About ten years ago I first received a statement from a collection agency about unpaid student loans.?

Question

The person owing the debt has a name very, very similar to mine. But I am not that person and I do not owe the debt. This person has been able apparently to skip paying perhaps because the collection agencies do not ever actually contact the person. In cycles I get phone calls from nasty debt collectors. I give them the information I have about the person they need to contact. I've written letters to collection agencies. I've contacted my state's attorney general. Now tonight I have gotten another call from a past collection agency trying again. After at least ten years, wouldn't you think they would get the message that they have the wrong information? I don't think this can be called identity theft because they have the debtor's name and social security number. They do not have mine. What can I do to stop these people from calling me?

Answer 1

Send them the following letter. Hope it helps.

Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

Mr./Ms. Collector,

I am writing in response to your constant phone calls that are in violation of the Fair Debt Collection Practices Act, specifically:

804(3) - Acquisition of Location Information (15 USC 1692b): Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.

806(5) - Harassment or Abuse (15 USC 1692d): A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. The following conduct is a violation of this section; "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."

I have informed you on several occasions that the consumer you are trying to contact does not live at my address, is not associated with my phone number and that I have no additional location information to provide you. Therefore, in accordance with section 804(3), I demand that you stop calling me at home, at work, on my cell phone or at any other location!

Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me, I will consider your actions in violation of section 806(5) and pursue all available legal actions to stop you from harassing my family and me.

Signature
Your Printed Name

Answer 2

Collection agency's buy and sell accounts all the time ,and the people that work there do a quick search for a name and then start calling , they don't care if it's not the right person .
There must be some sort of Credit Bureau where you live , that's where they would get some info on your credit scores or ratings ..contact them and explain what's been happening and maybe they can help you out .
It's not up to you to give out any information either ... that's their problem . You could change your number or have it unlisted too but then that's not fair to you ..
Contact your state rep maybe he or she can help you after all that's what they are there for
IF you have caller ID on your phone then don't answer unknown names or private numbers let it go to voice mail or you can buy a device for stopping calls from telemarketers as most collection calls are computer generated . this device will beep when yo pick it up letting the computer generated call think that your number is no longer in service TeleZappe is one brand name ..
I wish I could help you more .. I would be very upset if this sort of thing was happening to me

Answer 3

I've had this problem over the years with other types of bills. There are several people in this area with the same name, and I have often had to deal with 'their' debts.
I do not bother contacting the collectors. I write a brief note to the company explaining the situation, and ask them to please correct their records and notify the collection agencies of their error.
I also make it perfectly clear that I will not be paying the amount owed, so unless they find the correct person, they may never be reimbursed, and I may be forced to seek legal advice about the harassment.
It has worked every time.
Best wishes..

Answer 4

Well if you don't owe the debt and they keep calling you, get the collector's supervisor on the phone and briefly explain that they need to quit calling that number and put that number as a no contact number, and if they keep harassing your phone and you are not the one that has the debt after verbally telling them 3 times, then they can be in violation and you can sue them. But if you don't want to go there, you can get your number changed as well and be done with it.

Answer 5

You need to keep copies of all written corespondence and send it certified mail. Having an unpaid student loan is about the worst thing you can have on your credit report. Do not ignore this.

Wait to hear from the attorney general.

Don't ignore the calls, next time they call, tell them you have hired an attorney, give them the attorney generals name, address, and phone #. DON'T TELL THEM IT'S THE ATTORNEY GENERAL, just give the name. That should put an end to the phone calls.

Answer 6

See a lawyer and see if you have a good case for the intentional infliction of emotional distress. That's what the tort is called in Oregon.

Answer 7

Honestly the only thing to do is change your number. I used to work in collections. They all assume that it is you and your in denile. Change you # ASAP or just ignore the calls.

Answer 8

Honestly....get caller ID and dont answer. They cant hurt your credit rating as your not the person in question ...different ssn etc... you might just have to ignore them....the big question...how to stop telemarketers...which is kinda what they are....hired sharks to bug you till you fold....good luck.

Answer 9

it's against the law for them to keep on harassing you!!!!!!! check with an attorney but you have to have proof.

Answer 10

You can sue them for harassment and you can tell them that.