I am sitting in my house watching tv when I get a call from a number in Virginia so I answer it and its Portfolio saying they are trying to collect a debt for Capital one from a card opened in 2/2002 and charged off in 10/2002. I tell them I currently have one capital one account that is open and paid in full and never had another one and during that time period they list I was not even in CT because I was in college in Buffalo, NY. So I ask to speak to a supervisor which makes the rep mad. I speak to the supervisor and ask why are they calling me when that is not my debt. He says it has my name, my parent's address, my ssn, and my DOB so it is mine. I ask him even if it is my debt when is the last time there was any activity on the card and he said they charged it off 10/2002. So I said even if it was my debt which it is not the SOL has passed and do not contact me anymore concerning this bc it is not my debt. He is yelling and screaming telling me I don't know what I am talking about and if I did I wouldn't have asked to speak to a supervisor so I tell him I am quite well versed in how collections work and if hey call my house again I will call the police and tell them they are harassing me. He is yelling and screaming so I hang up the phone and call capital one who said oh we only see one account for you the one you currently have open so I say is there a way to search to see if I ever had any other accounts and he transfers me to a dept who tells me in fact that I did have a capital one account that was charged off in 2002. So I tell him this is not my debt and why is a company trying to collect a supposed debt from 2002 from me that is not mine. he tells me to call back Portfolio and open a dispute with them.
My questions are:
1. Do I need to open a dispute since this debt is from 2002 and I do not want to do anything to re age the account especially since it is not mine?
2. I have had my phone number for 3 years and been in this house for almost 2 years and since I put my parents on as AUs I am now getting some of their collections sent to m address. Could this somehow inadvertently been put on as my account? Disregard this. I just checked my mother's credit report and her capital one account is from 2005-2009 so this is a completely different account.
3. Do I need to do a debt validation or send a cease and desist letter to them because I check my credit reports often and there is no collection from capital one on there?
Thank you,
Starting Score: EQ 603~TU 613
No it is not on my credit reports at all. I just had pulled my experian this morning. Now i am about to pull equifax and transunion but I had just checked them the other day and there is nothing on them showing this account.
I do not know where this account came from and I do not know why they think they can scare me into paying it. Maybe if I wasn't on these boards and I didn't know how it works I would pay but to use scare tactics is not going to work on me. I will need to call them to get the account number so I can send them a letter but I do know if they call me again I will call the police without hesitation.
Have you pulled your CR's recently to verify that it actually does show up on your CR? The reason I ask is because something similar happened to me.
I would not talk to them over the phone any further and definitely don't make any kind of payment arrangement, promise to pay or acknowledge that as your debt. It is out of the SOL so sending them a "cease and desist" or "zombie debt" letter would probably be a good idea. There is an awesome thread that one of the mods put on the Rebuilding your credit forum that has some sample letters you can get some ideas from or ask some of the other members and they'll share theirs.
If it does happen to show up on your CR, I'd dispute it through each CB. That's where I would start. I've dealt with these folks as well and they'll do whatever it takes to try and scare you into making arrangements/payments.
GL!
Ok thanks so much. I will not even call them and leave it alone. I have to go to doctor's in an hour I bet they are going to ask me why my BP is so high? LOl thanks for all the help. I love this board!!!!!
@LilloEsquilo wrote:Start keeping track of when they contact you, record the calls if you are legally allowed to. Who knows, maybe you can end up suing them for violating the law. I'm told each continued contact afer you request it stop is worth 1000 dollars in court. If you can get a judgement on them, maybe you can hire bill collectors to go after them, wouldn't that be sweet?
Lol I am. Today was the first call so if they call me after this I will make sure to record the calls. This is just ridiculous. I like how they call around tax return time as well.
You should record the phone call but legally. Let them know as soon as you answer that they are on a recorded line and ask them if I choose to proceed knowing they are being recorded. I can almost promise you they will hang up 9 times out of 10.. BUT if they do choose to talk to you and harass and try scare tactics then you have them by the neck.. Contact your attorney and instead of them trying to squeeze money of you they'll be throwing money at you to settle.. Don't put up with Telephone tough guys..
