I think I may have been scammed. Please help!!

[Queen_Etherea]

Ok so I got a call from a debt collector last week out of the blue saying that they were going to deliver a summons to my work or place of residence the next day. They claimed Wells Fargo was suing me for an account that was overdrafted and never paid about 9 years ago. This is the first time I've ever heard about this and they claimed I owed around $900 after fees and everything. I asked for them to send me proof of the debt and they sent a page with their company letter head saying saying I owe xxx amount of money with Wells Fargo and even listed an account number. Also, this was never listed on my credit report.

I just called Wells Fargo and they said they have no record of that account #. I even gave her my social and nothing. She said some old accounts were sold to collection agencies, but they should still have a record in their system. I did have an old account with Wells Fargo, but I don't know if I owed any money on it. I very well could, but I want to be 100% sure of this debt. It seems odd that would contact me out of the blue like this when all the info on my credit report has been accurate for quite some time, and that this debt isn't even on my credit report.

If anyone has anyone else I can contact regarding this matter, or what other information I can get from the company that contacted me, that would be so wonderful. I asked for something from Wells Fargo showing what this was for, but all I got was that letter in an email.

Thanks,

Alex

[Zolomon]

If you've checked your credit report and the collection is not listed, and Wells Fargo themselves are stating they have no record of such account, then it is a scam. If you've paid any amount of money to them, call the police and file a report for fraud.

[rbentley]

This is a common scam, although usually they claim it is an IRS debt and that there is an arrest warrant out for you.  Ignore it.

[Kree]

You didn't pay money, and you verified with Wells Fargo that it was not a legitimate debt.  As such you were not scammed. Good job.

[Anonymous]

Just stop and think about it: no one is going to "warn" you that they're deliving a summons. That defeats the purpose. These people are hoping to scare you into paying money you don't owe.  

Tell them to drop dead and stop contacting you. 

[RobertEG]

If you send a cease communication notice to them, citing FDCPA 805(c), that will impose a cease communication bar on them.

I would also send a copy of their validation letter to the CFPB as part of a formal complaint, explaining that the creditor denies that the asserted validation was provided to the debt collector.

Validation without any contact with or official file records provided by the creditor is a violation of the investigation requirement of FDCPA 809(b).  If the CFPB has other complaints, it might provide additional support for them to pursue the debt collector.

[Anonymous]

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@RobertEG wrote:

If you send a cease communication notice to them, citing FDCPA 805(c), that will impose a cease communication bar on them.

I would also send a copy of their validation letter to the CFPB as part of a formal complaint, explaining that the creditor denies that the asserted validation was provided to the debt collector.

Validation without any contact with or official file records provided by the creditor is a violation of the investigation requirement of FDCPA 809(b).  If the CFPB has other complaints, it might provide additional support for them to pursue the debt collector.

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Doesn't the statue of limitations have a place in this action?

[Queen_Etherea]

I filed a fraud claim with Wells Fargo and got my money back!!

[Anonymous]

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@Queen_Etherea

I filed a fraud claim with Wells Fargo and got my money back!!

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What money?

[RobertEG]

Expiration of SOL does not preclude continued collection attempts.

It only precludes their ability to file and obtain a civil judgment ordering payment of the debt.

A few states have their own enhanced debt collection practices statutes that do require notice to the consumer if the SOL has clearly expired, but there is no general requirement for such notice on the federal level, and thus no violation of federal statute or regs by not providing such notice to the consumer.