and why they assert you now have correct or incomplete information not previously provided.

 

 

 

 

Valued Contributor
IOBA
Posts: 2,659
Registered: ‎08-13-2009

Re: Please refresh my memory....

[ Edited ]

Thank you for the responses.

 

I just did an internet search for Mr. Duh.  He appears to be in the same house he has lived in for 10 years.  His number is public.  And if Mr. X is really after him, then I suspect he could easily find him and serve him, so why go out of his way to search for me and contact me??

 

1.  If I remember correctly, Mr. X can only call me ONCE trying to locate Mr. Duh.  Is this correct?  Mr. X called once and left a voicemail.  Is he allowed to keep calling me until he talks to me?  Or is once the limit?

2.  Mr. X should NOT have stated he was looking for Mr. Duh to collect on bad checks.  (He's not suppose to say why he's calling, right?)  Mr. X very clearly said he was calling to find Mr. Duh, my relative, regarding bad checks.  Bad Mr. X!

3.  I have already pulled my annual reports (just a few weeks ago).  I am concerned because Mr. X called my cell phone number.   The only way I can think of that Mr. X got my phone number was if he pulled my credit.  Mr. Duh has never had this number, nor have any of his friends, or his relatives.  (His real and his fake relatives.)   Can I pull my credit reports again to find out if Mr. X pulled my credit??  <my cell phone is not even in my name, that is how careful I have been; it's not even tied to any accounts.>   Is there a legit way to pull my credit reports again (for free) to find out if Mr. X pulled my credit to get my cell phone number?   That is the only way I can imagine he could have gotten since Mr. Duh does not have it and none of Mr. Duh's relatives or friends have it.  I had just pulled my credit reports for free a few weeks ago.

4.  I am unable to find a website for Mr. X (CMS and Associates).  Bad sign?  

5.  I googled Mr. X's phone number (caller ID and what he left in voicemail are the same).  Just a few very recent complaints about Mr. X calling from CMS to collect on a debt.

6.  As of a few months ago, Mr. Duh still lived in the same house, drove the same car, and had the same bank.   A friend reported that she had driven by and Mr. Duh was still there and so was his car.  I have not seen or talked to Mr. Duh in seven years.  (Moved and changed my phone number and email.  I do NOT want Mr. Duh to know where I am.)   Is there something else I can do to verify where Mr. Duh is without having any contact with him?

7.  Should I be suspicious that Mr. X is really trying to nail me for something?   Mr. X has to go way out of his way to track me down.  Then he claimed I was a relative to Mr. Duh -- and I am NOT related to him in anyway!   There was never joint credit!   And I look at it - Mr. Duh is in the same place he has been for the last 10 years....so why hunt me down when I have no connection to Mr. Duh?  It wouldn't be the first time someone has called me and left a lie on voicemail.

Valued Contributor
GregB
Posts: 1,670
Registered: ‎05-24-2007

Re: Please refresh my memory....

It is possible that they are after you but it seems very unlikely. It is far more likely that they are really after Mr. Duh and trying to put pressure on him by contacting relatives, friends, etc. The fact that they left improper information in a voicemail tells you they aren't very sophisticated debt collectors. I suppose it is possible that they aren't debt collectors at all but that seems very unlikely.

 

You are concerned about how the found your cell phone number that Mr. Duh does not have and isn't in your public information. That is not difficult for someone that has some tools for that. They will find some information and completely miss others.

Valued Contributor
IOBA
Posts: 2,659
Registered: ‎08-13-2009

Re: Please refresh my memory....

Hhhmmm....your response made me feel a little better.  That and Mr. X has not called again.

 

Maybe I could dig up all kinds of information on Mr. Duh's REAL relatives (we were never related) and his REAL neighbors (we don't even live in the same state!) and send it to Mr. X.

 

I appreciate all the responses.   The call was very unsettling.  I relistened to the saved message and Mr. X had even left a case number.   He even used my real last name - which Mr. Duh would not have had/known becuase we were never that close.   I guess that is part of the reason was unsettling about Mr. X calling - he had information that Mr. Duh should not have had.   Why list me as a relative?

Mega Contributor
RobertEG
Posts: 17,456
Registered: ‎03-19-2007

Re: Please refresh my memory....

+1

Any debt collector considering calling any party regarding their collection on a debt must make a primary initial determination under the statute, as that determination defines what they can and cannot do in any contact.  That determination is whether they honestly and reasonably believe the person they are contacting is the party asserted to owe the debt.  Of course, they can later be shown to have been incorrect in that determination, which is not in and of itself a violation of anything provided they had reasonable documentation to support that conclusion.

 

If they dont reasonably consider the party being contacted to be the actual consumer alleged to owe the debt, they cannot disclose in that communication that the consumer they are attempting to locate is even alleged to owe a debt.  Period.

 

Hard to show whether they had any reasonable basis for concluding the party they are calling is the consumer alleged to owe the debt, but if they did not, then they are open to legal action for knowing violation of the FDCPA.


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