HELP! Capital Management Call!

Anonymous · ‎09-10-2007

Okay they have my account... she called her on and off for months and I finally answered about 3 weeks ago and told her I need to verify and hung up.

So she starts calling my family!! I have no idea how she got their number (I don't think I had to have references for the credit card, can't remmeber but don't think I did ) So she has called every day to their number and finally gets my sis in law and then acts like she things its my work place

Once they get that worked out its not she asked for a corporate number and my sis in law doesn't give to her and calls me. So I call her and blast her NOT to call anyone but my number.

So as me and sis in law are talking she tells me someone from that same company had left a message for MY BROHER IN LAW with a case number and asks him to call... No mention of my name on the call and I have it recorded.

I call her back and yes I am nasty and she is nasty and I get my case number and lo and behold it is MY CASE number she gave him. She says she can do that... can someone point me in a direction to go with this. I don't think she can give case #s or anything can she??

Thanks

Anonymous · ‎09-10-2007

This collector appears to be in violation of the FDCPA because of the incident where she left your case number with your brother-in-law. She's trying to "embarrass" you into paying the debt, and she's trying to skirt around the law by claiming that the case number is his. Unfortunately, pretending that the case number is his is misrepresentation, which is a violation of the FDCPA.

This is the law right here: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

In a nutshell, if they're calling other people about you, all they are allowed to do is confirm your location (your phone number and address) and your employer. They are NOT allowed to indicate that you owe a debt, and the other people are NOT obliged to give that information to the caller.

I would definitely talk to your state attorney general about this agency. I would also talk to an attorney about suing the collector.

Anonymous · ‎09-10-2007

Thanks for the advice....

I got the original acct number from this gal and problem is I am not matching it to the account with Citifinancial that is on my credit report.

Also it looks like they reaged the account...Citifinancial that is...how can I dispute that with them? I don't want to do a dispute with EQ because I never get anywhere with that with other accounts.

The CA calling is not the one that is listed on my credit report that I believe belongs to this account... What a mess....

Thanks!

Anonymous · ‎09-10-2007

Debt collectors must comply with the federal Fair Debt Collection Practices Act, which limits our activities in trying to collect money from consumers. Most importantly, Section 805 (a) (1) of the Act says that you may not contact a consumer at work or any other place you know or should know is inconvenient to the consumer, and Section 805 (a) (3) of the Act says that you may not contact a consumer at work if you know that the consumer's employer prohibits such contacts. Individual debt collectors may be financially liable for their violations of the Act

If they know how to reach you ( home address ,phone #) they can not call anyone else, friends relitaves.

If they are calling sister at her work location they are in violation of not only federal law BUT prob. state harrassment laws. Call state AGs office

file a complaint www.ftc.gov

Message Edited by HappyDays on 09-10-2007 12:20 PM

cgmiller63 · ‎09-10-2007

Send them a DV letter and state that they may only contact you by mail. If you have already DV the account and it is in fact yours, you can still send a letter requesting they only contact you via mail. They MUST comply with your request. Make sure you send the letter with at delivery confirmation from the post office. Do not sign the letter only type your name. CA have been know to scan your signature and put it on contracts as "proof" that the debt is yours.

Message Edited by cgmiller63 on 09-10-2007 12:40 PM

Anonymous · ‎09-10-2007

If they know how to reach you ( home address ,phone #) they can not call anyone else, friends relitaves.
If they are calling sister at her work location they are in violation of not only federal law BUT prob. state harrassment laws. Call state AGs office

file a complaint www.ftc.gov

I talked to her about 3 weeks ago... no proof I guess but today as we are yelling at each other she says that she has never contacted me and I said I talked to you a few weeks ago and told you this was an old debt and I needed to do some research on it because I didn't recognize their name and she LIES and said this was from last year (the debt) and I said you have left messages on my voice mail didn't you!

Problem is looks like Citifinancial reaged it.... opened in 2002 and last activity was 2005 which can't be true. Can I validate with them?. Nothing is matching up...numbers, dollar amounts, name of collection agency etc

cgmiller63 · ‎09-10-2007

Hopefully others on this site who know more than I will chime in. I do know that you need to stop talking with these people over the phone. As you have figured out, they lie. Mail a DV letter return receipt requested. In this letter request they only contact you by mail, DON'T SIGN the letter only type your name. They then have 30 days to provide you proof that this debt is valid. If they cannot provide you that information they MUST cease cotnact and cannot report to teh CRA's.

Anonymous · ‎09-10-2007

Thanks for all the tips....

Problem is that the creditor that is calling is not listed on my credit report. I have one reporting almost the same amount that should be this debt but none of the account numbers are matching. So how do I DV them? I am scared when I do that they will add to CR.... Although this "thing" I was talking to on phone today was reading off all my debts etc and I was like LOOK none of those are your business except the one you say I owe. So she has to see Captial Management is not on there.... Do they work with others? The one on there that is more likely to be is LVNV FUNDING LLC

I know this is my debt and the years and money have been bad to me and if I am not mistaken, Citifinancial who was the original creditor was when I bought furniture right before my split up. I never paid for it and that was in 2000 I am pretty sure yet they are showing Last Date of Act as 2005 and this collection place is showing 2003

I just want to try and make arranagements with the right people to get it off!

Anonymous · ‎09-10-2007

If you are reading the threads you have seen many times "NEVER TALK TO A CA ON THE PHONE"

Anonymous · ‎09-10-2007

Well I am getting no where.... makes you wonder how they seem to always verify with CRA

I just spoke with a very nice lady from Citi and she can't find my account... So I said well how can we find it because people are saying I owe this money and I just want to be sure it is mine.

I am on a hunt for the original account # and she said they may can locate something with that...

I got her name and extension as she seems like she is trying to help.... so if we get to the point that she can;t locate the original info should I ask her to fax me something and if so what??

Thanks!