Collections Agency Scam?

[demi]

Others with more experience will chime in on what to do, but I do know one thing from reading this site:

NEVER CALL A COLLECTION AGENCY...everything in writing !

(I am a good student !)

[Anonymous]

Yeah.. that's what I gathered from much browsing... just curious if I should still send out DV letter since I know what the debt is for now, and they simply just got the wrong guy, even if it is someone else in my family. (And I know for a fact, 101%, that nothing in my name or anything associated with my credit is used as a reference for that debt).

On the Experian report, it had a social tied to the account in question which is clearly not mine, and already reported it to Experian. 

I just feel compelled to call them(CA) and say "look that's not me" blah blah, but I'm not sure what the right thing to do is at this point after filing the dispute with Experian.Even if I send the DV letter, they provide me with the docs showing the wrong info, what would I do? just call them and tell them to back off? 

Just to add... I'm pretty sure the reason why they thought I was the one owing the money is because my siblings or other family members and I all have very similar spelling in our first name.. sigh

Message Edited by grezex on 01-20-2009 04:37 PM

[Anonymous]

I just wanted to add another thing, I was talking with the CPA at my company and she mentioned something about mentioning in a DV letter to the collections agency about hurting my credit score since it appeared on one of my credit reports. Right now I have prepared a DV-Letter using Lonnster's example as suggested, and in it I noticed it mentioned a violation of the FCRA if they cannot validate their claim and will be a $2500 fine paid to me. And since I'm 110% sure they can't validate the debt as me owing it, what would make them obligated to pay the fine? And how would me disputing this claim already with Experian come into play?

[Anonymous]

IMHO, you better write to the CA even if it is to state you love them. Reason is that they might simply ignore your call and keep harassing you.

Second, you probably don't want to get into too much detail about your brother - let them figure out what they need, without extra help.

$2,500 fine apply to cases where a Collector is prosecuted by the FTC or other regulatory body.

The statutory  fine payable directly to consumers  for willful violations is set to $1,000.

You don't need to add any foreign language to DV letters (always CMRRR), the simpler the better - mention only the tradeline, when you first heard about it, the fact that if they can't validate they must cease collection effort least being found in willful violation of FDCPA.

[Anonymous]

Phew, just sent off the DV letter with CMRR. Now I guess my next course of action is to report a complaint with BBB, and play the dreadful waiting game

[Anonymous]

do not call CA,,,always in writing

do not give CA signature, type your name...someone can scan your signature

DV them

[Anonymous]

Sorry to bump an old thread, but.. I sent DV letter as you can see back in January and filed a dispute with Experian. Checked my credit report month to month and the CA and unknown social that appeared on my report has been taken off. I thought it was the end of it.

However, I just received a letter today from the same CA with information I requested after 7 months! 

They sent:

"Enclosed, please find the information you requested.

I hope this information will assist you in resolving your account. If you have any qeustions, please contact me. and so forth.."

 Also attached is the alleged billing statement listing all the items past due for a hospital stay that I clearly did stay at. In fact I haven't been to hospital let alone stay there for services more than one night in years.

Anyways, now I wonder what I should do next to avoid any more porblems with my credit. Having this appear on my credit report already hit my score pretty badly.. trying to recover from it.

Edit: I would also like to add, they don't harass me on phone or by mail of any sort. This DV response from them is the first time I have heard from them since the first notice I received from them. 

Should I call the OC to clear things up and avoid the CA? 

Message Edited by grezex on 09-03-2009 05:17 PM

[Anonymous]

Sorry to bump again, this is kinda stressing me out. I tried searching through, but can only find info about writing the DV, not after, etc. Can anyone help me out, any input would be greatly appreciated.

[llecs]

A CA has an unlimited time to respond to a DV.

On the paperwork, does it clearly mention your name, hospital name, nights stayed, etc.? If you are 100% certain that it is not yours, then it may be worth contacting the hospital and talking to them. If your name is common, the CA could have used a skip tracing tool that directed them to you and assumed it was your debt based on the name alone.

The hospital should easily pull up the records and discern that it wasn't yours. They could also tell you if the debt was assigned to this CA or if they sold the debt to the CA. If the OC still owns it, then they can easily pull it back.

The night listed as the date of service in the hospital is the DOFD. Look at your old CR copies and make sure the DOFD jives. Also look up the SOL in your state (likely it would be considered as "written") and look to see if SOL has expired. If expired, then there's no immediate rush to proceed; the CA is only blowing hot air. If inside SOL, then they'd feel that they could possibly sue to recover the money you don't owe.

[Anonymous]

Thanks for the reply llecs

Looking at the paperwork and thinking back, I am 110% sure the debt is not mine. However, I do know who the debt belongs to (my brother). And our names are quite similar.. so I'm guessing CA matched my name and address, etc. (Brother was visiting me in a different city at the time I had to take him to hospital)

As discussed from in other posts in this thread, my suspicious were correct looking at the hospital bill. Now I wonder if I have to completely give my brother up now to clear my name is the only option..

I guess I will call the hospital and see if they still own the debt and try to clear my name.

By the way, I reside in the state of California, so SOL I believe is 4 years.

We'll see how the phone call goes, thanks, hope everyone had a good Labor Day weekend!