CA Chasing Wrong Person....What do I do?

[wrongprson]

What is the name of your state? Maryland

I started receiving messages from 866-998-2500 about two months ago regarding an "important business matter". They would leave these messages but not say the company they were from. I googled the number, found out that it is LTD Financial Services (who was just fined 1.4 million by the FTC for illegal business practices).

I am not in collections to anyone. I have no dings on my credit report. I just obtained a substantial loan in October 07 and was approved immediately due to a credit score of 805. There were obviously no collections against my credit.

I really don't want to talk to these people because I have read 100s of horror stories on the web about their behavior over the phone. I'm sure they're not going to accept "I'm not the right person" as an answer and just leave me be.

I understand that they owe me a letter of Debt Validation within 5 days of making contact. Does this mean I have to give them my address? What if they are fishing using Google to get all of the phone numbers of people with my name? If I say "send the letter" and they send it to another address, will they keep harassing me??

If I do get the letter from them, and the debt is not mine, I know I respond in writing that it is not mine and they have 30 days to try and validate. What happens during those 30 days? What do they do to validate? I really don't want any contact with them during this process as it is their problem to validate and not mine, right?

As a person who has NEVER missed a payment on ANY debt EVER, and is VERY proud of my credit rating, I am very AGGRIVATED that I know have to prove MY INNOCENCE to this company. The onus should be on them to prove it's me, correct?

So my main questions are:

1. Do I call them back or do I write them a letter saying to stop contacting me and to provide a letter of Debt Validation?

2. Do I give them my address or tell them to send it to the address they have on file?

3. What do I do during the 30 days of "Debt Validation" to ensure that they take me off of the list of people with my same name that they are using to fish for the actual debtor?
?

[vayacondia]

It's really not as complicated as you're making it. If they didn't even ask for you by name, they might just be looking for the last person who had your number. If they ARE asking for you by name, call them back and tell them they have the wrong person. They might ask for your social, give them the last 4 and your birthdate and they'll be able to confirm it's not you. I get calls at least once a week for other people and it's really not a big deal.

[wrongprson]

They are calling me by name.

Maybe I'm a skeptic. But you think they're really going to leave me alone because I give them 4 numbers that I say are the last 4 of my soc? I guess it just doesn't seem to be that easy to get rid of people who have been calling relentlessly for months.

By the way, this forum is great. I didn't even realize you could get your credit report for free until I stumbled upon this forum. I just printed and verified my credit report with all three services. Not a negative mark anywhere. I can't understand why I'm being targeting by these people.

[debtcollector`]

Well, you could talk to them and find out why they are calling you. It would make more sense than jumping to conclusions.

DC

[Debt Guy]

I googled the number, found out that it is LTD Financial Services (who was just fined 1.4 million by the FTC for illegal business practices).

Means nothing to your case.

I am not in collections to anyone. I have no dings on my credit report. I just obtained a substantial loan in October 07 and was approved immediately due to a credit score of 805. There were obviously no collections against my credit.

Then this contact is clearly an error. Right? There is some sort of garbage in their database. Who knows what happened -- possibilities range from a debt you forgot about to identify theft and anywhere in between.

I really don't want to talk to these people because I have read 100s of horror stories on the web about their behavior over the phone.

For a person with an 805 credit score, you sure are a wienie. What do you think they are going to say that will so much hurt you? Do words wound you? Do you have so little self-control that you think they are going to talk you into giving them access to your bank account? Geez.

I'm sure they're not going to accept "I'm not the right person" as an answer and just leave me be.

You are right. They won't. They get lied to all day long by professionals. The fact they won't believe you is not personal. They don't believe anyone. Don't allow it to get under your skin. It is just words from someone who does not know you and could care less. Why take it personal?

I understand that they owe me a letter of Debt Validation within 5 days of making contact.

No. They are required to send you an "initial contact letter" not less than 5 days after the initial contact. They can send it before the contact if they wish. But until you talk to them they have not made contact and thus have no duty until the law.

Does this mean I have to give them my address?

How are they going to send you the letter if you don't give them your address?

What if they are fishing using Google to get all of the phone numbers of people with my name?

That is a possible scenario (but not likely since they get at least some information from the original creditor that leads them to narrow it down at worst). But, if they are looking for "john smith" all they can do is start calling all the "john smiths" until the find the right one. While this may inconvenience or even annoy you, it is not illegal or unethical behavior.

If I say "send the letter" and they send it to another address, will they keep harassing me??

Umm. Yes. They won't know any better. They will think you are just ignoring their letter.

If I do get the letter from them, and the debt is not mine, I know I respond in writing that it is not mine and they have 30 days to try and validate. What happens during those 30 days?

You almost have it right. The 30 days relates to your time limit to make the written request. They have no time limit in which they must respond (sorry, that is the law).

If you send your validation request in writing within the 30 window, they are required to cease collection activity until they have validated. However, validation is nothing more than the name and address of the original creditor -- which in your case may be exactly what you need to now.

What do they do to validate?

They check their records. They are supposed to check with the original creditor (which may or may not happen and you will likely never be able to tell if they did or not). But if they have garbage in their database, all they are going to see is the same garbage -- which will be the basis for their validation response.

