Vague Collector Calling Relatives /// What Happened to the USPS?

[dohdoh]

What is the name of your state? FLORIDA

For the past few months, a company has been calling my relatives, first my parents(a couple of times), then my landlord, then my brother. They always give a vague, serious-sounding message about how they need to speak with [me] and or my lawyer. It's a legal matter. We need a legal statement.... and so on...
To my knowledge, they only called my house once. My wife took the message... since then, they no longer try me. When they call my relatives, they leave a case number and name(Ms. Williams) and a callback number. Whenever I call the number back, it's always a recording asking me to leave my case number and name.
If it truly is a pressing legal matter, why not send me a letter? They clearly have my address, which is on my credit report... if they can find my brother's new telephone number at his brand new house, I think they can easily find my address. However, I have received NOTHING in the mail, and I feel that this is a scam or phone phishing of some sort. I'm frustrated and I refuse to do business with a company that does not identify the party they are representing.
Sorry for being so longwinded...
My main question is: Do I have a right to be expect them to send me something in writing about whatever this is?
Question 2: Is anyone aware of any phishing scams that sound like this?
Question 3to the debt collectors): If this is a collection agency(don't know what it could be) doesn't this behavior suggest that they have something to hide...why not just send me a letter. I've dealt with collectors in the past via the mail and it has gone smoothly.

TWhat is the name of your state?

[Some Random Guy]

It sounds like a debt collector trying to find you. If you contact them, then yl uwill find out what debt they are collecting on and they will waste theur time trying to contact you through your relatives.

[TiredOfAbuse]

Ok first, try and find out who they are. Find a company name and address. Write to them, tell them point blank that you are confirming your address (and phone number, if you like) and ask they stop calling 3rd parties in regards to this matter. In the letter, ask for Debt Validation as well.

My main question is: Do I have a right to be expect them to send me something in writing about whatever this is?
Question 2: Is anyone aware of any phishing scams that sound like this?
Question 3to the debt collectors): If this is a collection agency(don't know what it could be) doesn't this behavior suggest that they have something to hide...why not just send me a letter. I've dealt with collectors in the past via the mail and it has gone smoothly.

1. Yes, it is your right to receive a written communication in regards to these collections attempts. It's law in fact, that within 5 days of their verbal communication (message taken by your wife) they have to mail you a dunning letter. You haven't received one which means they either didn't send it (Violation of the law) or it got lost in the mail (not very likely).

2. This doesn't sound like a phishing scam. They are making the statements about "Case Numbers" and "talk to you or your lawyer". It does sound like the CA is leading a "least sofisticated consumer" into believing litigation has started. This is one of the points I listed in a suit (and won) against a collections lawfirm in California. If you can, document all of the messages left to your relatives, friends and business contacts (Landlord) to the best of your ability.

3. I am not a Collections Agent but I will answer this regardless. You haven't received a dunning letter, and they are calling you and everyone you know. You, personally, have not talked or communicated to them. So they will keep calling everyone you know until you do communicate with them. As I first said - send them a letter confirming your address (and your phone number) and demand they stop calling the 3rd parties. Send this letter CMRR so you get the green confirmation card back showing they received your letter. Inform them this letter is proof they know of your where abouts and at their peril, the 3rd party contacts must stop.

Once that is done, it is up to you how you will deal with them after that. Will you wait to get Debt Validation from them? Will you work out a payment plan? Just know that you have documented possible violations of the law (that can be used against them if you decide to sue or countersue the collections agency).

Note to collectors that will be reading this and tearing apart my advice: Remember, there is enough case law and ACA acknowledgement to show that messages left with 3rd parties and on unconfirmed voicemail/answering machines are a time bomb that can blow up on the CA. I have sued and won against a CA myself when CA's contacted 3rd parties in regards to my debt using the "Case Number" and "Talk to his attorney" type of language. So please do not mis-inform this OP by saying the CA hasn't violated.

TiredOfAbuse

[debtcollector`]

Those messages are a bit over the top for any of the big boys in collections. We just don't do that kind of stuff.

Given the facts by the OP, I wonder if it is even a collections issue. We don't describe debts as a legal matter, but rather as a business issue.

That said - if it is a bad debt, we don't yet know if it was a 3rd party collection agency calling. There is no prohibition against disclosure by first parties. If it is the OC then there is also no dunning requirement.

In addition - for 3rd party CAs the requirement for dunning notices is that we send it - not that you receive it. It is a small but important distinction.

DC

[TiredOfAbuse]

I completely agree. Unless you add the "never received a dunning letter" to an already hefty lawsuit, it's not worth it to sue just on that because I think the consumer would lose.

A regular CA wouldn't use those terms, I agree on that too. It's these "Collections Law Offices" that use it though. I butted heads with one this year. These companies claim they can take actions not allowed by normal CA's, but in the end it turns out that a Collections Law Firm is no different then your run of the mill Collections Agency is most respects.

I'll bet it's of these Collections Law Firms trying to act high and mighty (while breaking the law).

dohdoh: Can you confirm what agency is trying to contact you or if it's the Original Creditor or Junk Debt Buyer? Thanks!

TiredOfAbuse

[boswd]

Best way to really find out is pull up your credit report. All three and see if you have any charge off's and collections, you should be able to get their contact information there. And you have to check all three because not all CA's or OC's report to all three Experian, Equifax and TransUnion.