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  #1  
Old 02-04-2009, 04:34 PM
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Debt Collector received payment from the wrong person.

What is the name of your state (only U.S. law)? California.
I have a charged-off auto loan account that my ex-wife was supposed to pay for but didn't. She isn’t legally responsible or anything, so I must pay the debt. I made arrangements from the original creditor to take it from my credit report, as long as I maintain the payment arrangements. Anyways, the collection agency called my father’s house and spoke to my brother, in which the agency talked him off to pay two payments on the account. Now, they never actually verified with my brother by at least verifying the social security number, date of birth, or anything. They just spoke to him, and since his name is identical to my name they’d just demanded a payment from him. Since my brother didn’t have any knowledge on the account, or should have knowledge and the collection agency didn’t verify any information with him, and obtain two different payments from him, can I sue the agency? I have proof that the payment did not come from me, and I live in a different city with a different number and address. I feel that my brother shouldn’t of even known that I have a charged-off account. What should I do?
thanks for any of your help
  #2  
Old 02-04-2009, 04:36 PM
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You could pay your brother back for volunteering to make two payments for you.
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  #3  
Old 02-04-2009, 04:40 PM
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So, because they called your contact number and asked for "Andre Richmond", and your brother (who has the EXACT same name as you ) said "I'm Andre Richmond", you think you're entitled to sue??? Interesting...
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  #4  
Old 02-04-2009, 05:39 PM
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Quote:
Originally Posted by Zigner View Post
So, because they called your contact number and asked for "Andre Richmond", and your brother (who has the EXACT same name as you ) said "I'm Andre Richmond", you think you're entitled to sue??? Interesting...
Our names aren't the exact same. His name name is "Andrew," not Andre. I've worked in collections, and before we were able to discuss any account information, we MUST identify the person first. He should have asked for the last 4 of his ssn to see if it matched the one of file.
  #5  
Old 02-04-2009, 05:46 PM
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Quote:
Originally Posted by andrerichmond View Post
...
They just spoke to him, and since his name is identical to my name they’d just demanded a payment from him.
...
So now you're changing your story?
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  #6  
Old 02-04-2009, 06:24 PM
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Originally Posted by seniorjudge View Post
So now you're changing your story?
Changing my story? Not at all!! Our names are almost identical,,,, Andrew Andre. BUT we aren’t' the same age, nor have the same ssn. My point is, per FDCPA, they MUST verify the social security number before they make any attempts their collection effort. Again, I have worked in collections, they MUST, verify the social security number. They should have recorded the call, too!!!
  #7  
Old 02-04-2009, 06:30 PM
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Quote:
Originally Posted by andrerichmond View Post
Changing my story? Not at all!! Our names are almost identical,,,, Andrew Andre. BUT we aren’t' the same age, nor have the same ssn. My point is, per FDCPA, they MUST verify the social security number before they make any attempts their collection effort. Again, I have worked in collections, they MUST, verify the social security number. They should have recorded the call, too!!!
Yea, come on SJ...you should know that!!! and by the way, have you met my brother Daryl, and my other brother Daryl

hijack trivia question of the day ~ who can name the show with the "brother Daryl and my other brother Daryl.

The winner gets an all-expense unpaid trip to Iceland!!!
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #8  
Old 02-04-2009, 06:35 PM
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Quote:
Originally Posted by Wirelessany1 View Post
Yea, come on SJ...you should know that!!! and by the way, have you met my brother Daryl, and my other brother Daryl

hijack trivia question of the day ~ who can name the show with the "brother Daryl and my other brother Daryl.

The winner gets an all-expense unpaid trip to Iceland!!!
Hmm, that wasn't funny, sorry!!! Please keep the children comments to yourself!! Someone with common sense would have given me the IF example, if a collector had not asked for info and breaking the FDCPA rules, and if I’m able to sue and how to go about doing it! Thanks Next Comment!?!
  #9  
Old 02-04-2009, 06:41 PM
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You have no case.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #10  
Old 02-04-2009, 06:55 PM
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Quote:
Originally Posted by Wirelessany1 View Post
hijack trivia question of the day ~ who can name the show with the "brother Daryl and my other brother Daryl.

The winner gets an all-expense unpaid trip to Iceland!!!
I can - I'd just really prefer not to!
__________________
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*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #11  
Old 02-04-2009, 06:57 PM
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Quote:
Originally Posted by Zigner View Post
I can - I'd just really prefer not to!
What is it Zig...the trip or do you just not want to play
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #12  
Old 02-04-2009, 07:01 PM
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Quote:
Originally Posted by andrerichmond View Post
Changing my story? Not at all!! Our names are almost identical,,,, Andrew Andre. BUT we aren’t' the same age, nor have the same ssn. My point is, per FDCPA, they MUST verify the social security number before they make any attempts their collection effort. Again, I have worked in collections, they MUST, verify the social security number. They should have recorded the call, too!!!
That isn't true. Show me the section of the FDCPA that require SSN as verification.

DC

PS - Newhart -- Do I have to go to Iceland?
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Quote:
OP needs counseling...not a court house. --Zigner
Last edited by debtcollector`; 02-04-2009 at 07:03 PM. Reason: To add Newhart :)
  #13  
Old 02-04-2009, 07:06 PM
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Quote:
Originally Posted by Wirelessany1 View Post
What is it Zig...the trip or do you just not want to play
The trip...definitely the trip!
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #14  
Old 02-04-2009, 07:06 PM
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Join Date: Dec 2007
Location: Thebes
Posts: 6,068
Quote:
Originally Posted by debtcollector` View Post
That isn't true. Show me the section of the FDCPA that require SSN as verification.

DC

PS - Newhart -- Do I have to go to Iceland?
Thank you for playing the game. No, you don't have to go to Iceland, but I will be sending a virtual high-five your way, Sir.

take care, ana

...and now back to our regularly scheduled blah...blah...blah..
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Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.
  #15  
Old 02-04-2009, 07:48 PM
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[quote=debtcollector`;2167212]That isn't true. Show me the section of the FDCPA that require SSN as verification.

well, Q: May a Debt Collector Contact Any Other Person Concerning Your Debt?

A debt collector may contact a person other than the debtor only to discover or verify the debtor’s location. The collector must:

identify himself but he must identify his employer only if expressly requested to do so;

not reveal the consumer’s indebtedness to anyone other than the debtor or his/her attorney;

not use a post card or in any way reveal debt collection activity.

right here in bold.. so you tell me? What I mean is at least identify that you are speaking to the actual person, not someone else.
Last edited by andrerichmond; 02-04-2009 at 07:58 PM.
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