Once you get their response you can decide what to do. It is jogs your memory, then you can deal with it. If you are still convinced it is not yours, your can tell them to take a hike (called a cease and desist). At that point they may sell the debt to someone else and the whole process starts all over or they may decide to sue you.

I really don't want any contact with them during this process as it is their problem to validate and not mine, right?

Not sure I understand. Legally, they are not required to validate at all. But, as described above, if you dispute timely and in the proper manner, they must stop all contact until they validate. If they do not cease contact, then you have a cause of action for violation of the FDCPA. You can download and read the FDCPA at [url]www.ftc.gov[/url].

As a person who has NEVER missed a payment on ANY debt EVER, and is VERY proud of my credit rating, I am very AGGRIVATED that I know have to prove MY INNOCENCE to this company. The onus should be on them to prove it's me, correct?

Umm. Kinda. You can demand anything. You can refute, dispute and confute but you really can't do much legally until and unless you are sued. Then, you have all sorts of rights to demand and get proof. Hope it does not end up there -- but if it does it is not the end of the world.

Sorry, I know it stinks. But, that is the way the legal system works.

So my main questions are:

1. Do I call them back or do I write them a letter saying to stop contacting me and to provide a letter of Debt Validation?

Personally, I think you need to do both. Call and ask what this is all about. Ask for the name of the original creditor and what debt is involved. Get the account number if you can. Get their internal reference number (which is how they track things internally. Get their mailing address. Just tell them that this is not your debt and that you will be mailing a validation request.

Don't be surprised if they poke and press you for payment -- that is their job. It is not personal. You have the right to say "no" -- exercise that right. You have the right to hang up -- do so if you feel threatened but only after you have enough information to write your validation request.

2. Do I give them my address or tell them to send it to the address they have on file?

Personally, I think it is a good idea that they have your current address. You want to get any mail or even a court summons. If they don't know how to get mail to you, it is possible you will wake up one day and find you have not only been sued but a judgment granted against you and your bank account frozen. This is definitely one of those situations where ignorance is not bliss.

3. What do I do during the 30 days of "Debt Validation" to ensure that they take me off of the list of people with my same name that they are using to fish for the actual debtor?

I don't think they is a lot you can do. Just work the plan step by step. Wait for their response.


OK, once you have the info discussed in #1 above, write a letter to the General Counsel of the Collection Agency at the address they give you.

My advice is to keep it simple. All you need to say is "I am not the party you are seeking" and "this is not my debt" and " I hereby demand that you validate the debt".

Now, you can find all sorts of sample validation requests on the internet that go on and on for a dozen paragraphs and quote every law back to the Magna Carta the might govern their behavior. Such letters usually threaten a severe beating with a stick and a pox on their cat if they violate any of those referenced laws.

Personally, I think those type letters are indicative merely of a person's internet surfing skills and do not intimidate the CA in the slightest. For me the major problem with those letters is that your message can get lost. Remember that the mail is opened and sorted by a minimum wage drone. Keep it short and simple and they will be able to get it in the right stack. Make it hard and complex and it might end up in India.

Your letter needs also to clearly identify you. Your name and their reference number are critical. If you leave that stuff off, they have no way to know who this piece of mail is from.

Also, I think your letter needs a correct and current address. Otherwise, they don't know how to get the response back to you.

Finally, you should send the letter certified mail return receipt requested. Keep a copy of everything. You are building a paper trail that might come in handy later.

I suggest that you don't get too carried away with worry or trying to figure out the next step until you know more. There will be plenty of time to decide how to respond.

It is clear from your tone that you are annoyed by all this. OK, you are entitled to be annoyed. But, the reality is that this has happened and it is just one of those bumps in life that we all must deal with from time to time.

Finally, don't be afraid to talk to these guys on the phone. You won't get AIDS and they can't reach through to whack you. The worst they can do is call you a name. Surely that won't hurt. If it helps, call them a name and all is even.

Let me know what happens and we can figure out the next step. Let me know if you have questions.

PS -- don't take it personal if my tone sounds a little on the harsh side -- these messages are read by lots of people and I always want them to be a lesson and learning experience for those who have the same problem (this is not uncommon) but are uncomfortable posting their question. I find that a slightly more direct response gets through to more people.

Also, if there are typos or it looks like words are left out, blame it on my arthritis and the fact that my brain goes lots faster than my fingers. Just fill in the blanks.

[wrongprson]

Ok Debt Guy. Thanks for the detailed response. I'll grow a pair and give them a call. I'm still a little disappointed that the onus is on me to prove that I'm not who they are seeking, if that turns out to be the case. However, after reviewing my 3 credit reports an hour ago, I remain convinced that they are barking up the wrong tree.

I'll call them and let you know where that leads.

Thanks for the help!

[wrongprson]

Ok. So I jumped to conclusions.

I called. They said, do you live in Georgia or Texas. I said no. They said do you live on 19 Something Blvd. I said no. They said are the last four digits of your social XXXX, I said no. They said were you born in 1984. I said no. She then said I wasn't the person they were looking for and that they will remove me from their list.

All that worrying for nothing. Thanks for the advice and the knowledge anyway. Hopefully it never has to come in handy again!

[Debt Guy]

If it were not for jumping to conclusions, I would get hardy any exercise at all. Well, I guess beating around the bush also counts.

Glad it is resolved.