Are debt collection companies allowed to pretend they ARE the bank?

[Dewey]

What is the name of your state (only U.S. law)? AZ

What I mean is--can they send debt collection letters with the bank's letterhead, logos, and set up specific phone numbers with messages identifying themselves as that bank? (When you can't verify independently that the number actually belongs to the bank.)

I've posted before about my brother-in-law fraudlently applying for 100,000 in my husband's name along with his own as a joint account for a business line of credit. We've got our police report and will proceed with prosecution.

In the meantime, there are several things that don't add up. I suspect my husband is dealing with an outside debt collection agency. The use of the logos on the paperwork seem "off". The addresses and use of the phone number seem "off" since in some correspondence, they appear to be using it as an account number. Additionally, the first fax from them have "BDD Collections" across the top. I googled this and couldn't find anything. My husband had asked if they were an outside debt collection agency, which they denied.

I think the reason for such denial would be the preservation of their leverage in threatening our house since this particular bank owns our mortgage. I've read in the Fair Debt act, that if this was the case--they were in violation since they cannot threaten our mortgage or house even if they wanted to since it is in my name as well. A lawyer friend said they could only pursue my husband's separate property, of which he has none.

[justalayman]

have you tried calling the bank and asking them?

[debtcollector`]

There is so much relevant information missing that it is pointless to attempt to respond.


OP- if you want a good answer you have to actually give us the details.

DC

[Dewey]

Originally Posted by justalayman

have you tried calling the bank and asking them?

Haven't yet, but that is the plan. I imagine they won't talk to me at all since I'm not on the account. I have to convince my husband to call...which I will. Whoever has been terrorizing him has done an effective job.

I'm just seeing what the response is for "what if"

[Dewey]

Originally Posted by debtcollector`

There is so much relevant information missing that it is pointless to attempt to respond.


OP- if you want a good answer you have to actually give us the details.

DC

I feel that I gave enough information. I suspect an outside debt collection agency--are they permitted to misrepresent themselves as the original creditor?

It's a simple question which I imagine has a simple answer.

[debtcollector`]

Originally Posted by Dewey

I feel that I gave enough information. I suspect an outside debt collection agency--are they permitted to misrepresent themselves as the original creditor?

It's a simple question which I imagine has a simple answer.

Nonsense.

You have fraud, you have theft. You have police involvement. You have investigators from the bank, the police and insurance companies. You have a great big mess and are making about 100 unfounded assumptions. Any one of those assumptions could give you different answers.

And your question is wrong. It really depends on other information that you either don't have or aren't willing to provide.

DC

[ecmst12]

Plenty of larger banks have their own collections DEPARTMENTS which are not the same as an outside CA.