This person either used to have the same number as me or is giving out my number as her own. We get calls or messages for her every day and this morning they woke me up.
We tell them they have the wrong number, but they keep calling. How do I prove to them that they have the wrong number, and do I have legal recourse if the calls won't stop?
2007-02-24 05:47:38 · 16 answers · asked by Rosasharn 3 in Business & Finance ➔ Credit
You need to get information about the collection company. First ask them. Second use reverse phone number likegoing to whitepages.com or switchboard.com. Third ask to speak to someone other than the intial caller. Ask them who they are calling for and confirm the number. Don't give them your name but inform them that they have the wrong number.
Next get their fax number from the supervisor and her/his superior and then send both a fax and a cease and desist letter via certified mail. You want to reference the Fair Debt Collection Practices Act. Send a copy of the letter to the Federal Trade Commission (who will contact the agency or document their files) and your state and their state attorney general.
If they call after receiving your letter, you can sue for violations of the Fair Debt Collection Practices Act ($1,000 per violation) in federal court.
GOod Luck and contact me if you need help on structuring the letter.
2007-02-24 06:38:59 · answer #1 · answered by teenriodoll 3 · 2⤊ 0⤋
Heidi is right on this one.
I love a lot of the other answers...
Change your phone number? Why? If they were coming to your home would you move?
Call the FTC? BBB? AG? FBI? CIA? Trust me, waste of time.
Start by reading the Fair Debt Collections Act.
The next time they call. get the agent's name, phone number and collection agency. Just tell them that you want to send in a payment and they will be glad to give you the address too!
Then simply send them a letter saying that the person they want does not live there. Send a copy of a utility bill to show the name and address.
Then, if they contact you again, you have fulfilled the requirements of the FDCA and you can sue them in small claims court for $1000. Pretend you won the lottery.
2007-02-24 19:28:32 · answer #2 · answered by Anonymous · 2⤊ 0⤋
They are violating the FDCPA. Next time they call, ask for a supervisor. Tell the supervisor you know the company is violating the Act and you are tired of the calls. The person calling you is just sitting in a cubicle and doesn't really care that they have the wrong number. They just basically say "yeah, right" and hang up so that the computer calls you back the next day.
They don't have to file suit to hurt your credit score. If you are turned over to a collection agency, the collection agency can, after 30 days, notify one of the bureaus that you have an account in collection.
2007-02-24 14:00:15 · answer #3 · answered by Heidi 2 · 1⤊ 0⤋
My personal favorite thing to do to nuisance callers: Blow a ref's whistle into the phone. Other than that, you can send a cease & desist letter to them by certified mail, but if it is a bunch of collectors, there will always be a new one. The simplest PERMANENT solution is to change your phone number. It might cost you $50, but it is probably worth it if they are calling that much. As for legal recourse, don't bet the farm. They are probably calling the number the dumb broad gave them, so they are within their rights unless they are being abusive or calling you in the middle of the night.
2007-02-24 14:06:11 · answer #4 · answered by Tom's Mom 4 · 0⤊ 1⤋
Get caller id and screen your calls. Try doing a reverse lookup on your phone number to make sure you are the only one it comes up for. If you talk to the debt collectors, ask them where they got the number. You might also ask the phone company what they suggest. If all else fails, you could change your number, but only as a last resort.
2007-02-24 13:51:56 · answer #5 · answered by Liza 6 · 0⤊ 1⤋
Document the times of calls and who is calling. Inform the caller that you are in no way connected with the person that they are calling and you want them to cease and desist from harassing you, or you will report them to the FCC. When they fail to comply, call the FCC and let them know that you are being harassed over the phone by this company. You should also contact a lawyer, as you may have a lawsuit on your hands.
2007-02-24 13:51:44 · answer #6 · answered by Barbara G 3 · 2⤊ 0⤋
The next time they call, POLITELY explain that the person they are looking for does not live there, never has and you don't know who that person is.
Then tell them never to call this number again. You may have to send them a cease and desist letter telling them to stop calling. Once you've sent them the cease and desist letter, if they call you again, they are violating the law.
2007-02-24 13:56:29 · answer #7 · answered by Faye H 6 · 1⤊ 0⤋
yes...if you tell them they can no longer call you and they continue to call they can be in trouble. Once someone tells you to quit calling them...then they have to stop calling you. Unfortunately...greedy collectors do not care...report them to the their collection agency (someone obviously higher than the callers)...I watched a report on dateline (or one of those shows) and the people were being threatened by the collector and since it was recorded the person lost his job. When you know they are calling...record the conversation telling them not to call you anymore...and when they call again that gives good evidence to police and their company that they are voilating rules.
2007-02-24 22:37:31 · answer #8 · answered by k_reile 3 · 1⤊ 0⤋
Head to your local county attorney with the debt collectors number and name. He / She should be willing to make a single call and tell them they need a new direction in their search for this person.
Do not wait... DO IT NOW !!! There is no reason you need to be bothered by this collector any longer.
2007-02-24 14:54:11 · answer #9 · answered by Kitty 6 · 1⤊ 0⤋
Ask them to take this number off their list...or to speak to a manager or someone who can help you sort the problem out. I had the same type of situation...it took a good couple tries but eventually they listened to me and i havent heard from them since.
2007-02-24 13:51:33 · answer #10 · answered by imaginadia510 2 · 2⤊ 0⤋