@Anonymous wrote:I still get random calls from random junk debt buyers over debts from over 10 years ago. I usually string them along because I am a pro at saying nothing over the phone.
If they aren't going to send you a Dunning notice or some kind of collection notice by mail, they're just predatory collectors. Tell him "At this point I am telling you to cease and desist contacting me or anyone else by telephone at any number and submit your request and demands by writing."
I've caught CAs in lies in the past and had to actually threaten to sue them (by mail) to collect settlements. Some of these vultures are horrid but their tactics work so well that they don't mind paying 1% of their victims out to settle a lawsuit.
Never negotiate debts over the phone -- you absolutely need it in writing, by postal mail, so you can catch them in mail fraud if necessary.
Kind of off this topic, but you seem knowledgable... Can a collection agency add a collection to your report a couple of months AFTER you already paid it to a different collection agency? I made a post about it, but didn't really receive a clear answer.
@Anonymous wrote:To start the story, we go back to March, 2010. My (now) ex wife opened a Wells Fargo bank account under my name and it defaulted to the tune of $566 and was first reported by collection company TK Financial in July 2013. I found out about this years later, in 2015, when I ran my full credit report to buy a new car. Whatever, I left it be since to pay it would make it current and hurt me more than letting it fall off in the next couple years..
Today, I got a strange call. Some lady saying call this number or we call your payroll and human resources dept at your work. So I called the number, and this guy tells me because of the Wells Fargo collection:
I owe either $966 straight up or $1900 paid over $150/mo installments.
That I had 2 weeks before litigation would begin the process of suing me
In which case I would lose and have to pay $4000 in fees on top of it.
But wait, he could put a 48 hour hold on my account while I arranged payment through their website, and if I did that, he would take $800.
Seems straight enough, right? They're moving forward.
Except...
He refused to tell me anything about the collection account except the date the account was opened and the account #. That's "all the information I have".
Said it sits in a bank-run Checks system, not a regular credit report with the agencies so trying to find information on the debt would be useless, especially with Wells Fargo (conveniently enough)
It's like he wanted money but didn't want me to find out any real info about the debt.
I asked for a letter proving he owned the debt that I owe, which he said I could only receive taking my chances in court at a "discovery filing".
When pressed about a letter of notice, he changed the story and said one had been sent to my parents house (my mom opens all of my mail so I don't ever miss anything that gets sent there by mistake), but since I personally didn't live there, there was nobody to sign for the "signature delivery that only I can sign for" that he said it had been sent by.
Said he wasn't a debt collector, but a mediator that tries to settle before they sue people.
Threatened me with civil judgements that would wreck my credit.
Very, very smooth talker. I tried to get under his skin, rattle him a little and see if he made a mistake, and he didn't. He had an answer for everything EXCEPT the questions I directly asked.
So my questions:
What do I do? I was thinking I would call him and say "this call is being recorded, can you please state your name, company with street address and phone number" and see what his reaction is.
The way it appears to me is that I cannot get proof I owe anything to this particular man/company before paying, which sounds illegal to me.
I ran my credit tonight and now the debt is completely gone. Experian, TransUnion, Equifax all have no record of it. Which means it had to have fallen off between this past July and now, is that correct?
Also, while researching later after I talked to him, I found out that the statute of limitations for suing over debt in CA is 4 years, since I'd never touched the account the clock on that could not have started any later than July 2013 when it was first reported by TK Financial, which puts us over 4 years now. So he is actually breaking the law by threatening to sue me, correct?
I need some real help here. I will literally send cash tips to anybody who has real answers for me here. No joke. Thank you all so much in advance!!
Sounds like a scam to me.
